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allowed to say it will not fix the service problem, but the only solution is an upgrade. That happened to her on numerous occasions. She felt the ordinance should address that. Mr. Friedman asked how you would regulate or enforce that. Ms. Dennis had no problems with most of the agreement, but felt it was very difficult to monitor customer service violations. Mr. Pico felt that if the only way to get acceptable service was to upgrade, then the upgrade should be provided free of charge. Ms. Dennis read her suggested wording: "No sales of upgrades, amplifiers, or other equipment would be permitted in response to service requests. If the grantee cannot restore service levels without the upgrade, then the upgrade should be provided free of charge." Mr. Friedman said federal law preempts regulation of rates in a certain way. One of the benefits of federal regulations dealing with customer service standards is that cities can adopt customer service standards beyond what is set forth in federal standards. If these standards don't work as anticipated, the city has the fight to revisit this unilaterally. That is in the ordinance at the bottom of page 27. We may want to see how these work before making changes. Mr. Fialho suggested that we see how this works for the first year and then come back with a summary of how the new customer service standards worked for the community. Ms. Dennis also asked about page 42 which referred to a computer stored record of service calls, interruptions or degradation of service for the previous two years provided that such complaints result in a service call subject to the subscribers fight of privacy. She believed that the service calls she made asking for retransmission of the signal did not count, because there was no service call. Many service problems do not require a truck to come out. She asked them to keep records of calls solved from the central transmitting location as well. Ms. Ayala suggested continuing this item for further staff discussion of Ms. Dennis' suggestions. Ms. Dennis also had concerns about auditing of customer service. The City should have access to the number of subscribers who call with problems two times in a thirty-day period. The City shouldn't have to submit a request in writing and wait thirty days. Mr. Friedman said that is on page 43, section 13.1.B. Pleasanton City Council 28 03/20/01 Minutes