Title 13 - Streets and Sidewalks

13.50.140 Technical Standards and Customer Service Practices.

1. A.
   General Technical Standards and Customer Service Practices.

   1. 1.
      To the extent set forth herein this Code incorporates Cable Service technical standards and establishes customer service practices that every Cable Franchisee must satisfy.
   2. 2.
      Every Cable Franchisee shall maintain such equipment and keep such records as required to comply with all customer service and technical standards required by these regulations and other applicable laws. The Cable Franchisee shall at all times assist and cooperate with Grantor in explaining, interpreting and understanding such records or reports.
2. B.
   Test and Compliance Procedure. Tests for a Cable System shall be performed periodically in a manner so as to conform with FCC specifications. The tests may be witnessed by representatives of the City and written test reports shall be made available to the City upon request. If any test locations fail to meet the performance standards, the Cable Franchisee shall be required to indicate what corrective measures have been taken and shall have the site retested.
3. C.
   Cable System Office Hours and Telephone Availability.

   1. 1.
      Every Cable Franchisee shall maintain a conveniently located customer service center, which shall include a place where Subscribers may pay their bills, pick up and return converter boxes and comparable items and receive information on the Cable Franchisee and its services. Such service center shall be open at least during Normal Business Hours. Cable Franchisee shall also maintain a publicly listed tollfree or local telephone line that is available to Subscribers twenty-four (24) hours a day, seven (7) days a week.
   2. 2.
      Every Cable Franchisee shall have Trained Company Representatives available to respond to Subscriber telephone inquiries during Normal Business Hours.
   3. 3.
      After Normal Business Hours, the telephone 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 Representative on the next business day.
   4. 4.
      Under Normal Operating Conditions, telephone answer time by a Trained Customer Service representative or automated response unit, including wait time, shall not exceed thirty (30) seconds when the connection is made. If a call must be transferred, transfer time shall not exceed thirty (30) seconds. Under Normal Operating Conditions, these standards shall be met no less then ninety percent (90%) of the time, measured on a quarterly basis.
   5. 5.
      Under Normal Operating Conditions, a Cable Franchisee shall establish an inbound telephone system upon which Subscribers shall not receive a busy signal more than three percent (3%) of the time.
   6. 6.
      A Cable Franchisee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply.
4. D.
   Service Calls and Installations. Under Normal Operating Conditions, each of the following standards must be met no less than ninety-five percent (95%) of the time as measured on a quarterly basis:

   1. 1.
      Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard Installations" are those that are located up to 125 feet from the existing distribution system.
   2. 2.
      The appointment window alternatives for installations, service calls, and other installation activities, will be either a specific time or, within a maximum four (4) hour time block during Normal Business Hours. The Cable Franchisee may schedule service calls and other installation activities outside of Normal Business Hours for the express convenience of a Subscriber, if so requested.
   3. 3.
      A Cable Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment.
   4. 4.
      If a Cable Franchisee's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber must be contacted. The appointment must be rescheduled, as necessary, at a time which is convenient for the Subscriber.
5. E.
   Repairs and Interruptions.

   1. 1.
      Under Normal Operating Conditions and excluding conditions beyond the control of a Cable Franchisee, every Cable Franchisee will begin working on Service Interruptions and outages within a reasonable time frame but in no event later than twenty-four (24) hours after the Service Interruption or outage becomes known. The Cable Franchisee must begin actions to correct other service problems on the business day following notification of such service problems.
   2. 2.
      The term "Service Interruption" means the loss of picture or sound on one or more cable channels.
   3. 3.
      Work on service problems, excluding conditions beyond the control of a Cable Franchisee, must begin by the next business day after notification of the problem.
   4. 4.
      Outside repairs to cable plant which cannot be made by the initial service technician dispatched, shall under Normal Operating Conditions be re-scheduled within the next business day after the originally scheduled service call. The Subscriber does not need to be home for outside plant and line repairs.
   5. 5.
      A Cable Franchisee may interrupt service only for good cause and for the shortest time reasonably possible, including interruption for System Upgrade, maintenance and repair. Subject to the reasonable safety precautions for the benefit of the Cable Franchisee's employees and agents, routine maintenance shall occur at times that affect the fewest number of Subscribers, generally between 12:00 A.M. and 6:00 A.M. To the extent that specific neighborhoods will be affected by a planned outage, such as during an upgrade, the Cable Franchisee shall provide advance notice through telephone calls, door hangers and/or other reasonable means.
   6. 6.
      Upon Subscriber request a Cable Franchisee shall provide a credit equivalent to a pro rata of the monthly cable rate for each Service Interruption exceeding four (4) hours in any twenty-four (24) hour period, unless it is demonstrated that the Subscriber caused the outage, or the outage was planned as part of an upgrade or other work that occurred between the hours of 12:00 A.M. and 6:00 A.M., of which the City and the Subscriber received appropriate prior notification. A Subscriber is entitled to a full refund for any disruption to a pay per view event. These credits and refunds shall be made available upon request by Subscriber describing the time, date and nature of the disruption experienced.
   7. 7.
      Technicians capable of performing service related emergency repairs and maintenance must be available twenty-four (24) hours a day, including weekends and holidays.
   8. 8.
      No charge shall be made to a Subscriber for any service call relating to Cable Franchisee owned and Cable Franchisee maintained equipment after the initial installation of Cable Service unless the problem giving rise to the service request can be demonstrated by Cable Franchisee to have been:

