(A) General service standards.
(1) A cable operator shall render efficient cable service, make prompt repairs, and intentionally interrupt cable service on the cable system only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to fix the affected subscriber’s service problems, or as provided in division (A)(4) below, only after a minimum of 48 hours prior notice to subscribers and CCRC of the anticipated cable service interruption.
(2) A cable operator shall maintain sufficient staff and facilities to handle properly and adequately respond to cable system maintenance, requests for service, and complaints.
(3) A cable operator shall maintain a duty roster of qualified technicians to respond to complaints or malfunctions of the cable system at other than normal office hours.
(4) A cable operator need not give notice to subscribers for planned maintenance that does not require more than two hours interruption of cable service and that occurs between the hours of 12:00 midnight and 6:00 a.m.
(5) A cable operator shall begin working to restore service within two hours after it becomes aware of a service interruption affecting 5% or more of the subscribers within the boundaries of the franchisors.
(6) A cable operator shall maintain a written log, or the equivalent stored in computer memory and capable of access and reproduction on hard copy, of all cable service interruptions and requests for cable service.
(B) Appointments.
(1) The “appointment window” for installations and service calls shall be a specific time or, at maximum, a four-hour time block during normal business hours. A cable operator may also offer longer appointment windows so long as it offers the subscriber the specified four-hour time blocks as well.
(2) The cable operator shall offer a subscriber who requests service an appointment no more than seven calendar days from the date of the request. The subscriber may request a later date.
(3) A cable operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.
(4) A cable operator may not cancel an appointment with a subscriber after the close of business on the business day preceding the appointment.
(5) A cable operator may not require that a subscriber answer a telephone call or that the subscriber otherwise confirm availability before the cable operator commences an appointment. If a cable operator unsuccessfully attempts to contact the subscriber prior to arriving at the appointment, and then fails to keep the appointment, the cable operator’s failure to reach the subscriber shall not excuse it from keeping the appointment.
(6) If a cable operator’s representative is running late for an appointment with a subscriber and is not able to keep the appointment as scheduled, the subscriber shall be contacted. The appointment shall be rescheduled, as necessary, at a time convenient to the subscriber.
(C) Installation standards measured on a quarterly basis. Under normal operating conditions, each of the following standards shall be met by a cable operator no less than 95% of the time, measured on a quarterly basis.
(1) A cable operator shall complete a standard installation within seven business days after receipt of a request, excluding time required to obtain necessary permits, in all areas where trunk and feeder cable has been activated for cable service; provided, however, that if installation requires that fiber be terminated on the subscriber’s premises and such termination has not yet been installed, a cable operator shall have seven days to install such termination, and the seven-day period for installation of cable service shall commence only after such termination is installed or the seven-day period for such termination has elapsed, whichever occurs first.
(2) Excluding conditions beyond the control of the cable operator, the cable operator will begin working on a service interruption promptly and in no event later then 24 hours after the interruption becomes known. Work on other requests for service shall be commenced by the next business day after notification of the problem, and the work shall be completed within three business days from the date of the initial request. If for reasons beyond the cable operator’s control the work cannot be completed in the required time even with the exercise of all due diligence, the cable operator shall complete the work in the shortest time possible. A cable operator’s failure to hire sufficient staff or to train its staff properly does not justify a cable operator’s failure to comply with the required time period.
(D) Extension of service.
(1) A cable operator shall complete a nonstandard installation within six months, excluding time required to obtain necessary permits, but including any extension of the distribution system that may be required to complete such installation pursuant to the cable operator’s franchise agreement and applicable law.
(2) If a potential subscriber or CCRC requests an estimate of the cost of line extension to a location, a cable operator shall provide such a good faith estimate within 30 days from the date of such request.
(E) Response to a service request.
(1) A cable operator has responded to a request for service under the provisions of this section when a technician arrives at the service location and begins work on the problem or, if a technician’s presence at the service location is not necessary to diagnose and cure the problem, when the cable operator has begun work on the problem elsewhere.
(2) If a subscriber is not home when the technician arrives, response is considered to have taken place if the technician leaves written notification of the technician’s arrival.
(F) Charges for installation and service.
(1) Except as federal law may otherwise provide, a cable operator may not charge a subscriber any cost other than its standard installation rate for a standard installation of a single outlet, unless the cable operator demonstrates to CCRC’s satisfaction that extraordinary circumstances or a custom installation requested by the subscriber justify a higher charge.
(2) Except as federal law may otherwise provide, a cable operator may not charge a subscriber for a service call unless the service request can be demonstrated:
(a) Both to have been repeated and not to have been based on a problem originating with the cable system; or
(b) To involve subscriber negligence or misuse of equipment.
(G) Cable drops.
(1) Except as applicable law otherwise may require, if a drop exceeds the standard drop length, a cable operator may charge a subscriber for a cable operator’s actual costs of labor and materials associated with installing the drop beyond the standard drop length, if the drop length in excess of the standard drop length is necessary due to engineering requirements.
(2) The subscriber’s preference for the point of entry into the residence shall be observed whenever feasible.
(3) Runs in building interiors shall be as unobtrusive as possible.
(4) A cable operator shall use due care in the process of installation and shall repair any damage to the subscriber’s property caused by the installation. The restoration shall be undertaken as soon as possible after the damage was incurred and shall be completed within no more than 30 days after the damage is incurred, subject to reasonable landscaping limitations.
(H) Underground and above-ground installations.
(1) In locations where a cable operator’s system is underground, drops shall be placed underground as well.
(2) Except as federal law may otherwise require, in an area where a cable operator would be entitled to install a drop above ground, the cable operator, if requested by the homeowner, shall install the drop underground but may charge the homeowner the difference between the actual cost of labor and materials for the above-ground installation and the actual cost of labor and materials for the underground installation.
(2004 Code, § 93-14) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)