Common use of SERVICE INTERRUPTIONS AND OUTAGES Clause in Contracts

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee shall promptly notify the Town of any Significant Outage of the Cable Service. B. The Licensee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. C. Licensee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee shall complete Service Calls within seventy-two (72) hours of the time Licensee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee shall meet the standard in Subsection E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee shall notify the Town of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (24) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee to verify the problem if requested by the Licensee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning cable services provided to Town facilities, Licensee shall Respond to all inquiries from the Town within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee shall notify the Town in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 5 contracts

Samples: Cable Television Renewal License, Cable Television Renewal License, Cable Television Renewal License

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SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee shall promptly notify the Town of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any scheduled Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedureUnder Normal Operating Conditions, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after (i) notifying the Town County at least fifteen (15) days before the date of the Significant Outage, and (ii) making commercially reasonable efforts to provide each affected Subscriber in the Service Franchise Area have been given fifteen (15) days prior notice of the proposed Significant Outage. No notice shall be required where such Significant Outage occurs between the hours of 12:00 midnight and 5:00 AM or in emergency situations or other situations necessitating expedited work. C. Licensee B. Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. C. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls respecting Service Interruptions in the Service Franchise Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town County of a Cable Service problem. E. D. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. E. The Licensee Franchisee shall meet the standard in Subsection E C and D. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. F. The Licensee Franchisee shall provide the Town County with a report upon request from the TownCounty, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall will be made available to the Town County for review upon reasonable request. At the Licensee’s Franchisee's option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee Franchisee shall notify the Town County of such a change at least thirty (30) days day in advance. H. G. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly billrecurring charges for the time Cable Service was out. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. Such credits shall be reflected on Subscriber billing statements within the time period required by Section 7(0), below. I. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee provided such determination is non- discriminatory. Such credit credits shall be reflected on Subscriber billing statements within the next available billing cycle following the outagetime period required by Section 7(0), below. J. With respect I. The Franchisee shall keep maintenance crew and repair staff to service issues concerning cable services provided to Town facilities, Licensee shall Respond to all inquiries from meet the Town within four (4) hours and shall commence necessary repairs within twenty-four (24) hours Franchisee's obligations under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee shall notify the Town in writing as to the reason(s) for the delay and provide an estimated time of repairthese Customer Service Standards. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly exercise all commercially reasonable efforts to prevent the occurrence of a Significant Outage. The Franchisee shall notify the Town City of any Significant Outage of the Cable ServiceService within 12 hours of when it knew or should have known of the outage and shall work continuously to correct the outage and fully restore service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-twenty four (24) hour period only after the Town City and each affected Subscriber in the Service Franchise Area have been given fifteen (15) days reasonable prior notice of the proposed Significant Outage. Notwithstanding the foregoing, the Franchisee may perform modifications, repairs, and upgrades to the System between 12.01 a.m. and 6 a.m. which may interrupt Service, and this Section's notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual Subscriber notice. C. Licensee The Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-twenty four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service Service problems within the following time frames: (1) Within twenty-twenty four (24) hours, including weekends, of receiving Subscriber calls respecting Service Interruptions in the Service Franchise Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town City of a Cable Service problem. E. (3) Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee the Franchisee commences to Respond respond to the Service Interruption, Interruption not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee shall meet the standard in Subsection E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee shall notify the Town of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (24) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee to verify the problem if requested by the Licensee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning cable services provided to Town facilities, Licensee shall Respond to all inquiries from the Town within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee shall notify the Town in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.two