      1. a.
         Caused by the negligence, malicious destruction, illegal tampering, or theft of Cable Service or of cable equipment by the Subscriber; or
      2. b.
         A problem established as having been non-Cable System or Cable Service in origin.

A Cable Franchisee may also assess a service charge for service calls in instances where the problem was not caused by the Cable Franchisee.

1.   
   9. 9.
      Cable Drop lines, cable trunk lines, or any other type of outside wiring that comprise part of a Cable Franchisee's Cable System that are located underground, shall be placed in such locations pursuant to City Code, and the surrounding ground shall be restored as close as is practical to its condition immediately prior to such underground construction activity within a reasonable period of time after connection to the Cable System. Except for a Cable Franchisee's maintenance facilities, no Cable Drop line, cable trunk line, or any other type of outside wiring shall be permitted to lay upon the ground for an unreasonable period of time within the City, except for the express purpose of being immediately connected to the Cable System of Cable Franchisee. The requirements of this subsection shall apply to all installation, reinstallation, service or repair commenced by a Cable Franchisee within the City during Normal Operating Conditions.

6. F.
   Disconnections and Downgrades.

   1. 1.
      If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other properly due fee or charge, the Cable Franchisee may disconnect the Subscriber's outlet; provided, however, that such disconnection shall not be effected until after the later of: (i) thirty (30) days after the due date of said delinquent fee or charge; or (ii) fifteen (15) days after delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before expiration of the later of (i) or (ii), the Cable Franchisee shall not disconnect. Provided, however, that this Section does not apply to Subscribers disconnected as a result of insufficient funds.
   2. 2.
      Absent extenuating circumstances, no Subscriber may be disconnected without prior written notice, the above notification of intent to disconnect in subsection 13.50.140.F.1 above shall satisfy this notice requirement. Provided, however, that no such prior notification requirement shall apply to disconnections for theft of service, or other violations of law.
   3. 3.
      No Subscriber may be disconnected for non-payment if payment of outstanding balances is made before the scheduled date for disconnection, up to and including the last business day before the scheduled disconnection.
   4. 4.
      No Subscriber may be disconnected due to a Cable Franchisee's failure to timely or correctly post payments.
   5. 5.
      Unless requested by the Subscriber, no disconnection requiring a cable service representative on site at a Subscriber's premises may be disconnected outside of Normal Business Hours or on Sundays or holidays.
   6. 6.
      Absent extenuating circumstances, a Cable Franchisee is not required to reconnect a Subscriber with an undisputed outstanding balance.
   7. 7.
      A Cable Franchisee is permitted to refuse orders for premium or "pay per view" services from Subscribers with a record of non-payment.
   8. 8.
      A Cable Franchisee may disconnect Subscriber premises that are responsible for signal leakage in excess of applicable federal limits. A Cable Franchisee may effectuate such disconnection without advance notice, provided that a Cable Franchisee shall immediately notify the Subscriber with door tags and/or telephone calls or other reasonable means. If the source of the signal leakage is remedied, and the Subscriber was not the cause of such leakage the Cable Franchisee shall reconnect the Subscriber at no charge. If the Subscriber was the cause of the signal leakage the Cable Franchisee may charge a reasonable reconnection fee. For purposes of this Section, use of FCC-approved navigation devices does not in and of itself constitute Subscriber caused signal leakage.
   9. 9.
      Subscribers may request disconnection or a downgrade of cable service at any time. A Cable Franchisee may not impose any charge for service delivered after the requested date of disconnection. Notwithstanding the foregoing, a Cable Franchisee may impose a charge for service delivered after the requested date of disconnection if the terms and conditions of subscribing to such service were clearly disclosed to the Subscriber at the time of subscription. As provided under federal law, subscribers may request a downgrade at no charge if made within thirty (30) days of a rate increase.
   10. 10.
       Nothing in this Chapter or Code shall limit the right of a Cable Franchisee to reasonably deny Cable Service to any household or individual which has a negative credit or cable service history with the Cable Franchisee or another Person as verified by a credit reporting agency, which may include non-payment of bills, theft or damage to the Cable Franchisee's or other Person's equipment, outstanding balances, or threats or assaults on employees of the Cable Franchisee in the course of their employment.
7. G.
   Communications Between Cable Franchisee and Subscribers.

