Any provider of cable television service in the City shall comply with the following Customer Service Standards effective ninety days after written notice of their adoption is given to the provider:
(a) Subscriber Complaint Practices.
(1) The provider shall maintain a local office which shall be open during normal business hours at least nine hours per weekday and four hours on Saturdays. This office shall accept payments, handle adjustments to subscriber bills and respond to installation, repair, and/or maintenance requests and other service calls. The provider shall have a publicly-listed toll-free telephone number and be so operated as to receive subscriber complaints and requests on a twenty-four hour-a-day, seven days-a-week basis. At least ninety percent of the time, the provider shall connect a telephone caller to a live service representative staff member within thirty 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; 11:00 a.m. to 10:00 p.m. on Sunday; and 10:00 a.m. to 8:00 p.m. on national holidays with the exception of Thanksgiving, Christmas, New Year's Day and July 4, which shall be 10:00 a.m. to 6:00 p.m. The provider shall maintain written or computer-generated records demonstrating, to the satisfaction of the City, 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 monthly for the Cable Television Advisory Commission's review at the Commission's periodic meetings.
(2) Within the provider'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) The provider 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 City inspection shall be maintained for all service interruptions.
(4) The provider 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 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 hours of the request.
(8) Service calls for maintenance or repairs shall be performed within an "appointment window," as defined herein, at no charge or at a charge approved by the City or the FCC. A provider may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a provider 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 which is convenient for the subscriber.
(9) If the provider fails to correct a service problem (other than a service interruption which is governed by paragraphs (a)(10) and (11) hereof) within twenty-four hours after the provider receives notification of a service problem, the provider shall credit one-fifteenth of the monthly charge for the affected tier or premium channel to the subscriber for each twenty-four hours or fraction thereof after the first twenty-four hours during which a subscriber is with reduced service. The credit shall be made automatically by the provider without requiring a subscriber request. The provider shall, as part of the complaint log to be provided pursuant to paragraph (a)(1) hereof, inform the Cable Television Advisory Commission, on a monthly basis, regarding the disposition of all credits provided by the provider to subscribers pursuant to paragraph (a)(9) hereof.
(10) The provider shall respond within two hours to all service interruption reports affecting at least one channel for five percent or more of the system's subscribers.
(11) In the event any service interruption continues for more than twelve hours after the provider is first notified of the service interruption, the provider shall credit one-thirtieth of the monthly charge to all subscribers affected by the service interruption for each twelve hours or fraction thereof after the first twelve hours during which the subscriber is with reduced service.
(b) Installation.
(1) Subscribers who request installation or 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 or service upgrades or downgrades shall be performed within seven business days of the date the order was placed by the subscriber. If a provider 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 which is convenient to the subscriber.
(2) Unless otherwise required by law, only those homes which require drops in excess of 125 feet shall be required to pay for the provider's materials and time at the rate per foot. All other installations shall be performed at the advertised installation rate. For the purposes of this paragraph, the term "drop" shall mean the shortest linear distance from the distribution line to the nearest point of the home.
(c) Subscriber Information. The provider shall provide to the City 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) The procedure for investigation and resolution of subscriber service complaints, including the name and telephone number of the Secretary of the Cable Television Advisory Commission with the City;
(2) Programming services, rates and charges for all services, including public access related charges;
(3) Billing practices, as required by subsection (d) hereof;
(4) Service termination procedures;
(5) Change in service procedures;
(6) Refund and credit policy;
(7) Office hours;
(8) Converter/VCR hookup information and use instructions;
(9) Pay-per-view, and
(10) Parental control devices.
(d) Subscriber Billing Practices.
(1) The provider shall notify each of its subscribers, through the written service information, of its billing practices. The service information shall describe the provider'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 necessary to avoid account delinquency; availability of credits for service outages; 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) The provider shall notify all affected subscribers not less than thirty days prior to any change in the 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. The name and address of the provider;
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. The provider'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 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. The provider shall not impose a late charge on a subscriber unless subscriber is delinquent, the provider has given the subscriber written notice of the delinquency in a clear and conspicuous manner, and the subscriber has been given at least eight 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 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 the provider in processing such checks.
(5) In the event the provider provides bills, statements, invoices, or notices to subscribers which separately itemize the portion or portions of the provider's charges which are attributed to any tax or fee, the itemization format first shall be reviewed by the City. At a minimum, if the provider itemizes any tax or fee on a subscriber's bill, the provider shall itemize all of its taxes or fees in a like manner. In no event shall any such itemization by the provider be inconsistent with applicable law.
(6) Service to subscribers with delinquent accounts may be terminated only after the account is forty-five or more days past due and the subscriber has been given at least two 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. The provider shall provide, free of charge, or for a charge approved by the City or the FCC, parental control devices to all subscribers who wish to be able to delete any objectionable programming from the able service entering the subscriber's home.
(f) Charges for Disconnection or Downgrading of Service.
(1) The provider may impose a charge reasonably related to the provider'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-day period following any 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 the provider 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 Television Advisory Commission may make orders and assess monetary penalties against the provider for violation of any of the Customer Service Standards set forth herein. The order may require the provider to undertake an activity which the provider is required to undertake 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 provider fails to comply with the order.
(Ord. 1997-45. Passed 12-17-97.)