ARTICLE III. - CONSUMER PROTECTION STANDARDS

Transition period. To provide franchisees a reasonable opportunity to make necessary changes to their operations, the consumer protection standards contained within this article will be enforced beginning 90 days after the effective date of this article.

(b)

General applicability. A franchisee shall comply with the consumer protection standards contained in this article during normal operating conditions. "Normal operating conditions" means those service conditions that are within the control of the franchisee. Those conditions that are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak and seasonal demand periods, and maintenance or upgrade of the cable system. Each franchisee shall at all times satisfy any additional or stricter requirements established by applicable law including, without limitation, FCC customer service standards and consumer protection laws.

(c)

Application to open video systems. To the extent consistent with applicable law, the consumer protection standards contained in this article shall apply to open video systems. A franchisee providing cable service via an open video system, or a cable franchisee that enters into an agreement to comply with the consumer protection standards applicable to cable systems may be certified by the county as "consumer friendly" if the county determines that the franchisee is complying with the requirements contained herein. The county may revoke the certification for failure to comply with the standards, or if the county is unable to determine whether the franchisee is in compliance.

(d)

Maintenance generally. A franchisee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities.

(e)

Customer issues received by the county and referred to a franchisee. A franchisee shall maintain designated representatives responsible for resolving customer issues received by the county from residents. Upon the county's request, a franchisee shall provide the county with current direct telephone numbers, direct facsimile numbers and email addresses of representatives and their supervisors designated to resolve customer issues received by the county for referral to the franchisee. A franchisee shall provide the county with current direct contact telephone numbers, facsimile numbers, and email addresses for the general manager or equivalent employee with responsibility for operations within the county and for management level personnel with responsibility for customer installation, repair, and billing. During normal business hours, such telephone numbers shall generally be answered by a live person capable of resolving customer issues referred by the county. A franchisee shall respond to customer issues referred by the county the next business day, and shall notify the county of the resolution or of its efforts to resolve the customer issue within five business days. The county may develop a form for use by a franchisee in responding to customer issues referred by the county to a franchisee. The county may fine a franchisee for violation of this section $100.00 for each violation with each day of continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-28. - Business office.

A franchisee shall maintain at least one conveniently located business office and service center within county limits or an incorporated municipality within the county, under the name in which it does business within the county. Consumers may make payments, obtain information, return, pick up and exchange equipment, or conduct other business regarding cable service at the business office. This business office shall be open at minimum eight hours per day, Monday through Friday, and at least some weekend and/or evening hours. The county may waive temporarily a franchisee's obligation to have an office within the county if franchisee provides other methods for providing convenient services to its customers. The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-29. - Toll-free telephone number.

(a)

The franchisee (or an affiliate), shall maintain a listed, toll-free telephone number under the business name familiar to consumers and employ a sufficient number of telephone lines, personnel, and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the franchisee on a full-time basis, 24 hours per day, seven days per week, including holidays. Knowledgeable, qualified franchisee representatives will be available to respond to customer telephone inquiries during normal business hours.

(b)

Telephone answering time standards. The franchisee shall answer all customer service and repair telephone calls made under normal operating conditions within 30 seconds, including wait time and within an additional 30 seconds to transfer the call. Customers shall receive a busy signal less than three percent of the time. These standards shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis. If a franchisee fails to meet these standards on a quarterly basis, the county may require the franchisee to track the telephone answer time standards on a daily basis, following the end of the quarter for which the franchisee fails to satisfy these standards. The county may require that a franchisee supply monthly data measuring its compliance with the standards set forth herein for the year preceding the county's request.

(c)

Violation. If a franchisee violates the telephone answering standards contained herein for two consecutive quarters, the county may require the franchisee to provide the county with a plan to correct the problem, including, if necessary, steps to insure that franchisee's communications system is properly trunked and staffed to meet the requirements of this article using generally accepted telephonic engineering standards.

In addition to other remedies contained herein, the county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-30. - Installation and service standards.

(a)

A franchisee shall employ and maintain sufficient qualified personnel and equipment to be available:

(1)

To accept payments and exchange or accept equipment.

(2)

To receive subscriber complaints or requests for service or repairs on a full-time basis, 24 hours per day, seven days per week.

