Any Cable Operator of cable service in the Village shall comply with the following customer service standards effective ninety (90) days after written notice of their adoption is given to the Cable Operator:
(a) Subscriber Complaint Practices.
(1) Cable Operator shall maintain a local office which shall be open during normal business hours at least nine (9) hours per weekday and four (4) hours on Saturdays. This office shall accept payments, handle adjustments to Subscriber bills, respond to installation, repair, and/or maintenance requests and other service calls. Cable Operator 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) hour-a-day, seven (7) days-a-week basis. At least ninety percent (90%) of the time, Cable Operator shall connect Subscriber calls to a live, trained service representative with a wait time that shall not exceed 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; and 11:00 a.m. to 10:00 p.m. on Sundays and 10:00 a.m. to 8:00 p.m. on National Holidays with the exception of Thanksgiving, Christmas, New Years Day and July 4, which shall be 10:00 a.m. to 6:00 p.m. Wait time for the transfer of Subscriber calls, or putting Subscribers on hold, also shall not exceed thirty (30) seconds. Cable Operator shall maintain written or computer-generated records demonstrating, to the satisfaction of the Village, 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 Cable Commission’s review at the Commission’s periodic meetings.
(2) Within Cable Operator’s local office, monitors of reasonably recent vintage shall display programming available on the local cable system allowing Subscribers to view a properly received cable picture.
(3) Cable Operator 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 Village inspection shall be maintained for all service interruptions.
(4) Cable Operator 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.
(5) Work on Subscriber requests for maintenance or repairs received prior to 12:00 p.m., Monday through Friday, shall be commenced the same day.
(6) Work on Subscriber requests for maintenance or repairs received after 12:00 p.m., Monday through Friday, shall be commenced within twenty-four (24) hours of the request.
(7) 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.
(8) 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 Village or the FCC. A Cable Operator may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. If a Cable Operator 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. Should a Cable Operator representative miss an appointment related to cable service or operation, or fail to provide the Subscriber the advance notice of a cancellation required in this paragraph, the Subscriber shall be entitled to a rebate of the monthly service charge or $20.00, whichever is greater, for the missed appointment, except where the delay is occasioned by an Act of God, strike, national emergency or any other circumstance beyond the control of the Cable Operator.
(9) If Cable Operator fails to correct a service problem (other than a Service Interruption which is governed by paragraphs 10 and 11 below) within twenty-four (24) hours after Cable Operator receives notification of the service problem, Cable Operator 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 or fraction thereof after the first twenty-four (24) hours during which a Subscriber is with reduced service. The credit shall be made automatically by Cable Operator without requiring Subscriber request. Cable Operator shall, as part of the complaint log to be provided pursuant to paragraph (1) of this subsection, inform the Commission, on a monthly basis, regarding the disposition of all credits provided by Cable Operator to Subscribers pursuant to this paragraph.
(10) Cable Operator 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.
(11) In the event any Service Interruption continues for more than twelve (12) hours after Cable Operator is first notified of the Service Interruption, Cable Operator shall credit one sixtieth (1/60) 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 requesting 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 seven (7) business days of the date the order was placed by the Subscriber. If a Cable Operator 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 Cable Operator’s materials and time at the rate per foot and the Cable Operator shall provide a total installation cost estimate and an estimated date of completion in advance. All other installations shall be performed 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. Cable Operator shall provide to the Village and all new Subscribers and, at least once a year, to existing Subscribers, written Subscriber service information in conspicuous print which shall include, but not be limited to, the following:
(1) Products and services offered, including a channel lineup;
(2) Prices and options for programming services and conditions of subscription to programming and other services;
(3) All applicable complaint procedures and the name and telephone number of the secretary of the Cable Commission with the Village;
(4) Billing practices, including refund and credit policies, as required by subsection (d) hereof;
(5) Instructions and information on the use of cable service, converters, equipment compatibility and a standard VCR hookup;
(6) The use and availability of A/B switches;
(7) Use and availability of parental control devices;
(8) Special services for Subscribers with disabilities;
(9) Change in service and service termination procedures;
(10) Office location and hours;
(11) Subscriber privacy requirements.
(d) Subscriber Billing Practices.
(1) Cable Operator shall notify each of its Subscribers, through the written service information, of its billing practices. The service information shall describe Cable Operator’s billing practices including, but not limited to, the following: frequency of billing, time periods upon which billing is based, advance billing practices, security deposit requirements, charges for late payments or returned checks, payments required to avoid account delinquency, availability of credits for Service Interruption, procedures to be followed to request service deletions including the notice period a Subscriber must give to avoid liability for such services and procedures to be followed in the event of a billing dispute.
(2) Cable Operator shall notify all affected Subscribers not less than thirty (30) days prior to any change in billing practices and such notice shall include a description of the changed practice.
(3) The Subscriber bill shall contain the following information presented in plain language and format and in conspicuous print:
A. Name and address of Cable Operator;
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. Cable Operator’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. Cable Operator shall not impose a late charge on a Subscriber unless a Subscriber is delinquent, Cable Operator 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 any 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 reasonably related to the costs incurred by Cable Operator in processing such checks.
(5) In the event Cable Operator provides bills, statements, invoices, or notices to Subscribers which separately itemize the portion or portions of Cable Operator’s charges which are attributed to any tax or fee, the itemization format first shall be reviewed by the Village. At a minimum, if Cable Operator itemizes any tax or fee on a Subscriber’s bill, Cable Operator shall itemize all of its taxes or fees in a like manner. In no event shall any such itemization by Cable Operator 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.
(e) Parental Control Option. Cable Operator shall provide, free of charge, or for a charge approved by the Village or the FCC, 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) Cable Operator may impose a charge reasonably related to the Cable Operator’s actual cost incurred for a downgrade of service, except that no such charge may be imposed when:
A. A Subscriber requests total disconnection from the system; or
B. A Subscriber requests the downgrade within a thirty (30) day period following any re-tiering of services or 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 Cable Operator 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 Cable Commission may make orders and assess monetary penalties against the Cable Operator for violation of any of the Customer Service Standards set forth herein. The order may require the Cable Operator to undertake an activity 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 Cable Operator fails to comply with the order. An order of the Commission shall be final only after a hearing and referral to Council as set forth in Section 957.03 herein.
(Ord. 2001-110. Passed 11-13-01.)