A. Customer service standards. Licensees shall at all times comply with 47 C.F.R. Section 76.309, as amended from time to time - the FCC customer service standards. Consistent with applicable law and regulation, a licensee shall be entitled, on thirty (30) days prior notice to the Village, to recover any amounts resulting from customer service standards, passed by the Village after the effective date of the licensee's franchise agreement, that exceed FCC standards.
B. Preventive maintenance.
1. Program. Each licensee shall establish and maintain a preventive maintenance program consistent with good engineering practices that is sufficient under normal operating conditions to maintain its compliance with the provisions of this article.
2. Parts and staff. Licensees shall keep and maintain a proper and adequate inventory of maintenance and repair parts for the cable system. Licensees shall maintain or otherwise have available a work force of skilled technicians for cable system repair and maintenance.
C. Undergrounding. For new installations, excluding locations where all utilities are underground, if a subscriber requests an underground drop, licensees may charge the subscriber the differential between the cost of aerial and underground installation of the drop to the subscriber. This provision shall not apply where undergrounding is required by Village ordinance or policy for all utilities.
D. Lockout, blocking devices. Each licensee shall provide its subscribers the option of audio and video channel blocking or lockout devices for all channels on its cable system consistent with applicable law and regulation.
E. Notification to subscribers. Licensees shall provide written information on each of the following areas at the time of installation, at least annually to all subscribers, and at any time upon request:
1. Products and services offered;
2. Prices and options for cable services and conditions of subscription to cable service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, reconnection, late fees and other fees charged by the licensee;
3. Installation and service maintenance policies;
4. Instructions on how to use cable service, including procedures and options for pay per view and premium channels;
5. Channel positions of programming carried on the cable system;
6. Billing and complaint procedures, including the address and telephone number of the Village's cable office; and
7. Privacy requirements as set forth in applicable federal, state and local law and regulations.
F. Notice of changes. Subscribers and the Village shall be notified in writing of any increases in prices, or changes in cable services or channel positions a minimum of thirty (30) days in advance of such changes if the change is within the control of a licensee and as soon as possible if not within the control of a licensee. In the event of additions of new cable services on the system where the addition does not result in a change of channel positions or in the price paid by subscribers, reasonable advance notice shall be given to the Village.
G. Converters. Each licensee shall make available for rental by subscribers the converter equipment necessary for subscribers (such as those with “non-cable ready” television sets) to receive the services offered by the licensee, provided that such equipment is not otherwise available for retail rental or purchase by subscribers.
H. Negative option billing.
1. General. Licensees shall not charge a subscriber for any service or equipment that the subscriber has not affirmatively requested. A subscriber's failure to refuse a licensee's proposal to provide such service or equipment is not an affirmative request for service or equipment. A subscriber's affirmative request to a licensee may be made orally or in writing. Licensees shall comply with applicable federal and state laws as may be amended from time to time regarding negative option billing.
2. Permitted modifications. The requirements of subsection A of this section shall not preclude the adjustment of rates to reflect inflation, cost of living and other external costs, the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier of service, the restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition, deletion, or substitution of channels pursuant to FCC regulations; provided that such changes do not constitute a fundamental change in the nature of an existing service or tier of service and otherwise consistent with applicable regulations.
I. Service personnel.
1. Qualifications. Licensees shall use only its employees or qualified independent contractors to install cable and connect subscriber facilities on a subscriber's property. Licensees shall be responsible for all work performed by their employees and contractors.
2. Identification. All field employees and service personnel of licensees and licensees' contractors or subcontractors shall wear on their clothing a clearly visible identification card bearing their name and photograph. Licensees shall account for all identification cards at all times. In addition, such service personnel of licensees shall wear uniforms or outer gear with the applicable licensee's name and logo clearly visible. Service vehicles of licensees, their contractors or subcontractors shall be clearly identified as such to the public. Licensees' vehicles shall have the applicable licensee's logo plainly visible. Upon request of the Village, licensees shall provide a list of those of contractors and subcontractors working for them and contact information for an appropriate representative of each contractor and subcontractor.
J. Telephone service standards. All service to subscribers by telephone shall conform to the following standards:
1. Licensees shall have a listed local or toll-free telephone number available for use by subscribers toll-free twenty-four (24) hours per day, seven (7) days per week.
2. Trained licensee representatives shall be available to respond to subscriber telephone inquiries during normal business hours. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained licensee representative no later than the next business day.
3. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds from when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis.
4. Under normal operating conditions, a subscriber shall receive a busy signal less than three (3) percent of the time, measured on a quarterly basis.
K. Installation standards. Under normal operating conditions, standard installations (defined as those located up to one hundred twenty-five (125) aerial feet from the existing distribution cable system) shall be performed within seven (7) business days after an order has been placed or such later date as may be scheduled to accommodate the convenience of the customer, no less than ninety-five (95) percent of the time, measured on a quarterly basis. This requirement shall not apply to commercial subscribers, multiple dwellings served by a single drop, or inside “wall fish” installations.
L. Installations/service calls. The following shall apply to subscribers (current or new) requesting installations or service:
1. Installations and service calls shall be available to meet the needs of residents of Village. Licensees shall establish an appointment window of no more than four (4) hours with the subscriber (or adult representative of the subscriber), or another appointment window mutually agreed upon between the subscriber and the licensee.
2. Licensees shall not cancel appointments with subscribers after the close of business on the business day prior to the scheduled appointment.
3. If a licensee's technician is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber shall promptly be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the subscriber.
4. In the event access to the subscriber's premises is not made available to a licensee's technician when the technician arrives during the established appointment window, notification stating the time of arrival and requesting that the licensee be contacted again to establish a new appointment window shall be left by the technician in writing or by appropriate licensee representative by telephone or other electronic message to the subscriber.
