A. Provisions:
1. Regulation Of Service Rates:
a. The City may regulate rates for the provision of cable service, equipment, or any other communications service provided over the system to the extent allowed under Federal or State law(s). City reserves the right to regulate rates for any future services to the extent permitted by law.
b. Grantee shall give City and subscribers written notice of any change in a rate or charge at least thirty (30) days prior to the effective date of the change in accordance with 47 CFR 76.964. Grantee shall not be required to provide advance notice for changes relating to franchise fees, access charges or any franchise related costs consistent with Federal law. Bills must be clear, concise, and understandable, with itemization of all charges.
2. Non-Standard Installations: Grantee shall install and provide cable service to any person requesting other than a standard installation. In such case, grantee may charge for the incremental increase in material and labor costs incurred beyond the standard installation.
3. Sales Procedures: Grantee shall not exercise deceptive sales procedures when marketing any of its services within City. grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulation.
4. Subscriber Inquiry And Complaint Procedures:
a. Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive subscriber complaints and requests on a twenty four (24) hour-a-day, seven (7) days-a-week basis. During normal business hours, trained representatives of grantee shall be available to respond to subscriber inquiries.
b. Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and City where applicable and lawful. Under normal operating conditions, telephone answer time by a customer 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. Under normal operating conditions, the customer will receive a busy signal less than three percent (3%) of the time. Grantee shall respond to written complaints with copy to City or its designee within thirty (30) days.
c. Subject to grantee's obligations pursuant to law regarding privacy of certain information, grantee shall prepare and maintain written records of all complaints received from City and the resolution of such complaints, including the date of such resolution. Such written records shall be on file at the office of grantee. Grantee shall provide City with a written summary of such complaints and their resolution upon request of City. As to subscriber complaints, grantee shall comply with FCC record- keeping regulations, and make the results of such record-keeping available to City upon request.
d. Subscriber requests for repairs shall be performed to the extent possible within thirty six (36) hours of the request unless conditions beyond the control of grantee prevent such performance. Grantee may schedule appointments for installations and other service call either at a specific time or, at a maximum, during a four (4) hour time block during normal business hours. Grantee may also schedule service calls outside normal business hours for the convenience of customers. Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards.
5. Subscriber Contracts: Grantee shall file with City any standard form subscriber contract utilized by grantee. If no such written contract exists, grantee shall file with the City a document completely and concisely stating the length and terms of the subscriber contract offered to customers. The length and terms of any subscriber contract(s) shall be available for public inspection during normal business hours.
6. Refund Policy: In the event a subscriber establishes or terminates service and receives less than a full month's service, grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing. In addition, in the event that an outage of service occurs for a total period of more than twenty four (24) hours, a subscriber shall, upon request, be credited pro rata for such outage.
7. Late Fees: Grantee may access additional fees for late payment in accordance with grantees standard late fee policy and applicable law, but in no case shall grantee require payment of a late fee until thirty (30) days after the date of the invoice. (Ord. 319, 9-5-2017)