(A) Cable operator duties. A cable operator shall satisfy the customer service standards set forth in this chapter and any additional or stricter requirements established by regulations of the FCC or other applicable federal, state, or local law or regulation.
(B) Scope of chapter. This chapter does not prevent or prohibit:
(1) CCRC and a cable operator from agreeing to customer service requirements that exceed the standards set forth in this chapter;
(2) CCRC from enforcing, through the end of a franchise term, pre-existing customer service requirements that exceed the standards set forth in this chapter or are contained in current franchise agreements;
(3) CCRC or the franchisors from enacting or enforcing any lawful customer service or consumer protection laws or regulations; or
(4) The establishment or enforcement of any law or regulation by CCRC or the franchisors concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in this chapter, a franchise agreement, or federal or state law.
(C) Meeting standards specified by percentages of time. Where standards shall be met a certain percentage of the time, as specified herein, a cable operator shall adopt policies designed to meet those standards in all cases, and in no event shall intentionally violate the standards. However, the cable operator shall not be subject to penalties or liquidated damages if it unintentionally fails to meet the standards in particular cases, so long as the cable operator meets the standards the specified percentage of the time.
(D) Initial grace period. Other than for violations of §§ 111.34 and 111.35, a cable operator shall not be subject to penalties, liquidated damages, or other monetary sanctions for violations of the customer service standards set forth in this chapter that occur during the first six months after the operator first begins to provide cable service within the boundaries of the franchisors, unless such violations involve fraud or willful misconduct.
(2004 Code, § 93-12) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)