5. Notwithstanding the foregoing, if a licensee's technician or service representative telephones the subscriber during or prior to the appointment window and is advised that the technician will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to travel to the subscriber's premises or to leave the written notification referred to above, and the burden shall be upon the subscriber (or adult representative of the subscriber) to contact the licensee to arrange for a new appointment.
6. Except as otherwise provided above, a licensee shall be deemed to have responded to a service or installation request under the provisions of this section when a technician arrives at the service location, or is advised by telephone that no access will be given.
7. Under normal operating conditions, licensees shall meet the standards of this section no less than ninety-five (95) percent of the time, measured quarterly.
M. Service interruptions.
1. Excluding conditions beyond a licensee's control, a licensee shall begin working on a service interruption promptly and in no event later than twenty-four (24) hours after the interruption becomes known to the licensee.
2. Service interruption” means the loss of picture or sound on one (1) or more cable channels, affecting three (3) or more subscribers.
3. Excluding conditions beyond its control, a licensee shall begin working on subscriber complaints involving impairment or degradation of signal quality (other than a service interruption) promptly and in no event later than the next business day after the problem becomes known to the licensee.
4. Licensees shall provide subscribers, upon request by the subscriber, with service credit (equivalent to the service they were receiving at the time of interruption) for the duration of the service interruption.
5. Licensees shall be deemed to have begun work under the provisions of this section when a technician arrives at the service location or at the point of probable service interruption.
6. Under normal operating conditions, licensees shall meet the standards of paragraphs 1 and 3 of this subsection no less than ninety-five (95) percent of the time measured on a quarterly basis.
N. Bills.
1. Bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late/administrative charges.
2. In the case of a billing dispute, licensees shall respond in writing to a written complaint from a subscriber within thirty (30) days. Licensees shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute; however, licensees may disconnect a subscriber for failure to pay charges that are not contested.
O. Refunds. Refund checks for cable service shall be issued promptly, but no later than either:
1. The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or
2. On return of equipment owned by the licensee if service is terminated.
P. Credits. Credits for cable service shall be issued no later than the subscriber's next billing cycle following a determination that a credit is warranted.
Q. Late payment for cable service. Late payment policies and fees charged by a licensee to subscribers shall conform to the licensee's published business practices as provided to subscribers. Licensees shall provide the Village copies of all policies and procedures relating to the application of such fees to the provision of their cable services. Licensees shall notify subscribers and the Village not less than thirty (30) days prior to implementation of any changes in such policies and procedures.
R. Disconnection. Disconnection of cable service to a subscriber shall conform to the licensee's published business practices as provided to subscribers. Except as otherwise provided in this section, licensees shall not disconnect a subscriber without notice. Licensees shall provide the Village copies of its policies and procedures relating to disconnection of cable service, and shall notify subscribers and the Village not less than thirty (30) days prior to implementation of any changes in such policies and procedures. Notwithstanding its policies and procedures with respect to disconnection of cable service, a licensee may disconnect a subscriber at any time if the licensee in good faith believes that the subscriber has tampered with or abused the licensee's equipment, that there is a signal leakage problem (or other non-compliance with FCC rules or other standards which poses a risk to lives or property) on subscriber's premises, or that subscriber is or may be engaged in the theft of cable services.
S. Subscriber information, privacy and monitoring. Licensees shall comply with the provisions of applicable federal and state and local laws as may be amended from time to time on the protection of subscriber privacy.
T. Complaints referred by Village. If Village refers a cable service complaint from a subscriber to a licensee for resolution, then, within five (5) business days of the licensee's receipt of such referral, it shall investigate (including attempting to contact the subscriber) and respond to Village in writing (on a form provided by Village or as otherwise agreed to by the Village and the licensee) as to its resolution of same.
U. Reports.
1. Each licensee shall keep an accurate and comprehensive file, in a manner consistent with the privacy rights of subscribers, of any and all complaints regarding the cable system forwarded to the licensee from the Village and the licensee's actions in response to those complaints. These files shall remain open to the Village during normal business hours. Upon request, licensees shall provide the Village an executive summary no more than monthly, which shall include information concerning subscriber complaints.
2. A log of all service interruptions shall be maintained and provided to the Village monthly upon request.
3. A log of all service calls, detailed by broad category shall be provided upon request of the Village, and shall cover a period of not greater than ninety (90) days retroactive from the date of the request.
4. Information provided under this section is proprietary and confidential.
V. FCC technical standards. Licensees shall comply with the rules and regulations relating to cable television technical standards for signal quality, currently set forth at 47 C.F.R. § 76.601, et seq.
1. Licensees shall test for compliance as required by applicable law and regulation, and on request shall provide their testing schedules to the Village, so the Village may have a representative present to observe such tests. Licensees shall provide Village, upon request, with a report of testing for compliance with such standards. Such report shall include a narrative of the licensee's interpretation of the results of such testing and a statement that the testing has been performed in compliance with applicable rules and regulations.
2. The Village, at its expense, no more than annually, and barring unusual circumstances upon thirty (30) days' notice to licensees, may test the cable system for compliance with the FCC technical standards. Licensees shall cooperate in such tests and provide reasonable access to the cable system, which shall only be conducted by a qualified, licensed engineer.
3. Upon request, licensees shall provide the Village manager with the FCC annual cumulative signal leakage report (currently FCC Form 320, or subsequent report with comparable information), the FCC signal quality proof of performance reports, and copies of any technical reports which the licensees file for the cable system with the FCC.
(MC-10-2007, Added, 07/10/2007)