(3)

To initiate service installations, undertake normal repairs, and initiate action with respect to any subscriber service complaint by the next business day.

(4)

To enable a technician to respond to service calls 24 hours per day, seven days a week including holidays when more than 50 subscribers served from the same active electronic device, such as an amplifier or node, call with a complaint.

(b)

The franchisee must meet each of the following standards no less than ninety-five percent of the time under normal operating conditions as measured on a quarterly basis:

(1)

Standard installation work shall be performed within seven calendar days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven calendar day period. "Standard" installations are up to 125 feet from the existing distribution system.

(2)

Excluding conditions beyond the control of the franchisee, the franchisee will respond to service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The franchisee shall begin actions to correct other service problems no later than the next business day after notification of the problems and shall use its best efforts to correct the problems within 72 hours thereafter.

(3)

The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be explained to customers and will be either a specific time, a four-hour or less block of time during normal business hours, or if requested by the subscriber, "all day."

(4)

The franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.

(c)

Delayed service. If at any time an installer or technician is running late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. At the county's request, subscribers who have experienced one (1) missed installation or service appointment due to the franchisee's fault shall receive installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit of not less than $20.00.

(d)

Services to persons with disabilities. With regard to subscribers with disabilities, upon subscriber request, a franchisee will comply with any requirements regarding customer service under the Americans with Disability Act.

(e)

The county may fine a franchisee for violation of this section $250.00 for each violation with each day of continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-31. - Disconnection and downgrades.

(a)

Voluntary termination.

(1)

A subscriber may terminate or downgrade service at any time. A franchisee will disconnect from the franchisee's cable system or downgrade any subscriber who so requests within seven (7) business days. No charges for service may be made after the subscriber requests disconnection or downgrade. No period of notice before voluntary termination or downgrade of cable service may be required of subscribers. There will be no charge for disconnection, except as permitted by applicable law, and any downgrade charges will conform to applicable law. This section does not apply to promotional, bulk, or other contracts where a subscriber has entered into a contract for service for a set time period.

(2)

Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service will be returned to the subscriber within 45 days from the date disconnection or downgrade was requested except in cases where the subscriber does not permit the franchisee to recover its equipment, in which case the amounts owed will be paid to subscribers within 45 days of the date the equipment was recovered.

(3)

A subscriber that requests to terminate a promotional offer or requests to return to the prior level of service after the promotion ends, shall be able to do so without paying any additional charges or being required to obtain additional equipment at the subscriber's cost beyond that generally paid by subscribers to such level of service to the extent such level of service is still available.

(b)

Involuntary disconnection.

(1)

A franchisee may disconnect a subscriber's service for non-payment if:

The subscriber is delinquent in payment for cable service;

A written notice of impending disconnection has been sent to the subscriber after the due date of the bill, and at least ten days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice must identify the name and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the franchisee who can provide additional information concerning and handle Complaints or initiate an investigation concerning the services and charges in question;

The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection, which must be at least 35 days after the due date of the subscriber's monthly bill or other charge; and

No pending inquiry exists regarding the bill that the subscriber has failed to pay to which franchisee has not responded in writing, if the subscriber inquiry was in writing, or via telephone or in writing if the subscriber inquiry was via telephone.

(2)

Service may only be disconnected on days in which the subscriber can reach a representative of the franchisee either in person or by telephone to make a payment on the account or the subscriber has had other reasonable opportunities to make a payment.

(3)

After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee will reinstate service within seven business days, except as otherwise provided in this article below.

(c)

Immediate disconnection. A franchisee may immediately disconnect a subscriber if:

(1)

The subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the franchisee's cable system;

(2)

The subscriber is not authorized to receive service and is receiving and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or

(3)

Subscriber-installed or attached equipment is resulting in signal leakage in violation of FCC rules.

(d)

Other disconnection. Nothing in this article shall be construed to prevent the franchisee from removing its property from a subscriber's premises upon the termination of service consistent with FCC rules and any other applicable law. At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises within 30 calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. Notwithstanding anything to the contrary, a franchisee shall comply with all FCC rules as now or hereafter may be amended with respect to subscribers' rights and interests including, but not limited to, right to purchase and determination of ownership of cable wiring and equipment.

(e)

Fines. The county may fine a franchisee for violation of this section $250.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-32. - Service interruptions.

