§ 13. Complaints, local office.

(a)

Company shall maintain an agent and local customer service office open during all normal business hours for complaint purposes and a 24-hour toll-free answering service which subscribers may call without incurring added message or toll charges so that prompt maintenance service shall be available. The service office shall be open 9:00 a.m. to 5:00 p.m. five (5) days a week, except for holidays.

(b)

Upon reasonable notice Company shall expeditiously investigate and resolve complaints regarding the quality of service, equipment malfunctions, and similar matters. Company shall maintain records of all reported complaints and action taken to respond thereto, and shall make such records available to City for inspection upon request.

(c)

Service personnel will be available until 8:00 p.m. Monday through Friday and on weekends to respond to out-of-service calls by subscribers. Response to all other types of customer complaints will be scheduled for the first business day following the complaint, provided the complaint was received by Company's customer service staff during normal business hours. In any event, Company shall endeavor to respond to all subscriber complaints within forty-eight (48) hours of the time the complaint is received.

(d)

Except where an emergency situation exists, Company may interrupt service for the purpose of repair or upgrading of the system only during periods of minimum use and only after forty-eight (48) hours minimum notice to subscribers.

(e)

The programming carried shall be determined by Company; provided, however, the City may suggest changes from time to time that it believes will better satisfy public needs in terms of broad categories of programming.

(f)

Company shall notify all subscribers if a change in program service is made, if channels are realigned, or additions or reductions in channels are made.

(g)

Company shall do a general survey every two years to determine customer's preferences and satisfaction with the cable system. City may participate in the design and preparation of the survey, provided, however, that Company may, at its option and cost, enlist the services of a national public opinion and market research firm to conduct a statistically valid survey, in which case Company shall give City the opportunity to have input on the design of the survey and will provide a report on the results of such survey.

(h)

On failure of Company to remedy a loss of cable service attributable to the Cable System within twenty-four (24) hours of receipt of notification of such loss, Company shall rebate one-thirtieth ( 1/30 ) of the regular monthly charge to each subscriber so affected and requesting a rebate, for each twenty-four (24) hours after receipt of notification until service is restored, unless such restoration is prevented by strike, injunction or other cause beyond the control of Company. Loss of service shall be considered as a failure to receive less than two-thirds ( 2/3 ) of the available channels or a loss of a premium service.

(i)

Company shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested by name. A subscriber's failure to refuse Company's proposal to provide such service or equipment shall not be deemed to be an affirmative request for such service or equipment.

(j)

Company shall notify City and give subscribers thirty (30) days notice prior to moving a programming service from one tier to another tier or placing new programming on the cable system.