Pursuant to the authority provided by Section 76.309(b)(3) and (4) of Title 47 CFR, Part 76, the City of Alliance hereby adopts the following additional Customer Service Standards: Cable operators may not scramble signals of any regulated tier unless and to the extent explicitly authorized by federal law or regulation. (Ord. 68-95. Passed 5-15-95.)
(a) In the event that federal law or regulation is adopted which explicitly authorizes the scrambling of signals of any regulated tier, cable operators choosing to scramble any regulated tier service must offer subscribers the following: An economically viable option of having installed a single “whole-house” descrambling device (the “alternative terminal”) such that:
(1) The single device will descramble all regulated channels simultaneously and serve all cable outlets on the subscriber’s premises, and
(2) The alternative terminal will not interfere with the subscriber’s ability to use his/her own equipment, including cable-ready televisions and associated remote control units, picture-in-a-picture features, and play-and-record VCR’s, and
(3) The cable operator shall educate subscribers regarding the choices available.
(b) Nothing in this code will preclude cable operators meeting the requirements of paragraph 1 above to the extent otherwise permitted by the rules of the FCC, from:
(1) Offering other devices, including devices that do not meet the requirements set forth above, for the marketing of additional premium channels and other interactive cable services but for which the consumer elects such device or devices, and/or
(2) Charging subscribers for the alternative terminal and for services as are reasonably required to install the alternative terminal in accordance with the standards established by the FCC. (Ord. 68-95. Passed 5-15-95.)
(a) It shall be deemed a violation of the Business Regulations Code for a cable operator to violate any of the customer service obligations promulgated by the Federal Communications Commission, or any amendments thereto.
(b) It shall be deemed a violation of the Business Regulations Code for a cable operator to scramble any regulated service tier unless it is explicitly authorized to do so by federal law or regulation.
(c) It shall be deemed a violation of the Business Regulations Code for a cable operator to scramble any regulated service tier under any of the following circumstances:
(1) Scramble any regulated tier while failing to offer subscribers a choice of the alternative terminal, or
(2) Evade or avoid the requirements of the Business Regulations Code by pricing the alternative terminal in a manner not in accordance with FCC regulations or imposing extraordinary procedures on subscribers wishing to choose the alternative terminal, or otherwise.
(d) Cable operators violating any provision of this code shall be subject to civil fines equal to $10.00 per affected subscriber per violation per month. Each month or part thereof shall constitute a separate violation.
(Ord. 68-95. Passed 5-15-95.)