(a)

Intentional. The franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. The franchisee shall use its best efforts to ensure that such interruptions shall occur during the least inconvenient times for subscribers that shall be the period between 1:00 a.m. and 6:00 a.m., if practicable. The franchisee shall maintain and make available to the county upon request a written log for all intentional service interruptions.

(b)

Notification to county. The franchisee shall notify the county immediately if a service interruption is major, i.e. affects 500 or more subscribers for a time period greater than three hours. The county may establish procedures for such notification after normal business hours. The county may fine a franchisee for violation of this section $100.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-33. - Franchisee identification.

(a)

Employee badges. The franchisee shall cause all its field employees and field contract workers who require access to subscriber premises to wear a picture identification badge indicating that they work for the franchisee. This badge shall be clearly visible to the public. Upon request, employees must provide a supervisor's name and telephone number for members of the public to contact.

(b)

All company vehicles shall prominently display the name under which the franchisee is doing business, and logo, if any, in a manner clearly visible to the public. Contractor vehicles shall prominently display the contractor name, and if required by applicable law, contractor license number. There must be a listed local telephone number for the franchisee.

(c)

When any work is performed by or on behalf of the franchisee in the public rights-of-way where the work involves cutting or trenching, or requires more than one hour to perform, each franchisee will post a sign that prominently displays the name under which the franchisee is doing business in the county, and franchisee's telephone number to allow franchisee to respond to calls regarding construction or the name and telephone number of the franchisee's contractor.

(d)

The county may fine a franchisee for violation of this section a maximum of $250.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-34. - Complaint procedures.

(a)

A franchisee shall develop procedures for the investigation and resolution of all subscriber or county resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be explained upon request to the county. A subscriber or county resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the county, which will investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. The county shall consider a franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner in connection with the franchisee's renewal application to the extent not inconsistent with applicable law. The franchisee shall maintain records of all service complaints requiring a service call not resolved within three days of receipt and the measures taken to resolve them. Upon the county's request, the franchisee will advise the county of the number of such service complaints and shall provide such records within two business days of the county's request.

(b)

A subscriber or other person with a claim in law or equity against a franchisee may also file an appropriate action in a court of competent jurisdiction. A franchisee's policies and procedures with respect to customers' complaints shall not have the effect of prohibiting a subscriber or other person from pursuing any claim for relief in law or equity in a court of competent jurisdiction. The county's Code including this article, state, and applicable federal law shall govern a franchisee's customer service policies and procedures. Nothing herein shall prohibit a franchisee from defending to the full extent allowed by applicable law any claim brought by any person.

(c)

The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-35. - Communications with customers, bills, and refunds.

The franchisee shall abide by the following requirements governing communications with customers, bills, and refunds:

(1)

Each franchisee shall provide to subscribers written information about each of the following at the time of installation, at least once annually, and thereafter at any future time upon request of a subscriber:

How to use the cable service;

Installation and service maintenance policies;

The products and services offered;

Prices and service options;

Channel positions of programming carried on the system;

Franchisee's procedures for the receipt and resolution of complaints;

Franchisee's address and telephone number to which complaints may be reported, and the hours of operation;

The availability of a parental control device and the conditions and costs to obtain such devices;

Franchisee's information collection and disclosure policies for the protection of subscribers' privacy as required by federal law.

(2)

The franchisee shall include the telephone number and address of the county's office designated to handle cable television complaints and inquiries on subscribers' bills. At the request of the county, a franchisee shall provide notice on its cable system or written notice to all subscribers of any county meeting regarding the franchisee's renewal, transfer, or modification of its franchise. The county shall make such a request in writing, no less than 60 days prior to the mailing of any billing by the franchisee. Said notices shall be made at the franchisee's expense and said expense shall not be considered part of the franchise fee assessed pursuant to this article and shall not be regarded as a franchise fee, as the term is defined in §622 of the cable Act, 47 U.S.C. § 542.

(3)

Franchisee's bills to subscribers will be clear, concise, and understandable. Bills must be fully itemized consistent with FCC regulations.

(4)

Refund checks will be issued promptly, but no later than the earlier of 30 days or the subscriber's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the franchisee if service is terminated.

(5)

Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.

