HomeMy WebLinkAbout09/23/2004
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 23, 2004
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF September 13, 2004
PROCLAMATIONS AND CEREMONIES
Presentation of Ed Pinson Portrait
Physical Therapy Month - October 2004
CITIZENS' RIGHT TO SPEAK
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2. Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
COUNCIL BILL 18-2004 - AN ORDINANCE VACATING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE AND
FLOOD CONTROL EASEMENT.
Item 2.
COUNCIL BILL 19-2004 - AN ORDINANCE AMENDING ORDINANCE
973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER
SERVICE STANDARDS
CITY COUNCIL AGENDA. September 27, 2004
Page -2-
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 3. Acceptance of 2003 Audit
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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PROCLAMATION
PHYSICAL THERAPY MONTH
OCTOBER 2004
WHEREAS, the practice of physical therapy involves a variety of aspects from
injury prevention to general health and fitness to rehabilitation following an injury,
disease or surgery; and
WHEREAS, physical therapy helps improve the quality of life and physical well
being of people of all ages, including cardiac patients, children, athletes and the
elderly; and
WHEREAS, the Colorado Chapter of the American Physical Therapy Association
represents more than 1,000 physical therapists, physical therapist assistants and
physical therapy students in Colorado and promotes the importance of physical
therapy education and research, and
WHEREAS, through physical therapy practice, education and research, physical
therapists are able to prevent disease, promote health, reduce pain and enhance
the quality of life, and
WHEREAS, it is appropriate that we recognize these individuals who dedicate
their time and talent toward enhancing the physical health of the citizens of our
state and thank them for making Colorado an even better and healthier place to
live, work and raise a family
NOW, THEREFORE BE IT RESOLVED THAT, the City of Wheat Ridge does
hereby proclaim OCTOBER 2004 as PHYSICAL THERAPHY MONTH and do
urge all citizens to recognize the significant contributions of these dedicated
professionals.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of
Wheat Ridge this 27th day of September, 2004
~~~
Pam Anderson, City Clerk
, i
ITEM NO. J ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
September 27, 2004
TITLE:
AN ORDINANCE VACATING, IN PART, A DRAINAGE EASEMENT, AND IN
CONNECTION THEREWITH, APPROVING AN AMENDMENT TO THE
RECORDED DRAINAGE AND FLOOD CONTROL EASEMENT
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING
[gJ ORDINANCES FOR 2ND READING (Date. Sept. 27, 2004)
Quasi-Judicial:
o
Yes
~
No
City Attorney
Community Development Director
EXECUTIVE SUMMARY: In 1985, the City acquired a drainage easement for Lena Gulch
flood control improvements, in a location west of Quail Street and south of West 38th
Avenue The easement has proved to be in excess of the actual need Of the original
40,111 square foot easement, the property owner has requested that 4065 square feet be
vacated, in order to accommodate a developable lot The ordinance and attached
amendment to the 1985 easement accomplish this. [Note: The applicant delivered a
letter (attached) to the City on September 22, requesting the hearing be continued.
The recommended motion below does this.]
COMMISSION/BOARD RECOMMENDATION: N/A
STATEMENT OF THE ISSUES: The primary issue is whether this portion of the
easement area is needed for flood control. Attached comments from the Public Works
Department address this issue.
ALTERNATIVES CONSIDERED: The City is under no obligation to vacate any portion of
the easement.
GED\53027\482755,l
FINANCIAL IMPACT: In 1985, the City paid $25,000 for the original easement of 40,111
square feet, or $0 62 per square foot. The amount to be vacated is 4065 square feet. This
number, multiplied by $0 62, yields $2520 30 The property owner has offered to pay
$2,6000 to the City.
RECOMMENDED MOTION: "I move to continue indefinitely the public hearing on Council
Bill No I further move that the hearing may be rescheduled and notice thereof
republished, at the Applicant's request and expense, no later than September 27, 2005
and if not so rescheduled, that the application be deemed withdrawn and the Council Bill
be deemed postponed indefinitely."
