Customer service requirements

(a)

A licensee shall at a minimum maintain all parts of its system in good condition and in accordance with FCC standards. Sufficient employees shall be retained to provide safe service for all of its customers and facilities as set forth in this chapter and a license agreement. The customer service requirements set forth herein are applicable to all services subject to the chapter. Licensee's failure to comply with this subsection shall result in a refund order in the amount of a subscriber's monthly bill, and a fine in the amount of $525.00, per violation, per day or part thereof that the violation continues.

(b)

A licensee shall maintain at least two conveniently located business offices and/or service centers within the city limits, unless licensee offers free pick-up and delivery of rental equipment, in which case licensee shall maintain at least one such location. This business office shall be open at minimum from 8:00 a.m. to 6:00 p.m., Monday through Friday, and 8:30 a.m. to 5:00 p.m. on Saturday. Further, licensee shall locate, staff, operate and maintain said office(s) so as to provide all subscribers, including but not limited to those subscribers who may be elderly, disabled or otherwise impaired, with access to its office. The office shall make available for all customers 1) parking within reasonable proximity of the office and 2) sufficient covered waiting areas and adequate seating capacity in an air-conditioned space. Such office must have adequate counter personnel to keep wait time to an average of ten minutes or less. Licensee's failure to comply with this subsection, under normal operating conditions, shall result in a fine in the amount $315.00 per violation, per day or part thereof that the violation continues.

(c)

Licensee shall maintain a listed local, toll-free telephone number under the name by which licensee is doing business in the city, 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 licensee on a full-time basis, 24 hours per day, seven calendar days per week including holidays. Knowledgeable, qualified licensee representatives shall be available to respond to customer telephone inquiries, 24 hours per day, seven days per week including holidays in, at minimum, English, Spanish and Creole languages. Licensee's failure to comply with this subsection shall result in a refund order in the amount of a subscriber's monthly bill, and a fine in the amount of $315.00, per violation, per day or part thereof that the violation continues.

(d)

Licensee 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 except for the period from 12:00 a.m. to 6:00 a.m., where a licensee and the city have mutually agreed in writing to an alternative standard measured on a quarterly basis. Licensee shall employ automatic call distribution technology, or its equivalent, to compile and generate the information required to establish compliance with these standards. Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(e)

A licensee shall employ and maintain sufficient qualified personnel and equipment to be available to:

(1)

Accept payments;

(2)

Exchange or accept converters or other equipment;

(3)

Receive subscriber complaints or requests for service or repairs on a full-time basis, 24 hours per day, seven days per week;

(4)

Initiate service installations, undertake normal repairs, initiate action with respect to any subscriber service complaints within 24 hours;

(5)

Enable a service technician to respond to service calls 24 hours per day, seven days a week including holidays when more than 25 subscribers served from the same nearest active electronic device, such as an amplifier or node, call with the similar complaint.

Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(f)

Licensee must meet each of the following standards no less than 95 percent of the time under normal operating conditions as measured on a quarterly basis:

(1)

Standard installation work shall be performed within seven calendar days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven calendar day period. If scheduled installation is neither started nor completed as scheduled, the subscriber shall be telephoned by an employee of the licensee the same day. Evening personnel shall also attempt to call subscribers at home between the hours of 5:30 p.m. and 8:00 p.m. on the day prior to any appointment as a reminder of scheduled installation work. If the call to the subscriber is not answered, an employee of the licensee shall telephone the subscriber the next day.

(2)

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

(3)

The appointment window alternatives made available for installations, service calls, repairs, and other installation activities shall 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." These options shall be clearly explained to the customer at the time of scheduling.

(4)

Licensee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.

(5)

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

(6)

Licensee's failure to comply with this subsection shall result in a bill credit in an amount prorated on a daily basis, with a minimum of one day, and a fine in the amount of $315.00, per violation, per day or part thereof that the violation continues.

