§ 20.49 CUSTOMER SERVICE POLICIES.

   (a)   Response to customers and cooperation with city . Grantee shall promptly respond to all requests for service, repair, installation and information from subscribers. Grantee acknowledges the city’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the city to resolve complaints.

   (b)   Definition of “complaint.” For the purposes of this § 20.49, with the exception of subsection (e), a COMPLAINT shall mean any communication to grantee or to the city by a subscriber or a person who has requested cable service ; a person expressing dissatisfaction with any service, performance, or lack thereof, by grantee under the obligations of this franchise.

   (c)   Customer service agreement and written information. Grantee shall provide to subscribers a comprehensive service agreement and information in writing for use in establishing subscriber service. Written information shall, at a minimum, contain the following information:

      (1)   Services to be provided and rates for such services;

      (2)   Billing procedures;

      (3)   Service termination procedure;

      (4)   Change in service notifications;

      (5)   Liability specifications;

      (6)   Set top box / subscriber terminal equipment policy;

      (7)   How complaints are handled including grantee’s procedure for investigation and resolution of subscriber complaints; and

      (8)   The name, address, and phone number of the person identified by the city as responsible for handling cable questions and complaints for the city . This information shall be prominently displayed and grantee shall submit the information to the city for review and approval as to its content and placement on subscriber billing statements. A copy of the written information shall be provided to each subscriber at the time of initial connection and any subsequent reconnection.

   (d)   Reporting complaints.

      (1)   The requirements of this § 20.49 shall be subject to federal law regarding subscriber privacy. Grantee shall maintain all subscriber data available for city inspection. Subscriber data shall include the date, name, address, telephone number of subscriber complaints as well as the subject of the complaint, date and type of action taken to resolve the complaint, any additional action taken by grantee or the subscriber . The data shall be maintained in a way that allows for simplified access of the data by the city .

      (2)   Subject to federal law and upon reasonable request by the city , grantee shall, within a reasonable amount of time, provide city with such subscriber data for its review.

   (e)   Customer service standards. The city hereby adopts the customer service standards set forth in Part 76, § 76.309 of the FCC’s Rules and Regulations, as amended. Grantee shall, upon request, which request shall include the reason for the request (such as complaints received or other reasonable evidence of concern), provide city with information which shall describe in detail grantee’s compliance with each and every term and provision of this subsection (e). Grantee shall comply in all respects with the customer service requirements established by the FCC and those set forth herein. To the extent that this franchise imposes requirements greater than those established by the FCC, grantee reserves whatever rights it may have to recover the costs associated with compliance in any manner consistent with applicable law.

   (f)   Local office. During the term of the franchise the grantee shall comply with one of the following requirements:

      (1)   Grantee shall maintain one or more convenient local customer service and bill payment locations either within the city or not more than four miles from the city , for matters such as receiving subscriber payments, handling billing questions, equipment replacement and customer service information. Grantee shall comply with the standards and requirements for customer service set forth below during the term of this franchise.

      (2)   Grantee shall maintain convenient local subscriber service and bill payment locations for the purpose of receiving subscriber payments or equipment returns. Unless otherwise requested by the subscriber , grantee shall deliver replacement equipment directly to the subscriber at no cost to the subscriber . The grantee shall maintain a business office or offices for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, billings disputes and similar matters. The office must be reachable by a local, toll-free telephone call, and grantee shall provide the city with the name, address and telephone number of an office that will act as the grantee’s agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. At a minimum grantee shall also provide the following:

         (A)   Subscribers can remit payments at multiple third party commercial locations within the city (such as grocery stores or the Western Union).

         (B)   Grantee will provide a service technician to any qualified living unit in the city , free of charge to the subscriber , where necessary to install, replace or troubleshoot equipment issues.

         (C)   Subscribers shall be able to return and receive equipment, free of charge, via national overnight courier service (such as Fed Ex or UPS) if a service technician is not required to visit the subscriber ’s qualified living unit .

         (D)   In the event grantee provides cable service to a minimum of 30% of the total number of cable service subscribers in the city served by cable operators franchised by the city , the grantee shall then be required to also comply with the requirements of subsection (f) above.

   (g)   Cable system office hours and telephone availability.

      (1)   Grantee will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week.

         (A)   Trained grantee representatives will be available to respond to customer telephone inquiries during normal business hours.

         (B)   After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained grantee representative on the next business day.

      (2)   Under normal operating conditions , telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90% of the time under normal operating conditions , measured on a quarterly basis.

      (3)   Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.

      (4)   Under normal operating conditions , the customer will receive a busy signal less than 3% of the time.

      (5)   Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.

   (h)   Installations, outages and service calls. Under normal operating conditions , each of the following standards will be met no less than 95% of the time measured on a quarterly basis:

      (1)   Grantee shall provide standard installation of its cable services within seven days of a request by any person in any location where the grantee is capable of providing cable service . A request shall be deemed made on the date of signing a service agreement, receipt of funds by grantee or receipt by grantee of a verified verbal or written request. Grantee’s standard installation of its cable services is more specifically set forth in § 20.41(g).

      (2)   Excluding conditions beyond the control of grantee, grantee will begin working on “service interruptions” promptly and in no event later than 24 hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification of the service problem.

