§ 22-18. Customer service requirements.

(a)

Any person operating a cable system shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities.

(b)

Franchisee shall maintain at least one conveniently located business office and service center within the franchisee's service area, but not more than five miles from the city limits to which subscribers may telephone without incurring added message units or toll charges. This business office shall be open at minimum from 8:00 a.m. to 6:00 p.m., Monday through Friday, until 8:00 p.m. and some weekend and evening hours including, but not limited to Saturday from 9:00 a.m. until 12:00 p.m. or the equivalent as provided in a franchise agreement.

(c)

Franchisee shall maintain a listed local, toll-free telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the franchisee on a full-time basis, 24 hours per day, seven days per week including holidays. Knowledgeable, qualified franchisee representatives will be available to respond to customer telephone inquiries, 24 hours per day, seven days per week including holidays.

(d)

Franchisee shall answer all customer service and repair telephone calls made under normal operating conditions within 30 seconds, including wait time and within an additional 30 seconds to transfer the call. Customers shall receive a busy signal less than three percent of the time. These standards shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis.

(e)

A franchisee shall employ and maintain sufficient qualified personnel and equipment to be available (1) to accept payments; (2) to exchange or accept converters or other equipment; (3) to receive subscriber complaints or requests for service or repairs during normal business hours and some evening and weekend hours; (4) to schedule service installations, undertake normal repairs, initiate action with respect to any subscriber service complaints within 24 hours; (5) to enable a service technician to respond to service calls 24 hours per day, seven days a week including holidays when more than five subscribers served from the same nearest active electronic device, such as an amplifier or node, call with the same complaint.

(f)

Installation and service:

(1)

Standard installation work shall be performed within seven business days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven business day period. "Standard" installations are up to 150 feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the franchisee the same day. Evening personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee of the franchisee shall telephone the subscriber the next day;

(2)

Franchisee will respond to service interruptions promptly and in no event later than 24 hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than 48 hours after the problem becomes known. All service interruptions, and service problems within the control of franchisee, shall be corrected within 72 hours after receipt of a complaint;

(3)

The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during normal business hours, or at the election and discretion of the subscriber, "all day";

(4)

Franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment; and

(5)

If at any time an installer or technician is running late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer.

Individual subscribers who have experienced a missed installation or service appointments due to the fault of the franchisee shall receive a credit of not less than $20.00. Such individual refund created to an individual subscriber shall not in any manner mitigate any fine that may be imposed by the city pursuant to subsection 22-18(s) herein.

(g)

Disconnection.

(1)

Voluntary disconnection.

a.

A subscriber may terminate service at any time.

b.

Franchisee shall promptly disconnect any subscriber who so requests from the franchisee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any franchisee.

c.

A subscriber may be asked, but not required, to disconnect the franchisee's equipment and return it to the business office.

d.

Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the converter has been recovered by the franchisee. The refund process shall take a maximum of 30 days from the date that the converter or other equipment was returned to franchisee or made available to franchisee for pickup to the date the customer receives the refund.

(2)

Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other fee or charge, the franchisee may disconnect the subscriber's service outlet; however, such disconnection shall not be effected until 35 days after the due date of the monthly subscriber fee or other charge, and ten days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within 35 days of the due date and after notice of disconnection has been given, the franchisee shall not disconnect. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate service.

(3)

Nothing in this chapter shall be construed to prevent the franchisee from removing its property from a subscriber's premises upon the termination of service consistent with FCC rules and regulations and any other applicable law. At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises within 30 calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules.

(h)

Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible and where feasible shall provide 48 hours notice to the city manager and to all subscribers. Notice to multiple dwelling units may be provided to the property manager in lieu of to each individual unit owner.

(i)

Franchisee shall notify the city manager immediately if a service interruption affects 25 or more individual subscribers for a time period greater than four hours.

(j)

Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by franchisee. This badge shall be clearly visible to the public.

(k)

A franchisee shall develop written procedures for the investigation and resolution of all subscriber or city resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be subject to the review and approval by the city manager. A subscriber or city resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the city manager, who will investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. A franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be considered in connection with the franchisee's renewal application. Franchisee shall maintain a complete list of all complaints not resolved within seven days of receipt and the measures taken to resolve them. This list shall be compiled in a form to be approved by the city manager. It shall be compiled on a monthly basis. The list for each calendar month shall be supplied to the city manager no later than the 15th day following the last day of the preceding month. Franchisee shall also maintain a list of all written complaints received, which list will be provided to the City on a quarterly basis.

