(A) A franchisee shall employ and maintain sufficient qualified personnel and equipment to be available:
(1) To accept payments and exchange or accept equipment;
(2) To receive subscriber complaints or requests for service or repairs on a full-time basis, 24 hours per day, seven days per week;
(3) To initiate service installations, undertake normal repairs, and initiate action with respect to any subscriber service complaint within 24 hours; and/or
(4) To enable a technician to respond to service calls 24 hours per day, seven days a week, including holidays, when 50 or more subscribers served from the same active electronic device, such as an amplifier or node, call with a complaint.
(B) The franchisee must meet each of the following standards no less than 95% percent of the time under normal operating conditions as measured on a quarterly basis:
(1) Standard installation work shall be performed within seven calendar days after an order has been placed, except in those instances where a subscriber specifically requests an installation date beyond the 7 calendar day period. "Standard" installations are up to 125 feet from the existing distribution system. Installation requests shall be completed within 120 days of a request where an extension of over 125 feet and up to one-half mile is required and within 180 days where an extension of over one-half mile is required. If scheduled installation is neither started nor completed as scheduled, unless due to the customer's fault, an employee of the franchisee will telephone the subscriber the same day. Evening personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee of the franchisee shall telephone the subscriber the next day.
(2) The franchisee will respond to service interruptions promptly and in no event later than 24 hours after the interruption becomes known. Other requests for service will be responded to promptly and in no event later than 48 hours after the initial request. All service interruptions and service problems within the control of the franchisee will be corrected within 72 hours after a complaint.
(3) The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour or less block of time during normal business hours, or if requested by the subscriber, "all day." The franchisee's scheduling options shall be clearly explained to subscribers at the time of the scheduling.
(4) The franchisee may not cancel an appointment with a subscriber after 5:00 pm on the business day prior to the scheduled appointment.
(C) If at any time an installer or technician is running late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. Subscribers who have experienced one missed installation or service appointment due to the franchisee's fault shall receive standard installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit of not less than $20.
(D) With regard to subscribers with disabilities, upon a subscriber's request, a franchisee will arrange for pickup and/or replacement of converters or other equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer), without a special charge.
(E) If the standards of divisions (A) or (B) above are not met, the franchisee shall have 30 days to cure such violation from the first business day after receipt of a notice of violation by the city. In addition, a franchisee shall begin to measure the standards of division (B) above on a daily basis following the last day of the quarter during which the standards were not satisfied. If the franchisee is not in compliance 30 days from such date as required herein, the city shall fine a franchisee for violation of divisions (A) and (B) above a maximum of $500 per day for each day that the violation continues. The city shall fine a franchisee for violation of divisions (C) and (D) above $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.
(Ord. 1406, passed 5-15-02)