5.52.050 Minimum consumer protection and service standards

5.52.050 Minimum consumer protection and service standards.

1. Except as otherwise provided in the franchise agreement, grantee shall maintain the necessary facilities, equipment and personnel to comply with the following consumer protection and service standards under normal conditions of operation:

a. Sufficient toll-free telephone line capacity during normal business hours to assure that telephone calls shall be answered before the fourth ring; telephone answer time by a customer service representative, including wait time, shall not exceed thirty seconds; and callers needing to be transferred shall not be required to wait more than thirty seconds before being connected to a service representative. Under normal operating conditions, a caller shall receive a busy signal less than three percent of the time.

b. Emergency toll-free telephone line capacity on a twenty-four hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day;

c. A conveniently located local business and service and/or payment office open during normal business hours at least eight hours daily, and at least four hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints. The grantee may petition the grantor to reduce its business hours if the extended hours are not justified by subscriber demand;

d. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunction on a twenty-four hour per day basis;

e. An installation staff, capable of installing service to any subscriber requiring a standard installation within seven days after receipt of a request, in all areas where trunk and feeder cable have been activated. “Standard installations” shall be those that are located up to one hundred twenty-five feet from the existing distribution system, unless otherwise defined in any franchise agreement;

f. Grantee shall schedule, within a specified four hour time period during normal business hours, all appointments with subscribers for installation of service, service calls and other activities at the subscriber location. Grantee may schedule installation and service calls outside of normal business hours for the express convenience of the customer. Grantee shall not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. 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 shall be contacted and the appointment rescheduled, as necessary, at a time which is convenient for the customer

2. The standards of subsections A1a through f above shall be met not less than ninety percent of the time measured on a quarterly basis.

1. Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible, Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the cable system, preferably between midnight and six a.m. local time.

2. The grantee shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames:

a. For a system outage: within two hours, including weekends, of receiving subscriber calls or requests for service which by number identify a system outage of sound or picture of one or more channels, affecting at least ten percent of the subscribers of the system;

b. For an isolated outage: within twenty-four hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one or more channels that affects three or more subscribers. On weekends, an outage affecting fewer than three subscribers shall result in a service call no later than the next business day;

c. For inferior signal quality: within two business days of receiving a request for service identifying a problem concerning picture or sound quality.

3. Grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notification of arrival.

4. Grantee shall not charge for the repair or replacement of defective or malfunctioning equipment provided by grantee to subscribers, unless the defect was caused by the subscriber.

5. Unless excused, grantee shall determine the nature of the problem within two business days of beginning work and resolve all cable system related problems within five business days unless technically infeasible.

1. Subscriber 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 and credits.

2. In case of a billing dispute, the grantee shall respond to a written complaint from a subscriber within thirty days.

3. Upon request, grantee shall provide credits or refunds to subscribers whose service has been interrupted for four or more hours. All credits for service shall be issued no later than the customer’s next billing cycle following the determination that a credit is warranted. For subscribers terminating service, refunds shall be issued promptly, but no later than thirty days after the return of any grantee-supplied equipment.

4. Grantee shall provide written information on each of the following areas (i) at the time of the installation of service, (ii) at least annually to all subscribers, and (iii) at any time upon request:

a. Products and services offered; and

b. Prices and options for programming services and conditions of subscription to programming and other services; and

c. Installation and service maintenance policies; and

d. Instructions on how to use the cable service; and

e. Channel positions of programming carried on the system; and

f. Billing and complaint procedures, including the address and telephone number of the grantor office designated for dealing with cable-related issues.

5. Subscribers shall be notified of any changes in rates, programming services or channel positions as soon as possible in writing and in accordance with state and federal law. 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 grantee. In addition, grantee shall notify subscribers thirty days in advance of any significant changes in the information required in Section 5.52.050(C)(4) above.

1. Upon ten days prior written notice, grantee shall respond to a request for information made by grantor regarding grantee’s compliance with any or all of the standards required in Section 5.52.050(A), B and C above. Grantee shall provide sufficient documentation to permit grantor to verify grantee’s compliance.

2. A repeated and verifiable pattern of noncompliance with the consumer protection standards of Sections 5.52.050(A) through C above, after grantee’s receipt of due notice and a reasonable opportunity to cure, may be deemed a material breach of the franchise agreement.

1. Grantee shall establish written procedures for receiving, acting upon and resolving subscriber complaints without intervention by the grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber’s grounds for dissatisfaction. Grantee shall file a copy of these procedures with grantor. The written procedures shall include a requirement that grantee respond to any written complaint from a subscriber within thirty days of receipt.

2. Upon prior written request, grantor shall have the right to review grantee’s response to any subscriber complaints in order to determine grantee’s compliance with the franchise requirements, subject to the subscriber’s right to privacy.

3. Subject to applicable law, it shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to the grantee are honored. In the event that the grantee elects to rebuild, modify or sell the system, or the grantor gives notice of intent to terminate or not to renew the franchise, the grantee shall act so as to ensure that all subscribers receive cable service so long as the franchise remains in force.

4. In the event of a change of control of grantee, or in the event a new operator acquires the system, the original grantee shall cooperate with the grantor, new grantee or operator in maintaining continuity of service to all subscribers. During such period, grantee shall be entitled to the revenues for any period during which it operates the system.

1. In the event grantee fails to operate the system for seven consecutive days other than for reasons beyond the control of grantee, without prior approval or subsequent excuse of the grantor, the grantor may, at its sole option, operate the system or designate an operator until such time as grantee restores service under conditions acceptable to the grantor or a permanent operator is selected. If the grantor should fulfill this obligation for the grantee, then during such period as the grantor fulfills such obligation, the grantor shall be entitled to collect all revenues from the system, and the grantee shall reimburse the grantor for all reasonable costs or damages in excess of the revenues collected by grantor that are the result of grantee’s failure to perform.

2. All officers, agents or employees of grantee or its contractors or subcontractors who, in the normal course of work come into contact with members of the public or who require entry onto subscribers’ premises shall carry a photo-identification card in a form approved by grantor. Grantee shall account for all identification cards at all times. Every vehicle of the grantee or its major subcontractors shall be clearly identified as working for grantee.

3. Additional service standards and standards governing consumer protection and response by grantee to subscriber complaints not otherwise provided for in this chapter may be established in the franchise agreement or by separate ordinance. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise; provided, that grantee shall receive due process, including prior written notification and a reasonable opportunity to cure, prior to any sanction being imposed. (Ord. 98-09 § 1, 1998)