(l)

To the extent reasonably required to monitor enforcement of this chapter or a franchise agreement, a franchisee shall permit the city designee to inspect and test the system's technical equipment and facilities upon reasonable notice not to be less than 48 hours.

(m)

Franchisee shall abide by the following requirements governing communications with customers, bills and refunds:

(1)

Each franchisee shall provide to subscribers written information in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the subscriber:

a.

How to use the cable service;

b.

Installation and service policies;

c.

The products and services offered;

d.

Prices and service options;

e.

Channel positions of programming carried on the system;

f.

The franchisee's procedures for the receipt and resolution of customer complaints, the franchisee's address and telephone number to which complaints may be reported, and the hours of operation;

g.

The telephone number and address of the city's office and the county's office designated to handle cable television complaints and inquiries;

h.

The availability of a "lock-out" device;

i.

The Franchisee's information, collection, and disclosure policies for the protection of a subscriber's privacy.

(2)

In addition, each franchisee shall provide written notice either in its monthly billing or through two advertisements no smaller than ¼ page in the newspaper with the largest general circulation in the city, at the request of the city, of any city meeting regarding requests or applications by the franchisee for renewal, transfer or modification of its license or change in service, rates or charges to subscribers. If approved by the city in writing, notice may be provided over the cable system in certain instances. The city shall approve such a request no less than 90 days prior to the mailing of any billing by franchisee or 15 days prior to the date that such advertising shall appear. Said notices shall be made at franchisee's expense and said expense shall not be considered part of the franchise fee assessed pursuant to this chapter and shall not be regarded as a franchise fee, as the term is defined in Section 622 of the Communications Act, 47 U.S.C. Section 542.

(3)

Franchisee's bills will be clear, concise and understandable.

(4)

Refund checks will be issued promptly, but no later than the earlier of 30 days or the customer's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the franchisee if service is terminated.

(5)

Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

(6)

A franchisee shall provide subscribers, the city manager, and the city commission with at least 30 days advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of service or services offered over the cable system.

(n)

A franchisee shall provide a pro-rated 24-hour credit to the subscriber's account for any period of four hours or more within a 24-hour period during which a subscriber experienced an outage of service or substantial impairment of service, whether due to a system malfunction or other cause.

(o)

Billing.

(1)

The franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit.

(2)

The franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(3)

The franchisee's billing statement must show a specific due date not earlier than ten days after the date of the beginning of the service period. Any balance not received within ten days after the due date may be assessed an administrative charge. The charge will appear on the following month's billing statement.

a.

Any administrative charge applied to unpaid bills shall be subject to regulation by the city consistent with applicable law.

b.

Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the franchisee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made.

(4)

The franchisee must notify the subscriber that he or she can remit payment in person at the franchisee's office or at such other locations within the city and inform the subscriber of the address of that office.

(p)

A franchisee may not substantially alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise changing the channel offerings) without the express permission of such subscriber, unless it complies with this subsection.

(1)

If a franchisee wishes to alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of services, then the franchisee must provide the subscriber with 30 days notice of such alteration, explain the substance and the full effect of the alteration, and provide the subscriber the right within the 30 days period following notice, to opt to receive any combination of services offered by the franchisee.

(2)

Except as provided herein, no charge may be made for any service or product which the subscriber has not affirmatively indicated, in a manner separate and apart from payment of the regular monthly bill, that he or she wishes to receive.

(q)

Franchisee shall certify in writing to the city on January 1 and July 1 of each year based upon internal due diligence by the franchisee that to the best of franchisee's knowledge it is in substantial compliance with the standards set forth in this section. At the request of the city, the franchisee shall submit such documentation, as may be required, to demonstrate franchisee's compliance with this section. This documentation shall be submitted within 45 days of the franchisee's receipt of the city's request.

(r)

Responsibility for the administration of this chapter and any franchise granted hereunder and for the resolution of all complaints against a franchisee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order refunds or fees, is hereby delegated to the city manager, which is empowered, among other things, to settle, or compromise any controversy arising from operations of the franchisee, in accordance with the best interests of the public. In cases where requests for service have been ignored or in cases where the service provided is unsatisfactory for whatever reason, the city manager shall have the power to require the franchisee to provide service if in the opinion of the city manager such request for service is reasonable. Provided, that any person aggrieved by a decision of the city manager, including the franchisee, may appeal the matter to the city commission for hearing and determination. The city commission may accept, reject or modify the decision of the city manager. No adjustment, settlement, or compromise, whether instituted by the city manager or by the city commission shall be contrary to the provisions of this chapter or any franchise agreement issued pursuant to this chapter, and neither the city manager nor the city commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of this chapter or of the franchisee.

