(a) Policy.
(1) The Grantee should be permitted the option and autonomy to first resolve citizen complaints without delay and interference from the Franchise Authority.
(2) These Standards are intended to be of general application; however, the Grantee shall be relieved of any obligations hereunder if it is unable to perform due to a region-wide natural emergency or in the event of a force majeure condition affecting a significant portion of the Franchise Area. The Grantee is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards.
(b) Customer Service.
(1) Courtesy. All employees of the Grantee shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers.
(2) Accessibility.
A. The Grantee shall maintain a local business office in a convenient location with a telephone listing for the purpose of offering the following services to customers who come to the local business office; bill payment, faulty equipment exchange, processing of change of service requests and response to customers’ inquiries. This local business office shall be open Monday through Friday (holidays excluded) from 8:00 a.m. to 6:00 p.m., and from 9:00 a.m. to 1:00 p.m. Saturday. The Grantee shall also provide full exchange of equipment at the customers’ premises. The Grantee may provide an alternate means to address customer inquires, exchange faulty equipment, process change of service requests and provide for bill payment other than by local business office, if the same is agreed upon by all parties in the Franchise Agreement.
B. The Grantee shall maintain local or toll free telephone access lines that shall be available twenty-four (24) hours a day, seven days a week for service/repair requests and billing inquiries.
1. Trained Grantee representatives will be available to respond to customer phone inquiries during Normal Business Hours.
2. After Normal Business Hours, the access line may be answered by a service or an automated response system, including answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day.
C. The Grantee shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered under Normal Operating Conditions by a customer service representative within thirty (30) seconds or less, and that any transfers are made within thirty (30) seconds. These Standards shall be met no less than ninety percent (90%) of the time measured on a quarterly and annual basis.
D. Grantee will not be required to acquire equipment or perform surveys to measure compliance with telephone answering standards unless a pattern of complaints indicates a clear failure to comply. A pattern shall exist when Grantee has failed to meet standards for three (3) consecutive quarters.
E. The Grantee shall have dispatchers and technicians on call twenty- four (24) hours a day, seven (7) days a week, including legal holidays. No extra charge shall be made to the Subscriber for the availability of this service.
F. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time.
(3) Responsiveness. Under Normal Operating Conditions, as defined herein, each of the standards in Sections A, B &C below shall be met no less than ninety-five percent (95%) of the time measured on a quarterly and annual basis.
A. Guaranteed seven-day residential installation.
1. The Grantee shall complete all Standard Installations requested by customers within seven (7) business days after the order is placed, unless a later date for installation is requested. If the customer requests a nonstandard installation, or the Grantee determines that a nonstandard customer installation is required, the Grantee shall provide the customer in advance with a total installation cost estimate and an estimated date of completion.
2. All underground cable drops from the pedestal to the home shall be buried at a depth of no less than eight inches (8"), and within no more than two (2) calendar weeks (weather permitting) from the initial installation, or at a time mutually agreed upon between the Grantee and the customer.
B. Residential installation and service appointments.
1. Customers requesting installation of Cable Service or service to an existing installation may choose any of the following blocks of time for the installation appointment: 8:00 a.m. to 12:00 Noon; 12:00 Noon to 4:00 p.m.; 4:00 p.m. to 8:00 p.m.; or a four-hour block of time mutually agreed upon by the customer and the Grantee. The Grantee is not precluded from offering shorter blocks of time for installation appointments. The Grantee may not cancel any appointment with a customer after 5:00 p.m. on the day before the scheduled appointment, except for appointments scheduled within twelve (12) hours after the initial call.
2. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
3. If a Grantee 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 and notified as soon as it is apparent that the appointment will be missed. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
4. The Grantee shall be deemed to have responded to a request for service under the provisions of this Section when a technician arrives within the agreed upon time and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Grantee. In such circumstances, the Grantee shall attempt to contact the customer within forty-eight (48) hours.
C. Residential service interruptions.
1. In the event of system outages (loss of reception on all channels) resulting from Grantee equipment failure affecting three (3) or more customers, the Grantee shall respond to such failure within two (2) hours after the 3rd customer call is received.
2. All other service interruptions resulting from Grantee equipment failure shall be corrected by the Grantee by the end of the next calendar day.
3. The Grantee shall keep an accurate and comprehensive file of any and all complaints regarding material technical, signal quality, construction, or customer service issues of the Cable System, in a manner consistent with the privacy rights of customers, and the Grantee’s actions in response to those complaints. These files shall remain open to the Franchising Authority during normal business hours upon request.
4. All Service outages and interruptions for any cause beyond the control of the Grantee shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been corrected.
D. TV reception.
1. The Grantee shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (“FCC”). The Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and 6:00 a.m.
2. If a customer experiences poor video or audio reception attributable to the Grantee’s equipment, the Grantee shall repair the problem no later than the day following the customer call. If an appointment is necessary, customer may choose the same blocks of time described in subsection (b)(3)B. herein. At the customer’s request, the Grantee shall repair the problem at a later time convenient to the customer.
