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A. Minimum Standards: Each grantee under this chapter shall satisfy the customer service standards established by the FCC pursuant to 47 USC section 552 as if it were a cable operator, and such additional or stricter customer service or consumer protection requirements as are included in this code, or as the city may adopt from time to time by resolution, or as may apply under applicable law.
B. Waiver Of Standards: Customer service standards and reporting requirements may be waived by the city manager where:
1. A grantee shows the standard as applied to it is too burdensome; and
2. The grantee proposes an alternative standard that the city manager determines will reasonably protect subscribers in light of the customer service record of the grantee requesting the waiver.
3. The waiver shall expire in ninety (90) days unless a longer period is approved by the city council. The city council may revoke a waiver at any time, upon sixty (60) days' notice.
C. Opportunity For Comment: After the effective date hereof, before adopting any additional video service specific customer service standards, the city shall provide grantees an opportunity to comment on the proposed standards before they are adopted.
D. Billing Practices:
1. Failure To Pay: The due date for a bill may be no earlier than fifteen (15) days after a bill is mailed. No penalty or late fee may be assessed until five (5) days after the due date. A payment is made as of the earlier of the date it is received, or the date a payment by mail is postmarked.
2. Return Of Deposits: If the grantee collects a deposit or advance charge on any service or equipment requested by a subscriber, the grantee shall provide such service or equipment within thirty (30) days of the collection of the deposit or charge or it shall refund such deposit or charge by mail postmarked within seven (7) working days thereafter. Nothing in this section shall be construed to limit the grantee's liability for damages because of its failure to provide the service for which the deposit or charge was made.
3. Pro Rata Refunds: In the event that a subscriber terminates service prior to the end of a prepaid period, the pro rata portion of any prepaid subscriber fee which represents payment for services which are no longer to be rendered shall be refunded promptly, but in no case more than thirty (30) days after receipt of the request of termination.
4. Security Deposits: Security deposits may not be levied on a discriminatory basis. A grantee shall not charge an equipment security deposit greater than the equipment's actual cost to the grantee. Any equipment security deposit collected by the grantee shall be returned to the subscriber no later than the earlier of:
a. Twelve (12) months after its collection, if the deposit was collected from a person that is still a subscriber; or
b. Within thirty (30) days of return of such equipment undamaged, with allowance for reasonable wear and tear, and payment of any outstanding balance due and payable for lease of the equipment.
E. Time For Installation Completion:
1. Subject to subsection E2 of this section, standard subscriber installations shall be completed within seven (7) business days (unless the subscriber requests a later date). A standard installation is an installation where distance from the curb to the demarcation point on the potential subscriber's premises is one hundred fifty feet (150') or less. During normal operating conditions, this standard will be met ninety five percent (95%) of the time, measured on a quarterly basis.
2. Upgrades or reconnections of service by a grantee shall be performed and completed within seven (7) working days of a subscriber requesting such upgrade or reconnection. During normal operating conditions, this standard will be met ninety five percent (95%) of the time, measured on a quarterly basis.
3. For nonstandard installations, or where a system extension is required, work must be completed promptly, and no later than sixty (60) days after the extension request, unless the city grants an extension of the time. The city shall not unreasonably deny a request for an extension where proper engineering, planning and construction require more time.
F. Missing Appointments: If the grantee fails to meet an appointment, the grantee shall in the case of an installation, reconnection or upgrade, at a minimum, waive all charges for installation, reconnection or upgrade applicable to the customer whose appointment was missed. If the grantee fails to meet a service or repair appointment, the grantee shall, at a minimum, waive all repair charges, if any are applicable to the customer whose appointment was missed, and credit the account of the customer whose appointment was missed an amount of no less than twenty dollars ($20.00), in addition to automatically providing credits for the period during which service was lost.
G. Credit For Outage, Interruption: A grantee shall provide a subscriber with credit for a signal or service interruption exceeding four (4) hours in duration. The credits provided herein need be given only upon request made by a subscriber. The request may be made at the time a subscriber calls to report a signal or service interruption, whether or not the four (4) hours has elapsed at the time the call is made; and may be requested up to sixty (60) days after the signal or service interruption occurs. A "signal or service interruption" refers to the loss of sound or picture on any channel, or the significant deterioration of the same on any channel.
H. Records Maintained: Grantee shall maintain a record or "log" of signal or service interruptions; and customer complaints describing the date and nature of the interruption or complaint, and the date and nature of the action taken by grantee. These records shall be kept at grantee's local office for a period of three (3) years. Each grantee shall collect information, and shall maintain records to show its performance with respect to all applicable customer service standards. (Ord. 2009-08, 7-16-2009)