(6)

A franchisee shall provide subscribers and the county with at least 30 days advance written notice of any changes in rates, charges, channel lineup, change in subscriber procedures and policies that affect rates or charges, or initiations or discontinuations or changes of service or services offered over the cable system within the control of the franchisee. Notice to subscribers and the county of such changes not within the control of the franchisee shall be provided as quickly as practicable.

(7)

Service credits for outages.

A franchisee shall credit a subscriber's account at a minimum the proportionate monthly charge for service upon request if a subscriber is without service or if service is substantially impaired for any reason for a minimum of four hours. Service interruption includes the loss of picture or sound on one or more channels or, to the extent not inconsistent with applicable law, the loss of cable modem internet service provided by a franchisee.

A subscriber shall be deemed to have requested a credit if the subscriber requests a credit or complains about a service interruption within 30 days of the outage.

(8)

Billing.

The franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit.

The franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

The franchisee's billing statement must show a specific due date not earlier than ten days after the date the statement is mailed or ten days after the beginning of the service period. If the franchisee charges a late fee or administrative fee, the bill must show the date after which such fees will be imposed and the amount. Any balance not received within 25 days after the due date may be assessed an administrative charge as a late fee. Any administrative charge imposed as a "late fee" must be reasonable and consistent with applicable law. The county may require the franchisee to demonstrate the reasonableness of any late fee charged to subscribers in excess of $5.00 per billing period (adjusted for changes in CPI since the effective date of this article).

Any administrative charge applied to unpaid bills shall be subject to regulation by the county consistent with applicable law.

Subscribers shall not be charged an administrative fee or a late fee, or be otherwise penalized for any failure by the franchisee, its employees, or contractors, to bill the subscriber timely and correctly or to credit properly the subscriber for a payment timely made.

In the event of a billing dispute, the franchisee may not charge a late fee while the dispute is pending.

(9)

The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-36. - Alteration of service.

(a)

A franchisee shall comply with applicable law regarding re-tiering, restructuring a tier, or other alteration of service, including providing notice thereof to subscribers.

(b)

Negative option prohibited. Except as provided herein or under applicable law, no charge may be made for any service or product which the subscriber has not requested affirmatively by name, in a manner separate and apart from payment of the regular monthly bill, that the subscriber wishes to receive. A subscriber's request may be made orally or in writing, but it is the franchisee's burden to show that an affirmative request was made.

(c)

Within seven days of a subscriber's request, a franchisee shall fully block or scramble any channel that is not included within the services purchased by the subscriber so as to prevent signal bleed, at no cost to the subscriber.

(d)

The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-37. - Duty of franchisee to maintain adequate staff and equipment.

(a)

Adequate staff. The failure of the franchisee to hire sufficient staff or to train properly its staff will not justify a franchisee's failure to comply with any provision hereof.

(b)

Adequate equipment. Franchisee must have sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and the trained and skilled personnel required so that franchisee complies with each and every requirement of applicable law, including applicable customer service requirements, technical standards, maintenance standards and requirements for responding to outages. This includes the facilities, equipment and staff required to:

(1)

Properly test the system and conduct an ongoing and active program of preventive maintenance and quality control; and

(2)

Be able to quickly respond to customer complaints and resolve problems.

(c)

Measurement. The franchisee must install and maintain equipment necessary to measure its performance with applicable consumer protection standards set forth herein; except that franchisee may obtain relief temporarily from this requirement if it shows that:

(1)

It has a high level of subscriber satisfaction;

(2)

There are alternative, adequate ways to review its performance; or

(3)

For other good cause shown.

(d)

Trained staff. Knowledgeable, qualified representatives shall be available to respond to customer telephone inquiries.

(e)

Meeting standards. The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-38. - Subscriber privacy.

A franchisee shall at all times protect the privacy of all subscribers to the full extent required by § 631 of the cable act, 47 U.S.C. § 551, and applicable law. The franchisee shall comply with all applicable law regarding collecting, storing and disseminating of individual subscriber information. Unless otherwise permitted by applicable law, a franchisee shall not sell or otherwise make available for commercial purposes the names, addresses, telephone numbers of any subscriber, or any information that identifies the individual viewing habits of the subscriber without the involved subscriber's written consent. The county may fine a franchisee for violation of this section $500.00 per violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-39. - Discrimination prohibited.

