A. Enforcement Of Customer Service Standards: This section shall be fully applicable except during periods when competition exists in the City. The City will stay and not enforce this section during periods when competition exists in the City; except, that the City may initiate enforcement of this section while competition exists in the event the City receives, in any thirty (30) day period, at least five (5) written complaints with respect to each competitor concerning similar customer service issues. In such case, the City Council may initiate enforcement of this section by adopting a resolution indicating the basis for initiating enforcement. (Ord. 2003-7, 4-7-2003)
B. Regulation Of Cable Service Rates:
1. The City may regulate rates for the provision of cable service to the extent allowed under Federal or State law(s).
2. Grantees must give the City and subscribers written notice of any change in a cable service rate or charge no less than thirty (30) days prior to the effective date of the change. (Ord. 2019-02, 1-7-2019)
C. Sales Procedures: A grantee may not exercise deceptive sales procedures when marketing any of its cable services within the City. Grantees may conduct marketing consistent with local ordinances and other applicable laws and regulations.
D. Telephone Inquiries And Complaints:
1. Grantees must maintain local, toll free or collect call telephone access lines which will be available to its subscribers twenty four (24) hours a day, seven (7) days a week.
2. During normal business hours, trained representatives of grantee must be available to respond to subscriber inquiries. Grantees must ensure that: a) an adequate number of trained company representatives will be available to respond to customer telephone inquiries during normal business hours; and b) after normal business hours, the access line will be answered by a trained company representative or a service or an automated response system such as an answering machine.
3. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.
E. Telephone Answer Time And Busy Signals:
1. Under normal operating conditions, telephone answer time by a customer representative, including wait time, must not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed thirty (30) seconds.
2. These standards must be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis. Under normal operating conditions, the customer must receive a busy signal less than three percent (3%) of the time.
F. Installation, Outage And Service Calls: Under normal operating conditions, each of the following standards will be met no less than ninety five percent (95%) of the time, measured on a quarterly basis:
1. Excluding conditions beyond the control of a grantee which prevent performance, grantees will begin working on service interruptions promptly, and in no event later than twenty four (24) hours after the interruption becomes known, and grantees must begin actions to correct other service problems the next business day after notification of the service problem and resolve such problems as soon as is reasonably possible.
2. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during normal business hours. Grantees may schedule service calls and other installation activities outside of normal business hours for the convenience of the customer.
3. A grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
4. If a representative of a grantee is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time during normal business hours which is convenient for the customer.
G. Complaint And Other Service Records:
1. Upon written request by the City, and subject to a grantee's obligation to maintain the privacy of certain information, grantees must prepare and maintain written records of all complaints received and the resolution of such complaints, including the date of such resolution.
2. Written complaint records must be on file at the office of a grantee. Upon written request by the City, grantees must provide the City with a written summary of such complaints and their resolution on a quarterly basis and in a form mutually agreeable to the City and grantee.
3. Upon written request by the City, grantees must provide detailed compliance reports on a quarterly basis with respect to the objectively measurable service standards required in this subsection. A grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards contained in this section unless a historical record of complaints indicates a failure to comply.
H. Subscriber Contracts: Grantees must provide to the City upon request any standard form subscriber contract utilized. If no such written contract exists, grantee must provide a document completely and concisely stating the length and terms of the subscriber contract offered to customers.
I. Video Programming: All franchises will identify the initial video channels to be provided by a grantee. In accordance with 47 USC section 544(b), prior City approval is required for any change in the broad categories of video programming provided. Individual programming decisions may be made in the discretion of a grantee.
J. Billing And Subscriber Communications:
1. A grantee must give the City and subscribers thirty (30) days' advance written notice of any changes in rates, programming services, or channel alignments.
2. Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within thirty (30) days. (Ord. 2003-7, 4-7-2003)
K. Refunds And Credits: (Rep. by Ord. 2019-02, 1-7-2019)
L. Local Office/Drop Box: (Rep. by Ord. 2019-02, 1-7-2019)
M. Additional Customer Service Requirements: The City may adopt additional or modified customer service requirements to address subscriber concerns or complaints. (Ord. 2003-7, 4-7-2003)