      (3)   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. (Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)

      (4)   Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

      (5)   If grantee’s representative 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 which is convenient for the customer.

   (i)   Communications between grantee and subscribers.

      (1)   Refunds. Refund checks will be issued promptly, but no later than either:

         (A)   The customer’s next billing cycle following resolution of the request or 30 days, whichever is earlier; or

         (B)   The return of the equipment supplied by grantee if cable service is terminated.

      (2)   Credits. Credits for cable service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.

   (j)   Billing.

      (1)   Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic cable service and premium cable service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

      (2)   In case of a billing dispute, grantee must respond to a written complaint from a subscriber within 30 days.

   (k)   Subscriber Information. Grantee will provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:

      (1)   Products and services offered;

      (2)   Prices and options for programming services and conditions of subscription to programming and other services;

      (3)   Installation and service maintenance policies;

      (4)   Instructions on how to use the cable service ;

      (5)   Channel positions of programming carried on the system; and

      (6)   Billing and complaint procedures, including the address and telephone number of the city ’s cable office.

      Subscribers shall be advised of the procedures for resolution of complaints about the quality of the television signal delivered by grantee, including the address of the responsible officer of the city . Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of grantee. In addition, grantee shall notify subscribers 30 days in advance of any significant changes in the information required by this subsection (k).

   (l)   Notice or rate programming change. In addition to the requirement of this subsection (l) regarding advance notification to subscribers of any changes in rates, programming services or channel positions, grantee shall give 30 days written notice to both subscribers and the city before implementing any rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of channels). When the change involves the addition or deletion of channels, each channel added or deleted must be separately identified. For purposes of the carriage of digital broadcast signals, grantee need only identify for subscribers, the television signal added and not whether that signal may be multiplexed during certain dayparts.

   (m)   Subscriber contracts. Grantee shall, upon written request, provide the city with any standard form residential subscriber contract utilized by grantee. If no such written contract exists, grantee shall file with the city a document completely and concisely stating the length and terms of the subscriber contract offered to customers. The length and terms of any standard form subscriber contract(s) shall be available for public inspection during normal business hours . A list of grantee’s current subscriber rates and charges for cable service shall be maintained on file with city and shall be available for public inspection.

   (n)   Refund policy. If a subscriber’s cable service is interrupted or discontinued, without cause, for 24 or more consecutive hours, grantee shall, upon request by the subscriber, credit such subscriber pro rata for such interruption. For this purpose, every month will be assumed to have 30 days .

   (o)   Late fees. Grantee shall comply with all applicable laws with respect to any assessment, charge, cost, fee or sum, however characterized, that grantee imposes upon a subscriber for late payment of a bill. The city reserves the right to enforce grantee’s compliance with all applicable laws to the maximum extent legally permissible.

   (p)   Disputes. All subscribers and members of the general public may direct complaints, regarding grantee’s service or performance to the chief administrative officer of the city or the chief administrative officer’s designee, which may be a board or commission of the city .

   (q)   Customer bills. Customer bills shall be designed in such a way as to present the information contained therein clearly and comprehensibly to customers, and in a way that (A) is not misleading and (B) does not omit material information. Notwithstanding anything to the contrary in subsection (j), above, grantee may, in its sole discretion, consolidate costs on customer bills as may otherwise be permitted by § 622(c) of the Cable Act (47 U.S.C. § 542(c)).

   (r)   Failure to resolve complaints. Grantee shall resolve a complaint within 30 days in a manner deemed reasonable by the city as authorized under the terms of the franchise.

   (s)   Maintain a complaint phone line. Grantee shall maintain a local or toll-free telephone subscriber complaint line, available to its subscribers 24 hours per day , seven days a week.

   (t)   Notification of complaint procedure. Grantee shall have printed clearly and prominently on each subscriber bill and in the customer service agreement provided for in subsection (c) above, the 24 hour grantee phone number for subscriber complaints. Additionally, grantee shall provide information to customers concerning the procedures to follow when they are unsatisfied with measures taken by grantee to remedy their complaint. This information will include the phone number of the city office or person designated to handle complaints. Additionally, grantee shall state that complaints should be made to grantee prior to contacting the city .

   (u)   Subscriber privacy.

      (1)   To the extent required by M.S. § 238.084 subd. 1(s), as it may be amended from time to time, grantee shall comply with the following: No signals including signals of a class IV channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber . The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one year which may be renewed at the option of the subscriber . No penalty shall be invoked for a subscriber ’s failure to provide or renew such permission. The permission shall be revocable at any time by subscriber without penalty of any kind whatsoever.

      (2)   No information or data obtained by monitoring transmission of a signal from a subscriber terminal, including but not limited to lists of the names and addresses of subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to grantee or its agents for grantee’s business use, and also to the subscriber subject of that information, unless grantee has received specific written permission from the subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one year which may be renewed at the option of the subscriber . No penalty shall be invoked for a subscriber failure to provide or renew such permission. The permission shall be revocable at any time by the subscriber without penalty of any kind whatsoever.

      (3)   Written permission from the subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subsection (u)(2) of this section.

   (v)   Grantee identification. Grantee shall provide all customer service technicians and all other grantee employees entering private property with appropriate picture identification so that grantee employees may be easily identified by the property owners and subscribers.

(Ord. 2015-36, passed 11-16-2015)