(g)

Subscribers who have experienced two missed installation or service appointments due to the fault of licensee shall receive installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit on the next bill of not less than $20.00. Licensee's failure to comply with this subsection shall result in a fine in the amount of $105.00 per violation, per day or part thereof that the violation continues.

(h)

Disconnection.

(1)

Voluntary disconnection.

a.

A subscriber may terminate service at any time.

b.

A licensee shall promptly disconnect any subscriber who so requests from the cable system of the licensee. No period of notice prior to voluntary termination of service may be required of subscribers by any licensee. So long as the subscriber returns equipment within five business days of the disconnection, no charge may be imposed by any licensee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request.

c.

A subscriber may be asked, but not required, to disconnect the equipment of the licensee and return it to the business office, subject to subsection b. above.

d.

Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after any customer premises equipment including all converters but excluding wiring have been recovered by the licensee. The refund process shall take a maximum of 45 calendar days from the date equipment is returned to licensee 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 licensee may disconnect the service outlet of the subscriber; however, such disconnection shall not be effected until 35 calendar days after the due date of the monthly subscriber fee or other charge, and ten calendar days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within 35 calendar days of the due date and after notice of disconnection has been given, the licensee 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 licensee shall reinstate service as soon as practicable. Licensee reserves the right to deny service to any customer who has been repeatedly disconnected for non-payment of services to the extent such rights are consistent with applicable state and federal law.

(3)

With respect to any disconnection, whether requested or involuntary, a licensee shall comply with the rules and regulations of the FCC and applicable law with respect to ownership, sale, removal and abandonment of home wiring. Failure to comply with such rules including, but not limited to providing applicable notice to subscribers and property owners shall be considered a violation of this chapter.

(4)

Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(i)

Licensee shall intentionally interrupt service only for good cause and for the shortest time possible and shall use its best efforts to minimize the number of service interruptions between 6:00 p.m. and 11:00 p.m. Licensee shall maintain a written log for all intentional service interruptions and all other service interruptions. Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(j)

Licensee shall notify the city manager or designee immediately if a service interruption affects fifty or more subscribers for a time period greater than one hour. The city manager, in his or her discretion, shall establish appropriate methods for the notification required herein, including any procedures for notification after normal business hours. Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(k)

Licensee shall cause all of its field employees to wear a picture identification badge indicating employment by licensee. This badge shall be clearly visible to the public. All company vehicles shall display the company name, telephone number and logo, if any, in a manner clearly visible to the public. Contractor vehicles shall display the contractor name, telephone number, contractor license number, if applicable, as well as the cable operator's name. Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(l)

A licensee 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 procedures of the licensee may file a written complaint with the office of the city manager, who shall investigate the matter and, in consultation with the licensee as appropriate, attempt to resolve the matter. The good faith or lack thereof of the licensee in attempting to resolve subscriber and resident complaints in a fair and equitable manner shall be considered in connection with the renewal application of the licensee. Licensee shall maintain a complete list of all complaints not resolved within three calendar days of receipt and the measures taken to resolve those complaints. This list shall be compiled in a form to be approved by the city. It shall be compiled on a monthly basis. The list for each calendar month shall be supplied to the city no later than the 15th day of the next month. Licensee shall also maintain a list of all complaints received, which list shall be provided to the city within three calendar days of request by the city manager or designee, as part of an inquiry by the city regarding licensee's compliance with this section. Licensee's failure to comply with this subsection shall result in a fine in the amount of $525.00 per violation, per day or part thereof that the violation continues.

(m)

Licensee shall permit the city designee to inspect and test the technical equipment and facilities of the system upon reasonable notice not to be less than 72 hours, except in an emergency. Licensee's failure to comply with this subsection shall result in a fine in the amount of $525.00 per violation, per day or part thereof that the violation continues.

(n)

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

(1)

Each licensee 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 maintenance policies;

c.

All products and services offered;

d.

Prices and service options;

e.

Channel positions of programming carried on the system;

f.

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

g.

The telephone number and address of the city, and as required by county ordinance, the county office designated to handle cable complaints and inquiries shall be printed on the back of the bill. The information shall be placed so as to not be confused with similar information for licensee or the county;

h.