(a)

A franchisee operating a cable system or OVS shall not deny service nor unlawfully discriminate in its rates or charges or in the availability of the service or facilities of its system, or in any other respect, or make or grant unlawful preferences or advantages to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject any such persons or group of persons to any undue prejudice or any disadvantage. A franchisee shall not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, sexual orientation, handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged, or handicapped that are applied in a uniform and consistent manner. A franchisee may also offer promotional discounts to subscribers and bulk discounts to multiple dwelling buildings and property owners' associations to the extent such discounts are otherwise permissible by law.

(b)

Redlining prohibited. A franchisee shall not deny cable service, offer different services, or charge different rates to any potential subscribers because of the income of the residents of the local area in which such subscribers reside.

(c)

A franchisee shall not refuse to employ, nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions, or privileges of employment because of age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital status, or political affiliation. The franchisee shall comply with applicable law governing equal employment opportunities, as the same may be from time to time amended.

(d)

The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-40. - Continuation of service mandatory.

(a)

It is the right of all subscribers obtaining cable service legally to receive all available services requested from the franchisee as long as their financial and other obligations to the franchisee are satisfied.

(b)

In the event of a termination of a franchise for whatever reason, the franchisee, if capable, shall ensure that all subscribers receive continuous, uninterrupted service. The franchisee shall cooperate with the county to continue the operation of the system for a period following termination as necessary to maintain continuity of service to all subscribers. The period shall not exceed six months without the franchisee's written consent. During such period, the cable system shall be operated under such terms and conditions as the county and the franchisee may agree, or the terms and conditions of its franchise that will maintain, to the extent possible, the same level of service to subscribers and that will provide reasonable compensation to the cable operator.

(c)

In the event a franchisee fails to operate the system for seven consecutive days without prior approval of the county or without just cause, the county may, at its option, operate the system or designate another person to operate the system until such time as the franchisee restores service under conditions acceptable to the county or until a permanent new franchisee is selected. If the county is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the county for all costs or damages resulting from the franchisee's failure to perform that are in excess of the revenues from the system received by the county. Additionally, the franchisee will cooperate with the county to allow county employees and/or county agents access to the franchisees' facilities and premises for purposes of continuing system operations as described herein. The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-41. - Rates.

(a)

Nothing in this article shall prohibit the county from regulating rates for cable services to the full extent permitted by applicable law.

(b)

Any rate or charge established for cable service, equipment, repair, and installation shall comply with applicable law. Upon written request from the county or its agent, the franchisee shall provide all requested data, records, and documentation to show the compliance of the rates with applicable law. Where such information is designated proprietary and confidential, it shall not be copied or removed or otherwise subject to public inspection, to the extent the county is permitted to protect such information from public inspection under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-42. - Exclusive contracts.

A franchisee shall not require a subscriber, property owner, or property manager to enter into an exclusive contract as a condition of obtaining or continuing cable service. Notwithstanding this section, a franchisee may enter into an exclusive contract with a subscriber, property owner, or property manager, provided such contract is mutually desired and not prohibited under applicable law. The county may fine a franchisee for violation of this section $250 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-43. - Certification of compliance.

Upon the county's request, a franchisee shall certify in writing to the county within 45 days of the county's request, based upon internal due diligence by the franchisee and to the best of the franchisee's knowledge, it is in substantial compliance with the consumer protection standards set forth in this article. At the request of the county, the franchisee shall submit such documentation as may be required to demonstrate the franchisee's compliance with this article. This documentation shall be submitted within 45 days of the franchisee's receipt of the county's request. The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-44. - Administration of customer service standards.

(a)

County administrator authority. The county administrator or his or her designee (when used herein "county administrator" shall mean the county administrator or his or her designee) shall have the responsibility for the administration of the consumer protection standards contained in this article. Such responsibility shall include the resolution of all complaints against a franchisee regarding the quality of service, billing matters, equipment malfunctions, and all other customer matters. The county administrator's authority includes the authority to issue administrative orders for fines. The county administrator may settle or compromise any controversy arising from operations of the franchisee, either on behalf of the county, the franchisee, or any subscriber, in accordance with the best interests of the public.

(b)

Notice of decision. Any administrative decision made by the county administrator shall be provided to the franchisee in writing. The franchisee shall have 15 business days from receipt of such written decision to respond in writing to such decision, or such decision shall become a final administrative decision.