(s)

(1)

In addition to the powers delegated in subsection (r) above, the city manager shall have the authority to assess fines against a franchisee for any violation of this chapter or any franchise issued pursuant to this chapter, which fines will be paid to the city. Any interest and/or late charges paid by franchisee is intended to be a charge incidental to the enforcing of a franchise within the meaning of Section 622(g)(2)(D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the franchise fee imposed by this chapter or any franchise agreement or otherwise credited against any fee or tax imposed by any governmental entity.

(2)

In assessing fines against a franchisee, the city manager shall be governed by the schedule set out below. Unless otherwise indicated, the fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation.

SCHEDULE OF FINES
Single Violation Of:	Maximum Fines
Section (a), hereof.	$100.00
Section (b), hereof.	$100.00
Section (c), hereof.	$100.00
Section (d), hereof., per quarter	$100.00
Section (e), hereof.	$100.00
Section (f), hereof.	$100.00
Section (g), hereof.	$100.00
Section (h), hereof.	$100.00
Section (j), hereof.	$100.00
Section (k), hereof.	$100.00
Section (l), hereof.	$100.00
Section (m)(1)(a)—(i) hereof with bill, per month billing cycle	$100.00
Section (m)(2), hereof.	$100.00
Section (m)(3)—(m)(6), hereof.	$100.00
Section (n), hereof.	$100.00
Section (o), hereof.	$100.00
Section (p), hereof.	$100.00
Section (q), hereof.	$1000.00

 

(4)

For the purpose of assessing and calculating refunds and fines for violations of this section with respect to multiple dwelling units, each individual unit shall be counted as a subscriber. However, any and all refunds with respect to services provided pursuant to a bulk agreement shall be remitted by the franchisee to the party to the bulk agreement, rather than to individual subscribers. Refunds due to subscribers for service purchased on an individual basis shall be remitted directly by the company to each individual subscriber.

(5)

Prior to ordering a refund and/or assessing a fine, the city manager shall mail the franchisee written notice by certified or registered mail of the proposed refund and/or fine, specifying the violation at issue. The franchisee shall have ten days from the date of receipt of the written notice to file a written response to the city manager's notice. Franchisee's written response shall be signed by management level personnel of franchisee and all statements contained therein will be regarded as material representations to the city.

(6)

Prior to ordering a refund and/or assessing a fine, the city manager shall consider any justification or mitigating factor advanced in franchisee's written response, including but not limited to rebates or credits to the subscriber or a cure of the violation. The city manager may, after consideration of the response of the franchisee, waive or reduce any proposed refund or fine.

(7)

Subsequent to the notice of proposed refund and/or fine to franchisee and consideration of the franchisee's response, if any, the city manager may issue an assessment of refund or fine. The refund and/or fine shall be paid within 30 days of written notice to the franchisee. This refund and/or fine shall constitute liquidated damages to the subscriber and city for the violation and the city may enforce payment of the refund or fine in any court having jurisdiction. It is the intent of the city to determine fines/refunds as a reasonable estimate of the damages suffered by the city and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages difficult to measure.

(8)

Franchisee may appeal any decision of the city manager directly to the city commission within 30 days of notice of the decision to the franchisee.

(9)

Any person who intentionally files a false complaint against a franchisee shall be subject to a fine in the amount of $50.00 for the first violation and $100.00 for each subsequent violation.

(10)

Intentional misrepresentation by a franchisee in any response to a notice of proposed refund and/or fine shall be grounds for revocation of the franchise.

(t)

In addition to complying with the customer service standards set forth in this chapter or in any franchise issued pursuant to this chapter, a franchisee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable Federal, state or county law concerning customer service standards, consumer protection, and unfair or deceptive trade practices.

(u)

The city expressly reserves the right to consider violations of the customer service requirements by a franchisee in deciding whether to enter into a franchise agreement, grant a franchise renewal, modification or consent to a transfer.

(v)

The city expressly reserves the right to impose and enforce customer service obligations on any cable franchisee providing internet service to subscribers in the city. The city shall provide a franchisee with not less than 30 days notice of the city's intent to adopt customer service standards applicable to internet service and shall provide franchisee with an opportunity to comment on the specific proposal to be considered.

(Ord. No. 2001-3289, § 18, 1-10-01)