Any Provider shall comply with the following customer service standards effective ninety (90) days after written notice of their adoption is given to the Provider:
(a) Subscriber Complaint Practices.
(1) Provider shall maintain an office within reasonable proximity of the City, which is believed to be within five (5) miles of City Hall, and which shall be open during Normal Business Hours at least nine (9) hours per weekday and four (4) hours on Saturdays. This office shall accept payments, handle adjustments to subscriber bills, respond to installation, repair, and/or maintenance requests and other service calls. Provider shall have a publicly-listed toll-free telephone number and be so operated as to receive subscriber complaints and requests on a twenty-four (24) hour-a-day, seven (7) days-a-week basis. At least ninety percent (90%) of the time, Provider shall connect subscriber calls to a live, trained service representative with a wait time that shall not exceed thirty (30) seconds during the following times: 7:00 a.m. to 11:00 p.m. on Monday through Friday; 8:00 a.m. to 11:00 p.m. on Saturday; and 11:00 a.m. to 10:00 p.m. on Sundays and 10:00 a.m. to 8:00 p.m. on National Holidays with the exception of Thanksgiving, Christmas, New Years Day and July 4, which shall be 10:00 a.m. to 6:00 p.m. Wait time for the transfer of subscriber calls, or putting subscribers on hold, also shall not exceed thirty (30) seconds. Provider shall maintain written or computer-generated records demonstrating, to the satisfaction of the City, its ability to meet the standards in this Section. A written log shall be maintained listing all complaints and their dispositions. An informative written summary of the log shall be prepared and provided to the Cable Television Commission at least five (5) days prior to the Commission's regular meetings. A copy of the complete written log shall be provided for the Commission's review at the Commission's regular meetings.
(2) Within Provider's local office, monitors of reasonably recent vintage shall display programming available on the local cable system allowing subscribers to view a properly received cable picture.
(3) Provider shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. A written log available for City inspection shall be maintained for all service interruptions.
(4) Provider shall maintain adequate telephone lines and trained personnel to respond in a timely manner to schedule service calls and answer subscriber complaints or inquiries as required by this Section.
(5) If a subscriber request for maintenance and/or repairs is received by Provider prior to 12:00 p.m., Monday through Friday, Provider shall commence the necessary maintenance and repairs on the same day. If a subscriber request for maintenance or repairs is received by Provider after 12:00 p.m., Monday through Friday, Provider shall commence the necessary maintenance and repairs within twenty-four (24) hours of the request. If a subscriber request for maintenance or repairs is received by Provider on a Saturday or a Sunday, Provider shall commence the necessary maintenance and repairs within twenty-four (24) hours of the request. If an appointment is required, Provider shall make such appointment pursuant to paragraph (6) of this Section at the earliest available time convenient to the Subscriber.
(6) Service calls for maintenance or repairs shall be performed within an "appointment window" as defined herein at no charge or a charge approved by the City or the FCC. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer shall be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the customer. Should a Provider's representative miss an appointment related to the cable television services or operation, or fail to provide the subscriber the advance notice of a cancellation required in this paragraph, the subscriber shall be entitled to a rebate of the monthly service charge or $20.00, whichever is greater, for the missed appointment, except where the delay is occasioned by an Act of God, strike, national emergency or any other circumstance beyond the control of the Provider.
(7) If Provider fails to correct a service problem [other than a service interruption which is governed by paragraphs (8) and (9) of this Section] within twenty-four (24) hours after Provider receives notification of a service problem, Provider shall credit one thirtieth (1/30) of the monthly charge for the affected tier or premium channel to the subscriber for each twenty-four (24) hours or fraction thereof after the first twenty four (24) hours during which a subscriber is with reduced service. The credit shall be made automatically by Provider without requiring subscriber request. Provider shall, as part of the complaint log to be provided pursuant to paragraph (1) of this Section, inform the Commission regarding the disposition of all credits provided by Grantee to subscribers pursuant to this paragraph (7).
(8) Provider shall respond within two (2) hours to all service interruption reports affecting at least one (1) channel for five percent (5%) or more of the system's subscribers.
(9) In the event any service interruption continues for more than twelve (12) hours after Provider is first notified of the service interruption, Provider shall credit to each subscriber affected by the service interruption one sixtieth (1/60) of the subscriber's monthly charge for each twelve (12) hours or fraction thereof after the first twelve (12) hours during which the subscriber is with reduced service.
(b) Installation.
(1) Subscribers who request installation or maintenance or repairs shall be given the schedule option of morning, afternoon, evening (during daylight hours) or Saturday appointments. Persons requesting installation of cable service shall be afforded a right of recision between the time cable service is requested and the time service is actually installed. All standard installations, reconnects, service upgrades or downgrades shall be performed within seven (7) business days of the date the order was placed by the subscriber. "Standard" customer installations are those located up to 125 feet from the existing distribution system.
