(A) (1) A subscriber may terminate or downgrade service at any time. No charges for service may be made after the subscriber requests disconnection or downgrade. No period of notice before voluntary termination or downgrade of cable service may be required of subscribers. There will be no charge for disconnection, except for a collection fee authorized by applicable law, and any downgrade charges will conform to applicable law. This section does not apply to promotional contracts or bulk contracts where a subscriber received an actual discount from standard rates for a multi-month contract, so long as:
(a) The disconnect fee plus the amount paid by the customer is no higher than the amount the customer would have paid for service actually received before the disconnect request at the franchisee's prevailing rates for the service;
(b) The disconnect fee was stated prominently and in writing, and provided to the customer before the customer began taking service; and
(c) The subscriber was given the option of disconnecting without a disconnect fee within the first 15 days after subscriber began receiving the discounted service.
(2) Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service will be returned to the subscriber within 45 days from the date disconnection or downgrade was requested, except in cases where the subscriber does not permit the franchisee to recover its equipment, in which case the amounts owed will be paid to subscribers within 45 days of the date the equipment was recovered.
(3) A subscriber that requests to terminate a promotional offer or requests to return to the prior level of service after the promotion ends shall be able to do so without paying any additional charges or being required to obtain additional equipment at the subscriber's cost.
(B) (1) A franchisee may disconnect a subscriber's service for non-payment if:
(a) The subscriber is delinquent in payment for cable service;
(b) A written notice of impending disconnection, postage prepaid, has been sent to the subscriber after the due date of the bill, and at least ten days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice must identify the name and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the franchisee who can provide additional information concerning and handle complaints or initiate an investigation concerning the services and charges in question;
(c) The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection which must be at least 35 days after the due date of the subscriber's monthly bill or other charge; and
(d) No pending inquiry exists regarding the bill that the subscriber has failed to pay to which the franchisee has not responded in writing, if the subscriber inquiry was in writing, or via telephone or in writing if the subscriber inquiry was via telephone.
(2) A subscriber is not delinquent in payment for a bill until after the date a late fee could be imposed on that bill.
(3) Service may only be disconnected on days in which the subscriber can reach a representative of the franchisee either in person or by telephone to make a payment on the account.
(4) After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee will reinstate service within five business days, except as otherwise provided in this subchapter below.
(C) A franchisee may immediately disconnect a subscriber if:
(1) The subscriber is damaging, destroying or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the franchisee's cable system;
(2) The subscriber is not authorized to receive service and is receiving and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or
(3) Subscriber-installed or attached equipment is resulting in signal leakage in violation of FCC rules.
(D) Nothing in this subchapter shall be construed to prevent the franchisee from removing its property from a subscriber's premises upon the termination of service consistent with FCC rules and any other applicable Law. At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises within 30 calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that the agreement must be consistent with applicable law and FCC rules. Notwithstanding anything to the contrary, a franchisee shall comply with all FCC rules as now or hereafter may be amended with respect to subscribers' rights and interests including, but not limited to, right to purchase and determination of ownership of cable wiring and equipment.
(E) If a franchisee does not comply with this section, the franchisee shall have 30 days to cure such violation from the day the franchisee receives notice of such violation. If the franchisee has not cured the violation within 30 days from such notice date, the city shall fine a franchisee for violation of this section $100 per day for each day that the violation continues. If a franchisee has a subsequent violation of this section within one year of a violation that resulted in a fine, and the franchisee fails to cure the violation within the time period required herein, the city shall fine the franchisee $500 per day for each day that the violation continues. Fines shall begin to accrue on the first business day after the 30 day cure period has terminated.
(Ord. 1406, passed 5-15-02)