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Once a year the Commission staff may request a licensee provide a service area map and service extension timetable showing the areas to be provided cable television service for the next year.
(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
A franchisee shall meet or exceed the following subscriber service and promptness standards:
(a) Maintain a local, toll-free or collect call telephone access line which shall be available to its subscribers 24 hours a day, seven days a week that provides:
(1) Trained company representatives to respond to subscriber telephone inquiries during normal business hours.
(2) An access line after normal business hours that shall be answered by a service or an automated response system. The franchisee shall respond to inquiries received after normal business hours on the next business day.
(3) Sufficient personnel and telephone lines so that under normal operating conditions:
(A) Telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time, measured on a quarterly basis.
(B) A subscriber receives a busy signal less than three percent of the time.
(b) Perform installations and service calls, under normal operating conditions, 95 percent of the time, measured on a quarterly basis, as follows:
(1) Complete standard installations within seven business days after an order has been placed. Standard installations are those that are located within 125 feet from the existing distribution system.
(2) Begin working on a service interruption promptly and in no event more than 24 hours after it is aware of the interruption. The franchisee shall also begin correcting any other service problem the next business day after it is aware of the problem.
(3) Offer appointment window alternatives for installations, service calls, and other installation activities at either a specific time or, at maximum, a four-hour time block during normal business hours. The franchisee may also schedule service calls and other installation activities outside of normal business hours if convenient to subscribers.
(4) Not engage in the practice of cancelling an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
(5) Contact a subscriber if its representative will be late for a service appointment. If the appointment has to be rescheduled the franchisee shall reschedule the appointment at a day and time convenient to the subscriber.
(c) Require employees and agents who contact subscribers or potential subscribers outside the franchisee’s office to wear clothing or have in their possession a form of identification, indicating their affiliation with the franchisee.
(d) Notify subscribers:
(1) When service begins, annually and any time upon request, of the following information:
(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 and programming carried on the system; and
(F) Billing and complaint procedures, including the address and telephone number of the licensee's local office.
(2) A minimum of 30 days in advance of any changes in rates, programming services, channel positions or the information in subsection (d)(1) above, unless circumstances beyond the franchisee’s control preclude the franchisee from giving 30 days notice, in which case the franchisee shall give notice as soon as practicable. A franchisee shall provide the notice required under this subsection by announcements on the cable system and in writing.
(e) Follow the below billing rules:
(1) Bills shall be clear, concise understandable and fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills shall also delineate all activities during the billing period, including optional charges, rebates, and credits.
(2) In case of a billing dispute, the franchisee shall respond to a written complaint from a subscriber within 30 days.
(f) A franchisee shall issue refund checks as follows:
(1) At the subscriber's next billing cycle following resolution of the request or 45 days, whichever is earlier.
(2) Within 45 days after the franchisee recovers the equipment it supplied to the subscriber if service is terminated.
(3) For a security deposit, after one year of timely payments. In the alternative, the franchisee may notify the subscriber on every billing statement that the subscriber has the right to request return of the deposit after one year of timely payments.
(g) A franchisee shall issue credits for service no later than the subscriber's next billing cycle following the franchisee’s determination that a credit is warranted.
(h) The franchisee shall allow a subscriber who pays his bill directly to the franchisee, at least 15 days from the date the bill for services is mailed to the subscriber to pay the listed charges, unless the franchisee and subscriber have entered into a rental agreement with different terms. If the subscriber has not paid any bill when due, the franchisee shall not terminate service for nonpayment of a delinquent account until the franchisee furnishes the subscriber with a notice of the delinquency and impending termination, at least 15 days prior to the proposed termination. The notice shall be mailed to the subscriber's billing address. The notice shall not be mailed until the 16th day after the date the bill for services was mailed to the subscriber. The notice of delinquency and impending termination may be part of a billing statement. No franchisee shall assess a late fee any earlier than the 22nd day after it mailed a bill.
(i) Every notice of termination of service sent pursuant to subdivision (h) shall include all of the following information:
(1) The name and address of the subscriber whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment is required in order to avoid termination of service.
(4) The telephone number of a representative of the franchisee who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question.
(j) Service may only be terminated on days in which a subscriber can reach a representative of the franchisee either in person or by telephone. Any service termination without good cause shall be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions.
(k) Subscriber service centers and bill payment locations shall be open during normal business hours and be conveniently located.
(Added by Ord. No. 8288 (N.S.), effective 9-2-93; amended by Ord. No. 8392 (N.S.), effective 5-26-94; amended by Ord. No. 8500 (N.S.), effective 3-9-95; amended by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 10756 (N.S.), effective 12-2-21)
A license issued under this chapter shall be subject to forfeiture for failure to comply with the requirements of this chapter or the terms of the license, unless the licensee is able to demonstrate that any noncompliance is beyond its reasonable control. If the Commission staff determines a licensee is not complying with this chapter or its license, it shall proceed as follows:
(a) The Commission staff shall serve the licensee with written notice of each violation the licensee is committing. The notice shall notify the licensee that it has 30 days from the date of receiving the notice to remedy the violations and that if the licensee fails to remedy the violations within 30 days, the Commission staff will refer the matter to the Commission for a public hearing to determine whether the license should be forfeited.
(b) If the licensee fails to remedy the violations identified in the notice served pursuant to subsection (a) above, the Commission staff shall request the Commission hold a public hearing to determine whether the license should be forfeited.
(c) If the Commission determines the licensee is not complying with this chapter or its license, it may declare a forfeiture of the license or it may allow the licensee to continue operating subject to certain conditions. If the licensee fails to comply with conditions imposed by the Commission, the Commission shall declare a forfeiture of the license. After a declaration of forfeiture the licensee shall cease all construction under the license and within 30 days after the declaration of forfeiture, conclude all operations and business under the license, unless the licensee appeals the forfeiture declaration. An appeal stays the operation of this subsection until the Board of Supervisors renders a decision on the appeal.
(d) The Commission's declaration of forfeiture or other determination under this section shall be in writing and served on the parties.
(e) A licensee may appeal the Commission's declaration of forfeiture under this section to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors within 30 days from the date of the declaration of forfeiture.
(Added by Ord. No. 8288 (N.S.), effective 9-2-93; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The Commission staff shall have the right to inspect a licensee's facilities and a licensee's business records during normal business hours. The Commission staff shall also have the right to require a licensee to produce copies of any communications between the licensee and any federal or State regulatory agency having jurisdiction over the licensee's cable television system.
(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 7314 (N.S.), effective 7-9-87; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
(a) A cable television license shall only be sold, transferred, leased, assigned or disposed of as provided in a license agreement and with the County's consent.
(b) Requests for the County's consent pursuant to subsection (a) above shall be filed with the Commission. The Commission shall hold a public hearing 30 days after receiving a request under this section and shall evaluate a proposed transferee's technical, financial and managerial ability to take over the license. At least 10 days before the hearing the Commission shall give notice to the licensee and the proposed successor licensee and publish notice of the hearing.
(Amended by Ord. No. 7022 (N.S.), effective 10-10-85; amended by Ord. No. 7314 (N.S.), effective 7-9-87; amended by Ord. No. 9889 (N.S.), effective 10-26-07)
The County Auditor and Controller shall have the right to conduct periodic audits of the financial records of a licensee to determine if a licensee is remitting the proper fees due the County. If the Auditor and Controller determines a licensee has not paid the County all fees owed to it for a specific time period, the Auditor and Controller shall have the right to conduct additional audits to determine if a licensee has paid all fees due the County for other time periods.
(Amended by Ord. No. 9889 (N.S.), effective 10-26-07)
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