(A) To provide franchisees a reasonable opportunity to make necessary changes to their operations, the consumer protection standards contained within this subchapter will be enforced beginning 90 days after the effective date of this subchapter.
(B) A franchisee shall comply with the consumer protection standards contained in this subchapter during normal operating conditions. "Normal operating conditions" means those service conditions that are within the control of the franchisee. Those conditions that are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak and seasonal demand periods, and maintenance or upgrade of the cable system.
(C) A franchisee shall satisfy other consumer protection standards established by the city from time to time by ordinance or by resolution. In addition, a franchisee shall at all times comply with any additional or stricter requirements established by applicable law including, without limitation, FCC customer service standards and state and federal consumer protection laws.
(D) The consumer protection standards contained in this subchapter shall apply to open video systems to the extent permissible by applicable law. A franchisee providing cable service via an open video system, or a cable franchisee operator that complies with the consumer protection standards applicable to cable systems may be certified by the city as "consumer friendly" if the city determines that the franchisee is complying with the requirements contained herein. The city may revoke the certification for failure to comply with the standards, or if the city is unable to determine whether the franchisee is in compliance.
(E) A franchisee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities.
(F) (1) A franchisee shall maintain designated representatives responsible for resolving customer issues received by the city from residents. A franchisee shall provide the city with current direct telephone numbers, direct facsimile numbers and email addresses of representatives and their supervisors designated to resolve customer issues received by the city for referral to the franchisee. A franchisee shall provide the city with current direct contact telephone numbers, facsimile numbers, and email addresses for the general manager or equivalent employee with responsibility for operations within the city and for management level personnel with responsibility for customer installation, repair, and billing. Such telephone numbers shall generally be answered by a live person capable of resolving customer issues referred by the city.
(2) If the franchisee does not comply with divisions (C), (E) and F(1) above, the franchisee shall have 30 days to cure such violation from the day the franchisee receives notice of the violation. If the franchisee has not cured the violation within 30 days, the city shall fine the franchisee for violation of this section $100 per day for each day that the violation continues. If there is a second violation of divisions (C), (E), or (F)(1) within one year of a previous violation, and the franchisee does not cure such violation within 30 days of the notice, the city shall fine the franchisee $250 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the 30 day cure period has terminated.
(3) A franchisee shall respond to customer issues referred by the city within 24 hours, and shall notify the city of the resolution or of its efforts to resolve the customer issue referred by the city within five business days. The city may develop a form for use by a franchisee in responding to customer issues referred to a franchisee.
(4) If the franchisee does not comply with division (F)(3) above, the franchisee shall have five business days to cure such violation from the day the franchisee receives notice of such violation. If the franchisee has not cured the violation within five days from such notice date, the city shall fine a franchisee for violation of Subsection (F)(3) $100 per day for each day that the violation continues. If there is a second violation of division (F)(3) above within one year of a previous violation, and the franchisee does not cure such violation within five days of the notice, the city shall fine the franchisee $250 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the five day cure period has terminated.
(Ord. 1406, passed 5-15-02)