OR
"I move to postpone indefinitely Council Bill No.
for the following reasons'
"
Report Prepared by. Gerald Dahl, City Attorney (303) 376-5019
Reviewed by:
Attachments:
1 Ordinance
2. Amendment to Drainage and Flood Control Easement
3 Map showing original and to-be-vacated easement areas
4 1985 Drainage and Flood Control Easement
5 Letter from Howard Noble to Mayor & Council, with attachments
6 Memorandum from Public Works Dept.
7 Letter from Howard Noble; September 22, 2004
cc'
GED\53027\482755 1
13 PM ~ORS1'CH KIRGIS
SEP-22-04 ].lED J3: ! 1 " U
FAX NO, 303346500\
Seplcmhc~. 22, 2004
Wheal Ridge City Council
I(;u'en Be rry
Jerry DiTLlllio
DClIn Gokey
Wanda Sang
KnrCll Adams
Mike Stites
Lena Rotola
Luny Schu!l.
RE: C(Juneil13iII1118-2004. Sec(lnd Reading scheduled ror September 2t\ 2004
Dear COLlneil mClllb~[s.
I would like to rcqU()Sl to eominuc the second reading of this Ordinw1ee and publie
11~~nrillg Ilnd retain tl',.;l right to rcsdwdule within a reasonable period of lime of not more
lhan one Yl:~\r. liul'tlM, if this is not rescheduled within the time period please consider
tile Ordinance [IS withdrawn.
Sincerely
~----
~
Ilowllrd ~ob1c, r.E.
'ISO Whispering Oak Ddve
( ',:5110 Rock, Colorado, 80104
cc;
Gn:tdlcll Cerveny, M,lyor
Julia Waggener, AttOlI\CY
Gerald Duh!, City Altorney
R:mdy YOl.:ng, City Mallllger
M. Ro.:ckcrt, Senior Plilnncr
Willl3nl C. Cook, Quail Cove S\lbdivlsion
p, 02
ITEM NO: Q~ 1
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
September 27, 2004
TITLE:
AN ORDINANCE AMENDING ORDINANCE 973, SERIES 1994,
CONCERNING CABLE TELEVISION CUSTOMER SERVICE
STANDARDS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date: September 13, 2004)
[gJ ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
[gJ
No
C1~~'6
EXECUTIVE SUMMARY:
In May of2004, the Greater Metro Telecommunications Consortium (GMTC) completed preparation
of revised customer service standards governing cable service operations provided by Comcast. The
GMTC is made up of cities and counties within the Metro Denver and surrounding areas.
The purpose of the Standards is to establish uniform requirements for the quality of service cable
operators offer their customers in the metropolitan area. The Standards are subject to change from
time-to-time.
The revised Standards incorporate the Customer Service Obligations published by the Federal
Communications Commission (Section 76.309), April 1993 and customer service standards ofcable
television service providers operating in the metro area. Based upon the assessment of the needs of
the citizens, changes in provider operations, and privacy rights issues, the GMTC modified and created
revised standards specially tailored to members of the GMTC, of wluch the City belongs.
The Standards require the cable operator to post a security fund or letter of credit ensuring Customer
Service. The secunty fund is to be used when the cable company fails to respond to a citizen
complaint that the franchising authority (City of Wheat Ridge) determines is valid, and to provide a
mechanism by which to impose remedies for noncompliance.
Cities/counties who have adopted or are in the process of adopting the revised customer service
standards include: Englewood, Greenwood Village, Sheridan, Arvada, Lakewood, Arapahoe
County, Aurora, Denver, Westminster, Federal Heights, Thornton, Centennial and Lafayette.
COMMISSION/BOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
Comcast strongly opposes the assessment language contained in Section IV F pertaining to daily
penalties for VIOlatIons of the customer service standards (CSS). In summary, Comcast has made the
argument that the franchise agreement governs how violations are to be addressed, and that there is no
legal authority to set forth a separate process imposing penalties for violations in the CSS.
It is GMTC's position that the federal law which grants local franchIsing authorities the ability to
impose customer service standards, allows us to set penalties independent ofthe franchise agreement,
and to do so without the cable operator's consent. The possibility that these penaltIes might be
imposed is one of the strongest tools we have to provide the cable operator an incentive not to violate
the standards.
ALTERNATIVES CONSIDERED:
To address Comcast's concerns, staff conSidered rewriting Section IV F (page 18 of the CSS) reducing
or eliminating the maximum assessment of$l ,OOO/per day and ensuring that any assessment imposed
was equivalent to the actual damages incurred by the customer.
