Any provider of cable television service in the City 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) The Provider shall maintain a local office, which shall be open during normal business hours at least nine (9) hours per weekday, or as similar businesses are open to the public to serve customers. The hours must include some evening hours at least one (1) night per week or on a weekend. This office shall accept payments, handle adjustments to Subscriber bills, and respond to installation, repair, and/or maintenance requests and other service calls. The 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) hours a day, seven (7) days a week basis. At least ninety percent (90%) of the time, the Provider shall connect a telephone caller to a live service representative staff member within 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; 11:00 a.m. to 10:00 p.m. on Sunday; and 10:00 a.m. to 8:00 p.m. on National Holidays with the exception of Thanksgiving, Christmas, New Years Day and July 4th, which shall be 10:00 a.m. to 6:00 p.m. The 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. A copy of the written log shall be provided for the Commissions review at said Commission’s local cable system allowing Subscribers to view a properly received cable picture. If a Provider provides digital cable television service, at least one (1) digital television of reasonably recent vintage shall display digital cable programming in the local office.
(2) A 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.
(3) A 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.
(4) Work on Subscriber requests for maintenance or repairs received Monday through Friday shall be initiated by the cable provider within twenty-four (24) hours after being notified of the problem.
(5) Work on subscriber requests for maintenance or repairs received on Saturdays, Sundays or holidays shall be commenced within twenty-four (24) hours of the request.
(6) Service calls for maintenance or repair shall be performed within an “Appointment Window” as defined herein at no charge or a charge approved by the City or the FCC. A Provider may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a provider representative is not able to keep the appointment as scheduled, the subscriber shall be contacted. The appointment shall be rescheduled, as necessary, at a time that is convenient for the subscriber.
(7) If a provider fails to correct a service problem (other than a service interruption that is governed by subsection (a)(8) and (9)) below within twenty-four (24) hours after the provider receives notification of a service problem, the provider shall credit one thirtieth (1/30) of the monthly charge or receives notification of a service problem, the 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 during which a subscriber is with reduced service. The Provider shall make the credit automatically without requiring subscriber request. The Provider shall, as a part of the complaint log to be provided pursuant to subsection (a)(1) hereof, inform the Commission, on a monthly basis, regarding the disposition of all credits provided by the Provider to subscribers pursuant to subsection (a)(9).
(8) A 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 the Provider is first notified of the service interruption, the Provider shall credit one sixth (1/6) of the monthly charge to all Subscribers affected by the service interruption 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, 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 rescission between the time cable service is requested and the time service is actually installed. All new installations, reconnects, service upgrades or downgrades shall be performed within three (3) business days of the date the order was placed by the Subscriber. 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 that is convenient to the Subscriber.
(2) Only those homes that require drops in excess of one hundred twenty-five (125) feet shall be required to pay for the Provider’s materials and time at the rate per foot for excess of one hundred twenty-five (125) feet. All other installations shall be at the advertised installation rate. For the purposes of this paragraph, the term “drop” shall mean the shortest lineal distance from the distribution line to the nearest point of the home.
(c) Subscriber Information. A provider shall provide the City and all new Subscribers and, at least once a year, existing Subscribers, with written Subscriber service information in conspicuous print, which shall include, but not be limited to, the following:
(1) The procedure for investigation and resolution of Subscriber service Complaints, including the name and telephone number of the secretary of the Cable Television Commission.
(2) Programming services, rates, and charges for all services, including public access charges.
(3) Billing practices as required by subsection (d) hereof;
(4) Service termination procedures;
(5) Change in service procedures;
(6) Refund and credit policy;
(7) Office hours;
(8) Converter/VCR/Digital hookup information and use instructions;
(9) Pay-per-view services, policies and charges; and
(10) Parental control devices.
(d) Subscriber Billing Practices.
(1) A Provider shall notify each of its Subscribers, through the written service information, of its billing practices. The service information shall describe the Providers’ billing practices including, but not limited to, the following: Frequency of billing to periods upon which billing is based, advanced 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 a billing dispute.
(2) A Provider shall notify all affected Subscribers not less than thirty (30) days prior to any change in the billing practices and such notice shall include a description of the changed practice.
(3) The Subscriber’s bill shall contain the following information presented in plain language and format and in conspicuous print:
A. Name and address of the 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. The 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) 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. A Provider shall not impose a late charge on a Subscriber unless a Subscriber is delinquent, the Provider 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 notice to pay the balance due.
B. The total late charge for delinquent bill should not exceed five percent (5%) 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 based upon actual bank charges plus five dollars ($5.00) handling fee.
(5) In the event a Provider provides bills, statements, invoices, or notice to Subscribers that separately itemize the portion or portions of the Provider’s charges that are attributed to any tax or fee, the City first shall review the itemization format. At a minimum, if a Provider itemizes any tax or fee on a Subscriber’s bill, the Provider shall itemize all of its taxes or fees in a like manner. In no event shall any such itemization by a Provider be inconsistent with applicable law.
(6) Service to Subscribers with delinquent accounts may be terminated only after the account is forty-five (45) or more days past due and the Subscriber has been given at least two (2) 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, which notice must be mailed at least seven (7) days prior to said date certain.
(e) Parental Control Option. A provider shall provide, free of charge, or for a charge recommended by the Commission and approved by Council, parental control devices to all Subscribers who wish to be able to delete any objectionable programming from the cable service entering the Subscriber’s home.
(f) Charges for Disconnection or Downgrading of Service.
(1) A 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 request total disconnection from the system; or
B. A Subscriber requests the downgrade within a thirty (30) day period following any rate increase relative to the service in question.
(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 the 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 Commission may make orders and assess monetary penalties against a Provider for violation of any of the customer service standards set forth herein. The order may require the Provider to undertake an activity that the Provider is required to undertake pursuant to these customer service standards and may assess a penalty not to exceed three hundred dollars ($300.00) per day for each day that the Provider fails to comply with the order.
(h) Rate Procedure for Basic Tier and Related Equipment.
(1) Services covered. All rates associated with equipment rental and installation service charges for basic cable service and any other cable programming service, as defined by the 1992 Cable Act and applicable FCC regulations, shall to the extent permissible be subject to regulation by the City in a manner provided by this section.
(2) Procedure for establishing initial rates and approving rate changes.
A. The City hereby adopts and shall follow the rules related to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, and Subpart N as they may be amended. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
B. Within thirty (30) days after receipt of a notice from the City of the City’s certification by the FCC to regulate rates, a Provider shall have thirty (30) days to respond with rate and benchmark information to justify its initial benchmark rate and any subsequent increases that took place leading to the standards for review adopted by the FCC. A rate consultant may be a person who has sufficient background and experience, in the sole opinion of the City, to properly evaluate and analyze rates and charges.
C. All costs for the review of initial rates or rate changes shall be paid by the Provider upon demand of the City, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by State or Federal Law. The cost shall include, but not be limited to, rate consultant, attorney’s fees and the reasonable value of services (as determined by the City) rendered by the City and/or City employees, agents, or representatives of the City.
(Ord. 9-04-0. Passed 2-23-04.)