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town City of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any planned Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town City and each affected Subscriber in the Service Franchise Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the foregoing, the Franchisee may perform modifications, repairs and upgrades to the System between 12.01 a.m. and 6 a.m. which may interrupt service, and the notice obligations of this Section 4 respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual subscriber notice. C. Licensee The Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber subscriber calls respecting Service Interruptions in the Service Franchise Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town City of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee the Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection E of this Section 4.E. above for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee Franchisee shall provide the Town City with a report upon written request from the TownCity, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this SectionSection 4. Subject to consumer privacy requirements, underlying activity shall will be made available to the Town City for review upon reasonable request. At the Licensee’s Franchisee's option, the above measurements and reporting may be changed for from calendar quarters to billing or accounting quarters. The Licensee Franchisee shall notify the Town City of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly billxxxx. In order to qualify for the credit, ; the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out. If a Significant Outage occurs during a period when Normal Operating conditions do not apply, or a credit the Franchisee may exercise its own discretion in deciding whether to the affected Subscribers in the amount equal to the charge issue credits for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee provided such determination is non- discriminatoryOutage. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. Notwithstanding the foregoing, if the Franchisee has issued an automatic credit to affected Subscribers entitled to the credit, the City shall not find the Franchisee to be in violation of this requirement if the number of Subscribers who did not receive a credit is de minimis and the Franchisee offers the credit promptly upon being notified of the error. J. With respect to service issues concerning cable services Cable Services provided to Town City facilities, Licensee the Franchisee shall Respond to all inquiries from the Town City within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee Franchisee shall notify the Town City in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town LFA of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town LFA and each affected Subscriber in the Service Area have been given fifteen (15) days days’ prior notice of the proposed Significant Outage. C. Licensee Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town LFA of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee shall notify the Town of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly billxxxx. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. At Franchisee’s option, the measurements above may be changed from calendar quarters to billing or accounting quarters. Franchisee shall notify LFA of such a change not less than thirty (30) days in advance. I. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee Franchisee provided such determination is non- non-discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. I. With respect to service issues concerning cable services provided to Town LFA facilities, Licensee Franchisee shall Respond to all inquiries from the Town LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee Franchisee shall notify the Town LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town LFA of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the foregoing, Franchisee may perform modifications, repairs and upgrades to the System between 12:01 a.m. and 6 a.m. which may interrupt service, and this Section’s notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual Subscriber notice. C. Licensee Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls respecting about Service Interruptions in the Service Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town LFA of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection Section E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee Franchisee shall provide the Town LFA with a report upon request from the TownLFA, but in no event more than once a quarter within thirty quarter, forty-five (3045) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall will be made available to the Town LFA for review upon reasonable request. At the LicenseeFranchisee’s option, the above measurements and reporting may be changed for from calendar quarters to billing or accounting quartersquarters one time during the term of this Agreement. The Licensee Franchisee shall notify the Town LFA of such a change at least thirty (30) days in advanceadvance of any implementation. H. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly billxxxx. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning cable services Cable Services provided to Town LFA facilities, Licensee Franchisee shall Respond to all inquiries from the Town LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating ConditionsConditions and shall diligently pursue to completion. If such repairs cannot be completed within twenty-twenty- four (24) hours, the Licensee Franchisee shall notify the Town LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

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SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town LFA of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the forgoing, Franchisee may perform modifications, repairs and upgrades to the System between 12.01 a.m. and 6 a.m. which may interrupt service, and this Section’s notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual subscriber notice. C. Licensee Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town LFA of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection E E. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee shall notify the Town of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly billxxxx. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning cable services provided to Town facilities, Licensee shall Respond to all inquiries from the Town within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee shall notify the Town in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town LFA of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town LFA and each affected Subscriber in the Service Area have been given fifteen (15) days days’ prior notice of the proposed Significant Outage. C. Licensee Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town LFA of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection E of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s option, the above measurements and reporting may be changed for calendar quarters to billing or accounting quarters. The Licensee shall notify the Town of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. At Franchisee’s option, the measurements above may be changed from calendar quarters to billing or accounting quarters. Franchisee shall notify LFA of such a change not less than thirty (30) days in advance. I. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee Franchisee provided such determination is non- non-discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. I. With respect to service issues concerning cable services provided to Town LFA facilities, Licensee Franchisee shall Respond to all inquiries from the Town LFA within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee Franchisee shall notify the Town LFA in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Cable Franchise Agreement

SERVICE INTERRUPTIONS AND OUTAGES. A. The Licensee Franchisee shall promptly notify the Town LFA in the manner identified in Section 14 of the Agreement of any Significant Outage of the Cable Service. B. The Licensee Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Licensee Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Town LFA and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. Notwithstanding the forgoing, Franchisee may perform modifications, repairs and upgrades to the Cable System between 12.01 a.m. and 6 a.m. which may interrupt service, and this Section's notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual subscriber notice. C. Licensee Franchisee representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, the Licensee Franchisee must Respond to a call from a Subscriber regarding a Service Interruption Interruptions or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving Subscriber subscriber calls respecting Service Interruptions in the Service Area. (2) The Licensee Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Town LFA of a Cable Service problem. E. Under Normal Operating Conditions, the Licensee Franchisee shall complete Service Calls within seventy-two (72) hours of the time Licensee Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption or circumstances that prevent Franchisee from correcting the Service Interruption within the seventy-two (72) hour period. F. The Licensee Franchisee shall meet the standard in Subsection E E. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. The Licensee shall provide the Town with a report upon request from the Town, but in no event more than once a quarter within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity shall be made available to the Town for review upon reasonable request. At the Licensee’s Franchisee's option, the above measurements and reporting above may be changed for from calendar quarters to billing or accounting quarters. The Licensee Franchisee shall notify the Town LFA of such a change at least thirty (30) days in advanceadvance of any implementation. H. G. Under Normal Operating Conditions, the Licensee Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of twenty-four (244) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Licensee Franchisee to verify the problem if requested by the LicenseeFranchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. I. H. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Licensee Franchisee shall issue an automatic a credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Licensee Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage. J. With respect to service issues concerning cable services provided to Town facilities, Licensee shall Respond to all inquiries from the Town within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Licensee shall notify the Town in writing as to the reason(s) for the delay and provide an estimated time of repair. K. Licensee may provide all notices identified in this Section electronically or on- screen.

Appears in 1 contract

Samples: Franchise Agreement

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