(c)

Authority to require service. In cases where requests for service have been ignored or where the service provided is unsatisfactory for any reason, the county administrator shall have the power to require the franchisee to provide service if such request for service is not inconsistent with the requirements of a franchise.

(d)

Appeal of county administrator's decision. Any person aggrieved by an administrative decision of the county administrator, including the franchisee, may appeal the matter to the board of county commisioners. The aggrieved person shall have 30 days from receiving the written administrative decision of the county administrator to file a written appeal to the board of county commisioners. No fine, interest or late charge shall accrue while such appeal is pending. The board of county commisioners may accept, reject, or modify the decision of the county administrator, based upon a review of the information provided at a public hearing at which the aggrieved person has the right to be heard. No adjustment, settlement, or compromise, whether instituted by the county administrator or by the board of county commisioners, shall be contrary to the provisions of this article or any franchise agreement issued pursuant to this article, and neither the county administrator nor the board of county commisioners, in the adjustment, settlement, or compromise of any controversy, shall have the right or authority to add to, modify, or delete any provision of this article or of the franchise agreement, or to interfere with any rights of subscribers or any franchisee under applicable law or private contract. Any person aggrieved by a decision of the board of county commisioners, including a franchisee or a subscriber, may appeal the matter to a court of competent jurisdiction within the county, the state or United States District Court for the Middle District of Florida. In addition, nothing herein shall prohibit a person from pursuing any claim for relief against a franchisee in a court of competent jurisdiction and the remedies available to a subscriber herein are in addition to any other remedies, at law or equity, a subscriber may have.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-45. - Enforcement of consumer protection standards.

Nothing herein shall prevent the county from taking action to protect the health, safety or welfare of the public or to prevent imminent danger of damage to property. Enforcement of the consumer protection standards contained herein shall be governed by the following:

(1)

Fines. In assessing fines against a franchisee, the county administrator shall be governed by the amount set forth in each section of the consumer protection standards. Fines are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation, or each occurrence of a violation constituting a separate violation, whichever is appropriate given the nature of the violation. Where a specific consumer protection provision does not contain a specific amount of a fine, the county administrator may assess a fine in the amount of $250.00 per violation.

(2)

Notice and opportunity to cure. Prior to assessing a fine, the county administrator shall provide the franchisee with a notice of violation that sets forth the county's intention to assess a refund and/or fine and contains a description of the alleged violation. Following receipt of such notice, the franchisee shall cure or commence to cure such violation within 30 days. Final cure of a violation or all reasonable action to do so shall prevent the assessment of fines. The franchisee shall have 15 business days from the date of receipt of the written notice to file a written response with the county administrator. The county and the franchisee shall make good faith reasonable efforts to resolve the dispute in question. A management level employee of the franchisee shall sign the franchisee's written response and all statements contained therein will be regarded as material representations to the county.

(3)

Prior to assessing a fine, the county administrator shall consider any justification or mitigating factor advanced in the franchisee's written response, including but not limited to rebates or credits to the subscriber or the franchisee's good faith efforts to cure the violation. The county administrator may, after consideration of the response of the franchisee, waive or reduce any proposed fine. In the case of a violation of this article or any franchise, the county administrator may not assess any fine if the franchisee has reasonably resolved the complaint or cured the violation or taken all reasonable steps to do so within 30 days. Such time period may be extended for good cause shown. If the county administrator determines ultimately to impose a fine, the fine shall begin to accrue on the first business day after the date the period to cure as provided by the county has terminated. Each day of a continuing violation shall constitute a separate violation for purposes of imposing fines. However, even if the county determines not to impose a fine, an affected subscriber may be entitled to a credit or refund as provided herein. It is the intent of the county to determine refunds and/or fines as a reasonable estimate of the damages suffered by the county and/or the subscribers.

(4)

Subsequent to the notice of proposed refund and/or fine to franchisee and consideration of the franchisee's response, if any, the county administrator may issue an assessment of refund or fine. The refund and/or fine shall be paid within 30 days of written notice to the franchisee. The county may enforce payment of the refund or fine in any court having jurisdiction, by drawing down any security fund submitted by the franchisee, or by any other means available under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)

Secs. 26-46, 26-47. - Reserved.