SectIon IV F serves solely as a last attempt to impose assessments on the cable operator for multIple,
repeated violations that extend over a long period of time and are not being resolved. The City has the
discretion to impose a lesser assessment, which would occur if Comcast were addressing a violation.
Because of this, Section IV F serves as an incentive for the cable operator to comply with the
Standards. In addition, as a member of the GMTC, it is important to maintain uniformed adoption of
the Standards thereby making us stronger as a regional organization.
In conclusion, staff determined that changes to Section IV F were unnecessary.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to adopt Council Bill No. 19-2004 amending Ordinance 973, Senes 1994, concerning Cable
Television Customer Service Standards, on second reading, an take effect 15 days after final
publication."
or,
"I move to table indefinitely Council Bill No. 19-2004 amending Ordinance 973, Series 1994,
concerning Cable Television Customer Service Standards."
Report Prepared by: Barbara Delgadillo, Assistant to CIty Manager
/bd
Attachments:
1. Council Bill No. 19-2004 along with the Customer Service Standards
cc: Jeff Dolan, Senior Manager, Government Affairs
Comcast
8000 East Iliff Avenue
Denver, CO 80231
Council Report adopt Customer Service Standards
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SCHULZ
Council Bill No. 19 - 2004
Ordinance No
Series of 2004
TITLE: AN ORDINANCE AMENDING ORDINANCE 973, SERIES
1994, CONCERNING CABLE TELEVISION CUSTOMER
SERVICE STANDARDS
WHEREAS, pursuant to Section 15.6{b) of the Wheat Ridge Home Rule
Charter, the City Council of the City of Wheat Ridge (nCity Counciln) is authorized
to establish by ordinance the terms and conditions of cable television franchise
operation within the City, including customer service standards pertaining thereto;
and
WHEREAS, pursuant to this authority and by Ordinance 973, Series 1994,
the City Council previously adopted cable television customer service standards;
and
WHEREAS, the City Council desires to update and amend its cable television
customer service standards to incorporate those standards promulgated by the
Greater Metro Telecommunications Consortium (nGMTcn) on May 20, 2004.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Ordinance 973, Series 1994, is hereby amended by repealing
and reenacting nExhibit 1 n thereto to read in its entirety as Exhibit 1, attached
hereto and incorporated herein by this reference.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability: Conflictinq Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
CNB\53027\484301
ATTACHMENT 1
Section 4. Effective Date. This Ordinance shall take effect fifteen days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to
o on this 13th day of September ,2004, ordered published in full in a
- -
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for September 27 ,2004, at 7:00 o'clock
p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2004.
SIGNED by the Mayor on this
day of
,2004.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: September 16, 2004
Second Publication:
Wheat Ridge Transcript:
Effective Date:
CNB\53027\484301 2
EXHIBIT 1
CNB\53027\484301
3
Greater Metro Telecommunications Consortium
Customer Service Standards
Introduction
The Greater Metro Telecommunications Consortium has created the following Customer Service
Standards (the "Standards") for distribution and adoption by Members. The purpose of the
Standards is to establish uniform requirements for the quality of service cable operators are
expected to offer their customers in the metropolitan area. The Standards are subject to change
from time to time.
The Franchise Authority encourages the Cable Operator to exceed these standards in theIr day-
to-day operations and as such, understands that the Cable Operator may modify their operations
in exceeding these standards.
The Standards incorporate the Customer Service Obligations published by the Federal
Communications CommIssion (Section 76.309), April, 1993 and customer service standards of
cable teleVISIOn service providers operating in the metro area. Based upon the assessment of the
needs of citIzens in the metropolItan area, the GMTC adopted, modified and created standards
specially taIlored to members of the Greater Metro Telecommunications Consortium.
The Standards require the cable operator to post a security fund or letter of credit ensunng
Customer ServIce The secunty fund is to be used when the cable company faIls to respond to a
citizen complamt that the franchising authority determines is valid, and to provide a mechanism
by whIch to Impose remedIes for noncompliance. It IS the sincere hope and mtention of the
GMTC that the security fund will never need to be drawn upon; however, the GMTC believes
that some enforcement measures are necessary.
