(a) All cable operators within the City of Richmond Heights shall be subject to the following customer service standards:
(1) Cable system office hours and telephone availability.
A. The cable operator shall maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. Trained company representatives will be available to respond to customer telephone inquiries 24 hours a day.
B. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty seconds. These standards shall be met no less than ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis.
C. The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
D. Under normal operating conditions, the customer will receive a busy signal less than three percent (3%) of the time.
E. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. "Conveniently located" means no more than a 15-minute drive in each direction to the office. To meet this requirement, satellite bill-paying and equipment drop-off locations can be used by the cable operator.
(2) Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis.
A. Standard installations will be performed within seven business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system.
B. Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.
C. The "appointment window" alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.)
D. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the schedule appointment.
E. If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at the time which is convenient for the customer.
(3) Communications between cable operators and cable subscribers.
A. Notifications to subscribers.
1. The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:
a. Products and services offered;
b. Prices and options for programming services and conditions of subscription to programming and other services;
c. Installation and service maintenance policies;
d. Instructions on how to use the cable service;
e. Channel positions of programming carried on the system; and
f. Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office.
2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty days in advance of such changes if the change is within the control of the cable operator. In addition, the cable operator shall notify subscribers thirty days in advance of any significant changes in other information required by the preceding paragraph.
B. Billing.
1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bill will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
2. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty days.
C. Refunds. Refund checks will be issued promptly, but no later than either:
1. The customer's next billing cycle following resolution of the request or thirty days, whichever is earlier; or
2. The return of the equipment supplied by the cable operator if service is terminated.
D. Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. Credits shall be automatically given for all service interruptions as soon as the cable operator is informed of the interruption and can verify it. A separate telephone call to ask for the credit will no longer be necessary.
(4) Late Fees. Late fee charges will be the same as other utility companies charge in this area, but not greater than one and one-half percent (1.5%) per month on the outstanding balance. No other late fee shall be charged.
(5) Definitions.
A. "Normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.
B. "Normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
C. "Service interruption" means the loss of picture or sound on one or more cable channels.
(b) The penalties and remedies for a violation of the above standards shall be as follows:
(1) For service interruptions as defined above, automatic credit or a refund, equal to not less than ten dollars ($10.00), shall be provided to any and all affected subscribers;
(2) For any violation of the above standards, specific performance and reimbursement to the franchising authority for all legal and/or administrative expenses in compelling specific performance;
(3) Intentional violations of the above standards not corrected within thirty days shall be regarded as a failure to perform a material term of the franchise agreement and shall be considered within the franchise performance evaluation portion of the franchise renewal process;
(4) Any other penalty or remedy afforded by local, state, or federal law or regulation.
(c) The foregoing cable television customer service standards shall be effective at the earliest time permitted by law.
(Ord. 14-94. Passed 5-10-94.)