§ 38.5.13. Consumer protection and customer service provisions.

(a)

Rights of Individuals. Each grantee shall construct, install, maintain and operate its cable system so as to protect the privacy rights of each subscriber and user in accordance with the Cable Act as amended and the FCC rules and regulations promulgated thereunder.

(b)

Consent for Installation. No cable line, wire, amplifier, converter, or other piece of equipment owned by any grantee shall be installed by grantee in the subscriber's premises, other than in appropriate easements, without first securing any required consent. If a subscriber requests service, permission to install upon subscriber's property shall be presumed.

(c)

Notification To Subscribers.

(1)

Each grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request.

(A)

Products and services offered;

(B)

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

(C)

Installation and service maintenance policies;

(D)

Instructions on how to use the cable service;

(E)

Channel positions of programming carried on the system;

(F)

Billing and complaint procedures, including the address and telephone number of the local franchise authority's cable office;

(2)

Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of a grantee. In addition, each grantee shall notify subscribers a minimum of thirty (30) days in advance of any significant changes in the other information required by Subparagraph (c)(1) of this Subsection.

(d)

Subscriber Billing.

(1)

Subscriber bills will be clear, concise and understandable. Bills 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.

(2)

In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within thirty (30) days.

(3)

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

(4)

Refund checks will be issued promptly, but no later than either:

(A)

The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or

(B)

The return of the equipment supplied by the grantee if service is terminated.

(e)

Telephone Service.

(1)

Each grantee shall maintain a local, toll-free or collect call telephone customer service number which will be available to its subscribers twenty-four (24) hours a day, seven days a week.

(A)

Trained representatives will be available to respond to subscriber telephone inquiries during normal business hours.

(B)

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 representative no later than the next business day.

(2)

Under normal operating conditions, the telephone answer time by a customer service representative, including wait time, shall not exceed thirty (30) seconds 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.

(3)

Under normal operating conditions, the subscriber will receive a busy signal less than three percent of the time.

(f)

Installations, Outages and Service Calls.

(1)

Under normal operating conditions, each of the following four standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis:

(A)

Standard installations will be performed within seven business days after an order has been placed. "Standard" installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system.

(B)

Excluding conditions beyond its control, a grantee will begin working on "service interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. A grantee must begin actions to correct other service problems the next business day after notification of the service problem.

(C)

The "appointment window" alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four hour time block during normal business hours. A grantee may schedule service calls and other installation activities outside normal business hours for the express convenience of the subscriber.

(D)

No grantee may cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.

(2)

If a grantee's representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, the subscriber will be contacted. The appointment will be rescheduled, as necessary at a time which is convenient for the subscriber.

(g)

Subscriber and User Fees.

(1)

By accepting a franchise granted pursuant to the terms and conditions imposed by this Chapter, each grantee agrees that the City shall have the authority and right to cause the fees for regular subscriber service, and all other subscriber and user services to the extent permitted by law or FCC rules and regulations, to conform to the provisions contained herein.

(2)

Each grantee shall establish rates for its service categories that shall be applied fairly and uniformly to all subscribers in the franchise area.

(3)

Each grantee shall maintain and file with the City a complete schedule of subscriber rates including all fees and charges for services. The grantee shall notify the City at least thirty (30) days prior to any change in rates.

(h)

Rights to Amend Requirements and Standards. The City reserves the right to amend this Chapter to incorporate customer service requirements or consumer protection standards that exceed the standards set by the FCC, if such standards are deemed to be more beneficial to the City's residents, and every franchise awarded shall be subject to such reserved power whether or not such franchise is expressly conditioned thereon. The City shall provide all grantees with ninety (90) days written notice of any such amendment, and an opportunity to make comments thereon. All such amendments shall be adopted by ordinance.

(Ord. 6-2000 § 2 (part))