E. Treatment of property.
1. The Grantee shall keep trimming to a minimum; trees and shrubs or other landscaping that is damaged by the Grantee, any employee or agent during installation construction shall be restored to its prior condition or replaced. Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirements in any Franchise Agreement.
2. The Grantee shall, at its own cost and expense, and in a manner approved by the property owner, restore any property to as good condition as before the work causing such disturbance was initiated. The Grantee shall repair, replace or compensate a property owner for any damage resulting from the Grantee’s installation, construction, service or repair activities.
3. Except in the case of an emergency involving public safety or service interruption to a large number of Subscribers, the Grantee shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. If damage is caused by any Grantee activity, the Grantee shall reimburse the property owner one hundred percent (100%) of the cost of the damage or replace the damaged property. For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one (1) week in advance. In the case of an emergency, the Grantee shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made.
4. The Grantee personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly.
(4) Customer information.
A. Upon installation, and at any time the customer may request, the Grantee shall provide the following information in clear, concise written form:
1. Products and services offered by the Grantee, including its channel lineup;
2. The Grantee’s complete range of service options and the prices for these services;
3. Instruction on the use of cable TV service and on a standard VCR hookup;
4. The Grantee’s billing, collection and disconnection policies and procedures;
5. Customer privacy requirements;
6. All applicable complaint procedures and the telephone numbers and mailing address of the Grantee, and the Grantor to whom the complaints should be addressed;
7. Use and availability of parental control/lock out device;
8. Special services for customers with disabilities, if any; and
9. Days, times of operation and locations of service centers, if applicable.
B. Grantee shall provide Customers with written notification of any changes in rates, programming, services or Channel positions as soon as possible in writing. Advertisement in newspapers of general circulation within Westlake may also constitute the requisite notice. Notice must be given to Subscribers a minimum of thirty (30) days before the effective date of change, unless a later time frame is permitted by FCC rules. In addition, Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph. Notwithstanding the foregoing, Grantee shall not be required to provide prior notice of any rate change that is the result of regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or Grantor on the transaction between Grantee and the Subscriber.
C. Each Customer Service Representative (CSR), technician or employee of the Grantee in each contact with a customer shall state the estimated cost of the service, repair or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed.
(5) Customer privacy.
A. The Grantee shall not monitor cable television signals to determine the individual viewing patterns or practices of any customer without the prior written consent from that customer, except as otherwise permitted by the applicable Franchise or law. Grantee is permitted to disclose such information if such disclosure is necessary to render or conduct a legitimate business activity related to Cable Service or other service provided by Grantee to its customers.
B. The Grantee shall not sell or otherwise make available customer lists or other personally identifiable customer information to unaffiliated third parties without prior written customer consent, except as otherwise permitted by the Franchise or applicable law. The Grantee is permitted to disclose such information if such disclosure is necessary to render, or conduct, a legitimate business activity related to a cable service or other service provided by the Grantee to its customers.
(6) Billing.
A. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium services charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.
B. In case of a billing dispute, the Grantee must respond to a written complaint from a subscriber within thirty (30) 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 (30) days, whichever is earlier, or
2. The return of the equipment supplied by the Grantee 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.
(7) Complaint procedures.
A. Any verbal, telephonic or written complaint relating to the quality or continuity of service shall be attended to within a normal service interval. In the event that such complaints are not responded to or service is not restored to the levels required by the FCC or by the terms of this chapter during said normal service interval, the Grantee may provide remuneration as determined by Subscriber requirements which may take the form of free installation, service credit or promotional items of comparable value, for the missed appointment. This provision shall not apply if such delay is occasioned because of an Act of God, strike, national emergency or any other circumstance beyond the control of Grantee. Similarly, this provision shall not apply to service requests or complaints pertaining to television set malfunction or other breakdown not related to the operation of the Cable Television System.
B. The Grantee shall establish procedures for receiving, acting upon and resolving subscriber complaints. The Grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the system. In addition, the Grantee shall maintain a written record, printout, or “log,” listing date and time of material customer complaints, such as technical, construction, signal quality or customer service complaints, identifying the subscriber, and describing the nature of the complaints and when and what action was taken by the Grantee in response thereto. Such records shall be kept for a period of three (3) years at Grantee’s office reflecting the operations to date subject to applicable laws regarding Subscriber privacy and shall be available for inspection by Grantor during regular business hours.
(c) Satisfaction Guaranteed. Any customer who requests disconnection of Cable Service or any particular programming service previously ordered shall have disconnection effective on the day such request is made. The customer will not be charged thereafter for any service disconnected and, in the case of service for which the customer has prepaid, the customer shall promptly be provided a credit or sent a refund of the unused portion of the prepaid amount.
(d) Safety. The Grantee shall install and locate its facilities, Cable System and equipment in compliance with all federal, state, local and company safety standards, and in such a manner as shall not unduly interfere with or endanger persons or property. Whenever the Grantee receives notice that an unsafe condition exists with respect to its equipment, the Grantee shall investigate such condition immediately and shall take such measures as are necessary to remove or eliminate any unsafe condition.