GREATER METRO TELECOMMUNICATIONS CONSORTIUM
CUSTOMER SERVICE STANDARDS
I. POLICY
The Cable Operator should resolve citizen complaints without delay and mterference from the
Franchising Authonty
Where a gIven complaint is not addressed by the Cable Operator to the CItizen's satisfaction, the
Franchismg Authority should intervene In addition, where a pattern of umemedied complamts
or noncomplIance with the Standards IS Identified, the Franchising Authority should prescribe a
cure and establish a reasonable deadlIne for implementation of the cure If the noncomplIance IS
not cured within establIshed deadlines, monetary sanctions should be imposed to encourage
compliance and deter future non-compliance.
These Standards are intended to be of general applicatIOn, and are expected to be met under
normal operating conditions; however, the Cable Operator shall be relieved of any oblIgations
hereunder if It is unable to perform due to a region-wide natural emergency or III the event of
force majeure affecting a significant portion of the franchise area. The Cable Operator is free to
exceed these Standards to the benefit of its Customers and such shall be considered performance
for the purposes of these Standards.
These Standards supercede any contradictory or inconsistent provision in federal, state or local
law, provided, however, that any provision in federal, state or local law, or in any original
franchise agreement or renewal agreement, that Imposes a higher obligation or requirement than
is Imposed by these Standards, shall not be considered contradictory or inconsistent with these
Standards. In the event of a conflict between these Standards and a Franchise Agreement, the
Franchise Agreement shall control.
These Standards apply to the proVision of any Cable Service, proVided by a Cable Operator over
a Cable System, within the City/County/Town/City and County of
II. DEFINITIONS
When used in these Customer Service Standards (the "Standards"), the following words, phrases,
and terms shall have the meanings given below.
"Adoption" shall mean the process necessary to formally enact the Standards within the
FranchISIng Authority's jurisdictIon under applIcable ordinances and laws.
"Affiliate" shall mean any person or entity that IS owned or controlled by, or under common
ownership or control with, a Cable Operator, and 'provides any Cable Service or Other Service.
"Cable Operator" shall mean any person or group of persons (A) who proVides cable service over
a cable system and directly or through one or more affiliates owns a significant mterest in such
cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the
management and operation of such a cable system.
"Cable Service" shall mean (A) the one-way transmission to subscribers of (i) video
programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is
required for the selection or use of such Video programming or other programmmg service. For
purposes of this definition, "video programming" is programming provided by, or generally
conSidered comparable to programming provided by a television broadcast statIon; and "other
programming service" IS information that a cable operator makes available to all subscribers
generally.
"Cable System" shall mean a facility, consistmg of a set of closed transmission paths and
associated signal generatIOn, receptIon, and control eqUIpment that IS designed to provide cable
service which includes Video programmmg and which is provided to multiple subscribers withm
a community, but such term does not include (A) a facility that serves only to retransmit the
televisions Signals of one or more television broadcast statlOns, or (B) a facilIty that serves
subscribers without using any public nght of way
2
"CIty" ("County") shall mean the City, County or City and County of
, Colorado
"Customer" shall mean any person who receives any Cable ServIce from a Cable Operator.
"Customer Service Representative" (or "CSR") shall mean any person employed With or under
contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by
telephone, writIng service or installation orders, answering customers' questions in person,
receIVIng and processing payments, or performing any other customer service-related tasks.
"Escalated complaint" means a complaint that IS referred to a Cable Operator by the Franchising
Authority.
"Franchising Authority" shall mean the City (County or Town) and/or the Greater Metro
Telecommumcations Consortium.
"Greater Metro TelecommunicatIOns Consortium" or "GMTC" shall mean a Colorado agency
formed by Intergovernmental agreement between its Members, local governmental subdIviSIOns
of the State of Colorado The GMTC may be delegated the authority to enforce cable television
franchises and cable system operations for its Member communities, and may administer any or
all functions under these Standards.
"Information Service" shall mean the offering of a capability for generatIng, acquiring, stonng,
transformIng, processing, retneving, utilizing, or making available Information via
telecommunications, and includes electronic publIshIng, but does not Include any use of any such
capabIlity for the management, control, or operation of a telecommunications system or the
management of a telecommunicatIOns service.
"Necessary" shall mean reqUIred or indispensable.
