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A. Definitions: For purposes of this Section, the following terms, phrases, words and their derivations shall have the meanings given below:
NORMAL BUSINESS HOURS: Those hours during which most similar businesses in the community are open to serve customers. In all cases, normal business hours must include some evening hours at least one night per week and/or some weekend hours.
NORMAL OPERATING CONDITIONS: Those service conditions which are within the control of the company. Those conditions which are not within the control of the company include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the company include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
SERVICE INTERRUPTION: The loss of picture or sound on one or more cable channels.
B. Notification To Subscribers:
(1) The company shall 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:
(a) Products and services offered;
(b) Prices and options for programming services and conditions of subscription to programming and other services;
(c) Installation and service maintenance policies;
(d) Instructions on how to use the cable service;
(e) Channel positions of programming carried on the system;
(f) Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office.
(2) Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the company. In addition, the company shall notify subscribers a minimum of thirty (30) days in advance of any significant changes in the other information required by subsection B(1) of this Section.
C. Subscriber Billing:
(1) Subscriber bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium 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, the company must respond to a written complaint from a subscriber within thirty (30) days.
(3) Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.
(4) Refund checks will be issued promptly, but no later than either:
(a) The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
(b) The return of the equipment supplied by the company if service is terminated.
D. Telephone Service:
(1) The company shall maintain a local, toll-free or collect call telephone customer service number which will be available to its subscribers twenty four (24) hours a day, seven (7) days a week.
(a) Trained representatives will be available to respond to subscriber 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 company representative no later than the next business day.
(2) Under normal operating conditions, the telephone answer time by a customer service representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis.
(3) Under normal operating conditions, the subscriber will receive a busy signal less than three percent (3%) of the time.
E. Installations, Outages And Service Calls:
(1) Under normal operating conditions, each of the following four (4) standards will be met no less than ninety five percent (95%) of the time measured on a quarterly basis:
(a) Standard installations will be performed within seven (7) business days after an order has been placed. Standard installations are those that are located up to one hundred twenty five feet (125') from the existing distribution system.
(b) Excluding conditions beyond its control, the company will begin working on "service interruptions" promptly and in no event later than twenty four (24) hours after the interruption becomes known. The company must begin actions to correct other service problems the next business day after notification of the service problem.
(c) 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. The company may schedule service calls and other installation activities outside normal business hours for the express convenience of the subscriber.
(d) The company may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.
(2) If the company's representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the subscriber.
F. Rights Reserved To Village: The Village reserves the right to amend this Chapter to incorporate customer service requirements or consumer protection standards that exceed the standards set by the FCC, if such standards are deemed to be more beneficial to the Village's residents. Every franchise awarded pursuant to this Chapter shall be subject to such reserved power whether or not such franchise is expressly conditioned upon such reserved power. The Village shall provide the company with ninety (90) days' written notice of any such amendment, and an opportunity to enter comments on such amendment. Said amendments shall be adopted by ordinance. (Ord. 00-05-10)