The availability and costs of a "lock-out" device and other parental control mechanisms;

i.

The information of the licensee, collection, and disclosure policies for the protection of the privacy of the subscriber.

j.

Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(2)

In addition, each licensee shall provide written notice in its monthly billing, at the request of the city, of any events or public service announcements. The city shall make such a request in writing, with reasonable notice prior to the mailing of any billing by licensee, such that licensee's regular billing cycle shall not be interrupted. City shall pay printing costs and incremental postage expenses for said notices. Licensee's failure to comply with this subsection shall result in a fine in the amount of $525.00 per violation, per day or part thereof that the violation continues.

(3)

Licensee bills shall be clear, concise and understandable to subscribers. Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(4)

Credits for service shall be issued no later than the next billing cycle of the customer following the determination that a credit is warranted. Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(5)

A licensee shall provide subscribers, the city commission, and the city manager with at least 30 calendar 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 whenever practicable. Licensee's failure to comply with this subsection shall result in a fine in the amount of $210.00 per violation, per day or part thereof that the violation continues.

(o)

Upon a subscriber's request, a licensee shall provide a credit to the account of the subscriber, prorated on a daily basis, with a minimum of one day, for any period of two hours or more within a 24 hour period during which a subscriber experienced an interruption of service or substantial impairment of service, whether due to a system malfunction or other cause within the licensee's control. No refunds shall be due for service interruptions directly related to a rebuild, upgrade or routine maintenance of the cable system which is planned, noticed properly to the city and subscribers, and occurs during a time other than between 6:00 p.m. and 11:00 p.m. and lasts for four hours or less. Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(p)

Billing.

(1)

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

(2)

The billing statement of the licensee must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Invoices shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(3)

Any balance not received within ten calendar days after the due date may be assessed an administrative charge not to exceed the average actual fixed and variable cost to administer a delinquent account, subject to applicable law, except that a late charge of not more than five dollars shall be presumed to comply with this subsection. The charge shall appear on the billing statement of the following month. In the event it is determined that a licensee has assessed a late fee in violation of this section, licensee shall pay to subscribers that amount which is ordered by a governmental or judicial body which has properly asserted jurisdiction. Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the licensee, 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 licensee must notify the subscriber that payment can be remitted in person at the office of the licensee in the city and inform the subscriber of the address of that office where payment can be made.

(5)

Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(q)

Except as incident to a rebuild of the cable system, a licensee may not substantially alter the service being provided to a subscriber (including by retiering, restructuring a tier or otherwise) without the express permission of such subscriber, unless it complies with this subsection.

(1)

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

(2)

Except as provided under applicable federal, state, or local law, 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 the subscriber wishes to receive.

(3)

Licensee's failure to comply with this subsection shall result in a fine in the amount of $315.00 per violation, per day or part thereof that the violation continues.

(r)

If the city reasonably questions a licensee's compliance with any provision of this section, the city may request that the licensee certify in writing to the city, based upon internal due diligence by the licensee, that to the best of knowledge of the licensee it is in compliance with the standards set forth in this section; provided, however, that the city specifically shall identify the performance of licensee that is questioned, and requests certification not more often than semi-annually. At the request of the city, in the event of a discrepancy between the reports provided to the city pursuant to this section and the certification required herein, the licensee shall submit such documentation as may be required to demonstrate compliance with this section. This documentation shall be submitted within 30 calendar days of the receipt by the licensee of the city's request.

(s)

Responsibility for the administration of this chapter, and any license granted pursuant to this chapter, and for the resolution of all complaints against a licensee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order refunds or fines, is hereby delegated to the city manager, who is empowered, among other things, to settle, or compromise any controversy arising from operations of the licensee, on behalf of the city, 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 or designee, hereafter referred to jointly as city manager, shall have the power to require the licensee to provide service, if in the opinion of the city manager or designee such request for service is reasonable. Any person aggrieved by a decision of the city manager, including the licensee, 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 license 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 license, or to interfere with any rights of subscribers or any licensee under applicable federal, or state law or private contract.

