(a)   Response to customers and cooperation with . Grantee shall promptly respond to all requests for service, repair, installation and information from subscribers. Grantee acknowledges the ’s interest in the prompt resolution of all cable complaints and shall work in close cooperation with the 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 by a or a who has requested ; a 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 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)    / terminal equipment policy;
      (7)   How complaints are handled including grantee’s procedure for investigation and resolution of complaints; and
      (8)   The name, address, and phone number of the identified by the as responsible for handling cable questions and complaints for the . This information shall be prominently displayed and grantee shall submit the information to the for review and approval as to its content and placement on billing statements. A copy of the written information shall be provided to each at the time of initial and any subsequent reconnection.
   (d)   Reporting complaints.
      (1)   The requirements of this § 20.49 shall be subject to federal law regarding privacy. Grantee shall maintain all data available for inspection. data shall include the date, name, address, telephone number of 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 . The data shall be maintained in a way that allows for simplified access of the data by the .
      (2)   Subject to federal law and upon reasonable request by the , grantee shall, within a reasonable amount of time, provide with such data for its review.
   (e)   Customer service standards. The hereby adopts the customer service standards set forth in Part 76, § 76.309 of the ’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 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 and those set forth herein. To the extent that this franchise imposes requirements greater than those established by the , 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 or not more than four miles from the , for matters such as receiving 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 service and bill payment locations for the purpose of receiving payments or equipment returns. Unless otherwise requested by the , grantee shall deliver replacement equipment directly to the at no cost to the . 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 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 (such as grocery stores or the Western Union).
         (B)   Grantee will provide a service technician to any in the , free of charge to the , 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 ’s .
         (D)   In the event grantee provides to a minimum of 30% of the total number of subscribers in the served by cable operators franchised by the , the grantee shall then be required to also comply with the requirements of subsection (f) above.
   (g)    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 , seven a week.
         (A)   Trained grantee representatives will be available to respond to customer telephone inquiries during .
         (B)   After , the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after must be responded to by a trained grantee representative on the next business .
      (2)   Under , telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the 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 , 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 , 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 and will be conveniently located.
   (h)   Installations, outages and service calls. Under , 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 of a request by any in any location where the grantee is capable of providing . 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 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 . (Grantee may schedule service calls and other installation activities outside of 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 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 , whichever is earlier; or
         (B)   The return of the equipment supplied by grantee if is terminated.
      (2)   Credits. Credits for 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, and premium 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 within 30 .
   (k)    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 ;
      (5)    positions of programming carried on the system; and
      (6)   Billing and complaint procedures, including the address and telephone number of the ’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 . Subscribers will be notified of any changes in rates, programming services or positions as soon as possible in writing. Notice must be given to subscribers a minimum of 30 in advance of such changes if the change is within the control of grantee. In addition, grantee shall notify subscribers 30 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 positions, grantee shall give 30 written notice to both subscribers and the 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 ). When the change involves the addition or deletion of , each 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)    contracts. Grantee shall, upon written request, provide the with any standard form residential contract utilized by grantee. If no such written contract exists, grantee shall file with the a document completely and concisely stating the length and terms of the contract offered to customers. The length and terms of any standard form contract(s) shall be available for public inspection during . A list of grantee’s current rates and charges for shall be maintained on file with and shall be available for public inspection.
   (n)   Refund policy. If a is interrupted or discontinued, without cause, for 24 or more consecutive hours, grantee shall, upon request by the , credit such pro rata for such interruption. For this purpose, every month will be assumed to have 30 .
   (o)   Late fees. Grantee shall comply with all with respect to any assessment, charge, cost, fee or sum, however characterized, that grantee imposes upon a for late payment of a bill. The reserves the right to enforce grantee’s compliance with all 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 or the chief administrative officer’s designee, which may be a board or commission of the .
   (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 (47 U.S.C. § 542(c)).
   (r)   Failure to resolve complaints. Grantee shall resolve a complaint within 30 in a manner deemed reasonable by the as authorized under the terms of the franchise.
   (s)   Maintain a complaint phone line. Grantee shall maintain a local or toll-free telephone complaint line, available to its subscribers 24 hours per , seven a week.
   (t)   Notification of complaint procedure. Grantee shall have printed clearly and prominently on each bill and in the customer service agreement provided for in subsection (c) above, the 24 hour grantee phone number for 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 office or designated to handle complaints. Additionally, grantee shall state that complaints should be made to grantee prior to contacting the .
   (u)    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 may be transmitted from a terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the . The request for permission must be contained in a separate document with a prominent statement that the 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 . No penalty shall be invoked for a ’s failure to provide or renew such permission. The permission shall be revocable at any time by  without penalty of any kind whatsoever.
      (2)   No information or data obtained by monitoring transmission of a signal from a 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 subject of that information, unless grantee has received specific written permission from the to make such data available. The request for permission must be contained in a separate document with a prominent statement that the 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 . No penalty shall be invoked for a failure to provide or renew such permission. The permission shall be revocable at any time by the without penalty of any kind whatsoever.
      (3)   Written permission from the 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)