   1. 1.
      Notifications to Subscribers:

      1. a.
         Every Cable Franchisee shall provide written information to Subscribers on each of the following topics at the time of installation, at least annually to all Subscribers, and at any time upon request of a Subscriber:

         1. i.
            Product and Services offered;
         2. ii.
            Prices and options for programming Services and conditions of subscription to programming and other Services and facilities.
         3. iii.
            Installation and service maintenance policies;
         4. iv.
            Instructions on how to use Services;
         5. v.
            Channel positions of programming offered on a System; and
         6. vi.
            Billing and Complaint procedures, including the name, address and telephone number of the City.
      2. b.
         Subscribers will be given thirty (30) days advance notice of any changes in rates, programming Services, or Channel positions, if the change is within the control of the Cable Franchisee. All such notices shall be provided in writing by any reasonable means. In addition, the Cable Franchisee shall notify Subscribers thirty (30) days in advance of any significant changes in other information required by this Section. Notwithstanding the foregoing or any provision of this Code to the contrary, a Cable Franchisee shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, Cable Franchise Fee, or any other fee, tax assessment, or change of any kind imposed by any government entity on the transaction between the Cable Franchisee and the Subscriber.
   2. 2.
      Billing.

      1. a.
         Bills must be clear, concise, and understandable. Bills must be fully itemized, including, but not limited to, Basic and premium Service charges and equipment charges.
      2. b.
         Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits.
      3. c.
         In case of a billing dispute, a Cable Franchisee must respond to a written Complaint from a Subscriber within thirty (30) calendar days.
      4. d.
         Credits for Service shall be issued no later than the Subscriber's next billing cycle after determination that the credit is warranted.
   3. 3.
      Late Charges. A Cable Franchisee may impose a monthly fee for any delinquent balance owed by a Subscriber, subject to the following:

      1. a.
         At least ten (10) days before the date the fee is imposed, the Subscriber shall be given written notice, on the face of the bill or by separate notice of:

         1. i.
            The date after which the fee will be imposed if the balance is not paid; and
         2. ii.
            The amount of the fee that will be imposed; and
      2. b.
         The Fee for the delinquent payment shall not exceed the state statutory maximum as may be amended from time-to time.
   4. 4.
      Credits and Refunds. Credit or refund checks will be issued promptly, but no later than either:

      1. a.
         The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or
      2. b.
         The return of equipment supplied by the Cable Franchisee if Cable Services are terminated.
8. H.
   Complaint Log. Subject to the privacy provisions of 47 U.S.C. § 521 et seq., every Cable Franchisee shall prepare as necessary and maintain written records of Complaints made to them and the resolution of such Complaints, including the date of such resolution. For purposes of this requirement all Complaints that result in the dispatch of a service technician shall be individually logged and for all other Complaints the Cable Franchisee may satisfy this requirement by the creation of a periodic written summary of the type of Complaint(s) and where appropriate their resolution. Such Complaint logs and summaries shall be on file at the office of Cable Franchisee for three (3) years, and available for inspection by the City upon request.
9. I.
   Parental Control. Every Cable Franchisee shall make available to any Subscriber upon request a "lockout" device, which may be included within the Converter, for blocking both video and audio portions of any channel(s) of programming entering the Subscriber's premises. Such device shall be provided at a reasonable charge, except to the extent that federal law specifically provides otherwise. A Cable Franchisee may, however, require a reasonable security deposit for the use of such a device.
10. J.
    Service Area.

    1. 1.
       A Cable Franchisee may not discriminate in the build-out of its Cable System to a particular area of the City or provision of cable Service to individual or groups of residents on the basis of race, creed, religion, or economic condition. A Cable Franchisee shall serve all areas of the City with populations of at least ten (10) dwelling units per one quarter (1/4) aerial cable mile, including areas annexed subsequent to the grant of the Franchise, unless otherwise provided by Franchise ordinance. Such line extension requirements may be modified in a Franchise such as where a franchise is granted to a prior existing Cable operator located in an area annexed subsequent to the adoption of this Code, or such other circumstances that are sufficiently unique as determined by the Governing Body as not to create an unfair competitive advantage.
    2. 2.
       Special Agreements. Nothing herein shall be construed to prevent a Cable Franchisee from serving areas not covered under this section upon agreement with developers, property owners or residents.
11. K.
    Customer Service Reporting Requirements. The City may require upon reasonable request that a Cable Franchisee periodically furnish to City semi-annual reports and any other reasonable information relevant to the Cable Franchisee's compliance with the customer Service requirements of this Chapter measured on a quarterly basis to the extent that the Cable Franchisee maintains such reports and information.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901