(t)

(1)

In addition to the powers delegated in subsection 11-18(s) above, the city manager shall have the authority to order credits from a licensee to individual cable subscribers who have submitted a written complaint to the city and to assess fines against a licensee for any violation of this chapter or any license issued pursuant to this chapter, which fines shall be paid to the city.

(2)

In ordering credits to cable subscribers, the city manager shall be governed as set forth throughout this section, in which the refund indicated is expressed as a percentage of the monthly bill of the subscriber. The credits set forth are to be made on a per violation basis with each day of a continuing violation constituting a separate violation. The credit ordered by the city manager pursuant to this section shall not exceed 100 percent of a monthly bill of the subscriber, unless a violation has continued at least 30 calendar days from the date first reported to the licensee.

(3)

The fines set forth in this section are to be assessed on a per violation basis, with each day of a continuing violation constituting a separate violation. Where a credit required by this section is not possible because service has been terminated, licensee shall issue a refund to the former subscriber for the appropriate amount, provided that the licensee can locate the former subscriber after using reasonable efforts to do so.

(4)

Prior to ordering any credit and/or assessing a fine pursuant to this chapter, the city manager shall mail to the licensee a written notice, by hand delivery or certified or registered mail, of the proposed credit and/or fine, specifying the violation at issue. The licensee shall have ten calendar days from the date of receipt of the written notice to demonstrate the violation has been cured or to file a written response to the notice of the city manager describing the plan to cure. In the sole discretion of the city manager, a fine, credit or refund may be waived, if the issue has been cured or the city manager believes the issue will be cured according to the proposed plan. Written response of the licensee shall be signed by management level personnel of licensee and all statements contained therein shall be regarded as material representations of the licensee to the city.

(5)

Prior to ordering a credit, refund and/or assessing a fine, the city manager shall consider any justification or mitigating factor advanced in the written response of the licensee, 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 licensee, waive or reduce any proposed credit, refund and/or fine. In the case of a complaint from a single subscriber or a violation of this chapter or any license issued pursuant to this chapter in which only a single subscriber has been affected, the city manager may not assess any fine if the licensee has reasonably resolved the complaint or cured the violation within a reasonable time frame not to exceed ten calendar days. However, said subscriber may be entitled to a credit as provided herein.

(6)

Subsequent to the notice of proposed credit, refund and/or fine to licensee and consideration of the response of the licensee, if any, the city manager may issue an assessment of credit, refund and/or fine. The credit, refund and/or fine shall be paid within 30 calendar days of written notice to the licensee. If said credit, refund and/or fine is not paid by licensee in the next bill cycle or within such 30-day period, as the case may be, the city may, at its discretion, withdraw immediately the amount thereof from the security fund. Upon such withdrawal, the city shall notify licensee of the withdrawal amount, after which licensee shall have ten calendar days from the date of such notice to deposit in the security fund an amount sufficient to restore the security fund to the amount specified in the license agreement. This credit, refund and/or fine shall constitute liquidated damages to the subscriber and city for the violation and the city may enforce payment of the credit, refund and/or fine in any court having jurisdiction. It is the intent of the city to determine fines 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.

(7)

Licensee may appeal any decision of the city manager directly to the city commission within 30 calendar days of notice of the decision to the licensee.

(8)

Intentional misrepresentation by a licensee in any response to a notice of proposed credit, refund and/or fine, whether oral or written, shall be considered a material breach of the license agreement, subject to a penalty of no less than $5,250.00 in liquidated damages to the city, and shall be grounds for license revocation.

(9)

In addition to complying with the customer service standards set forth in this chapter or in any license issued pursuant to this chapter, a licensee shall, at minimum, 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.

(10)

The city expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any license agreement.

(Ord. No. 11936, § 3, 6-8-00; Ord. No. 13142, § 6, 2-11-10)