(2) If a Provider representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber shall be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient to the customer. Should a Provider's representative miss an installation appointment, or fail to provide the subscriber the advance notice of a cancellation required in this paragraph, the subscriber shall be entitled to a rebate of the monthly service charge or $20.00, whichever is greater, for the missed appointment, except where the delay is occasioned by an Act of God, strike, national emergency or any other circumstance beyond the control of the Provider.
(3) If a customer requests a nonstandard customer installation, the Provider shall provide the customer in advance with a total installation cost estimate, not to be exceeded without the customer's written consent, and an estimated date of completion. All other installations shall be performed at the advertised installation rate.
(c) Subscriber Information. Provider shall provide to the City and all new subscribers and, at least once a year to existing subscribers, written subscriber service information in conspicuous print which shall include, but not be limited to, the following:
(1) Products and services offered, including a channel lineup;
(2) Prices and options for programming services and conditions of subscription to programming and other services;
(3) All applicable complaint procedures, including these customer service standards, and the name and telephone number of the secretary of the Cable Television Commission;
(4) Billing practices, including refund and credit policies, as required by Section (d) hereof;
(5) Instructions and information on the use of the cable TV service, converters, equipment compatibility and a standard VCR hookup;
(6) Information on the use and availability of parental control devices;
(7) Special services for customers with disabilities;
(8) Change in service and service termination procedures;
(9) Office location and hours;
(10) Customer privacy requirements.
(d) Subscriber Billing Practices.
(1) Provider shall notify each of its subscribers, through the written service information, of its billing practices. The service information shall describe Provider's billing practices including, but not limited to, the following: frequency of billing; time periods upon which billing is based; advance billing practices; security deposit requirements; charges for late payments or returned checks; payments required necessary to avoid account delinquency; availability of credits for service outages; procedures to be followed to request service deletions including the notice period a subscriber must give to avoid liability for such services; and procedures to be followed in the event of a billing dispute.
(2) Provider shall notify all affected subscribers not less than thirty (30) days prior to any change in rates, products, services or channel positions.
(3) The subscriber bill shall contain the following information presented in plain language and format and in conspicuous print:
A. Name and address of Provider;
B. The period of time over which each chargeable service is billed including prorated periods as a result of the establishment and termination of service;
C. Each rate or charge levied for programming services, equipment provided, and other services or items offered;
D. The amount of the bill for the current billing period, separate from any balance;
E. Provider's telephone number and a statement that the subscriber may call this number with any questions or complaints about the bill; and
F. The date on which payment is due from the subscriber.
(4) A subscriber payment made at any office designated by Provider to receive subscriber payments, shall be credited to the subscriber's account as follows:
A. If the payment is made prior to 2:00 p.m, it shall be credited on the same day as it is received at the designated office; and
B. If the payment is made after 2:00 p.m., it shall be credited by the following day.
(5) The account of a subscriber shall not be considered delinquent until at least thirty (30) days have elapsed from the due date of the bill, which shall be a date certain. The following provisions shall apply to the imposition of late charges on subscribers:
A. Provider shall not impose a late charge on a subscriber unless a subscriber is delinquent, Grantee has given the subscriber written notice of the delinquency in a clear and conspicuous manner, and the subscriber has been given at least eight (8) business days from the mailing of the first notice of delinquency to pay the balance due.
B. The total late charge for any delinquent bill should not exceed five (5%) percent of the amount of the delinquent bill.
C. No late charge may be assessed on the amount of a bill in dispute if found in favor of the subscriber.
D. Any charge for returned checks shall be reasonably related to the costs incurred by Grantee in processing such checks.
(6) Service to subscribers with delinquent accounts may be terminated only after the account is 45 or more days past due and the subscriber has been given at least two notices of delinquency and notice that service will be disconnected on or after a date certain if the account is not paid by a date certain.
(e) Parental Control Option. If commercially available, Provider shall provide to subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portion of any channels offered by Grantee.
(f) Charges for Disconnection or Downgradinq of Service.
(1) Provider may impose a charge reasonably related to the Provider's actual cost incurred for a downgrade of service, except that no such charge may be imposed when:
A. A subscriber requests total disconnection from the System; or
B. A subscriber requests the downgrade within a thirty (30) day period following any retiering of services or rate increases.
(2) If a subscriber requests disconnection from service prior to the effective date of an increase in rates, the subscriber shall not be charged the increased rate if Provider fails to disconnect service prior to the effective date. Any subscriber who has paid in advance for the next billing period and who requests disconnection from service shall receive a prorated refund of any amounts paid in advance.
(g) Orders and Penalties. The Cable Television Commission may make orders and assess monetary penalties against the Provider for violation of any of the Customer Service Standards set forth herein. The order may require the Provider to undertake an activity pursuant to these Customer Service Standards and may assess a penalty not to exceed $300.00 per day for each day that the Provider fails to comply with the order.
(Ord. 6965-97. Passed 9-15-97.)