"Non-cable-related purpose" means any purpose that is not necessary to render, or conduct a
legitimate business actIvity related to a Cable Service or Other Service proVIded by a Cable
Operator to a Customer. Market research, telemarketing, and other marketing of servIces or
products shall be considered Non-cable-related purposes.
"Normal business hours" shall mean those hours during which SimIlar businesses in the
community are open to serve customers. In all cases, "normal business hours" must Include at
least some evening hours one mght per week, and/or some weekend hours.
"Normal operating conditions" shall mean those service conditions whIch are WIthIn the control
of a Cable Operator ConditIOns which are not withIn the control of a Cable Operator Include,
but are not necessarily limited to, natural disasters, civil dIsturbances, power outages, telephone
network outages, and severe or unusual weather conditions. Conditions which are ordInarily
within the control of a Cable Operator include, but are not necessarily limited to, speCIal
promotIOns, pay-per-view events, rate increases, regular peak or seasonal demand periods and
maIntenance or upgrade to the Cable System.
3
"Personally Identlfiable Information" means specific information about a Customer, inc1udmg,
but not be limited to, a Customer's (a) logm information, (b) extent of viewing of video
programmmg or Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses,
(t) medical mformation, (g) bankmg data or information, (h) web browsmg activities, or (i) any
other personal or pnvate informatiOn. "Personally Identifiable Information" shall not mean
aggregate informatlon about Customers which does not identify particular persons, or
mformatlon gathered by a Cable Operator necessary to mstall, repan or service equipment or
Cable System facilities at a Customer's premises.
"Service interruption" or "interruption" shall mean (i) the loss or substantial impairment of
picture and/or sound on one or more cable television channels.
"Service outage" or "outage" shall mean a loss or substantlal impairment in reception on all
channels.
"Town" shall mean the Town of
, Colorado
Any terms not. specifically defined in these Standards shall be given then ordinary meaning, or
where otherwise defined m applicable federal law, such terms shall be interpreted consistent with
those definitions.
III. CUSTOMER SERVICE
A. Courtesy
Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable
and helpful and shall provide effective and satisfactory service in all contacts WIth customers.
B. Accessibility
I Withm sixty (60) days of the effective date of these Standards, a Cable Operator shall proVide,
customer service centers/business offices ("service centers") such that no customer shall be
located further than ten (10) miles away from a service center Except as otherwise approved by
the Franchismg Authority, all service centers shall be open during Normal Business Hours, and
shall be fully staffed with customer service representatives offering the followmg services to
customers who come to the service center bill payment, equipment exchange, processing of
change of service requests, and response to customer inquiries and requests. The Franchising
Authority may approve altematlves for service centers offering lesser services or fewer hours at
any Site to which the public has general access. A Cable Operator shall post a sign at each
service center, advismg customers of itS hours of operation and of the addresses and telephone
numbers at which to contact the Franchising Authority and the Cable Operator if the service
center is not open at the times posted. A Cable Operator shall proVide free exchanges of faulty
equipment at the customer's address if the converter has not been damaged in any manner due to
the fault or negligence of the customer
4
2. A Cable Operator shall maintam local telephone access hnes that shall be available twenty-
four (24) hours a day, seven (7) days a week for service/repaIr requests and billing mquines.
3 A Cable Operator shall have dIspatchers and technicIans on call twenty-four (24) hours a day,
seven (7) days a week, including legal holidays.
4 If a customer servIce telephone call is answered with a recorded message providing the
customer with various menu options to address the customer's concern, the recorded message
must provide the customer the option to connect to and speak with a CSR within sixty (60)
seconds of the commencement of the recording. A Cable Operator shall retain sufficient
customer service representatives and telephone line capacity to ensure that telephone calls to
service/repmr and bIlling mqUlry lines are answered by a customer service representatIve wlthm
thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with
a CSR. These standards shall be met no less than ninety (90) percent ofthe time measured
monthly
5 Under normal operating conditions, a customer shall not receive a busy signal more than three
percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time,
measured monthly.
C. Responsiveness
Guaranteed Seven-Dav Residential Installation
a. A Cable Operator shall complete all standard residential installatIons or modIfications
to service requested by customers within seven (7) business days after the order is placed, unless
a later date for installation is requested. "Standard" residential installations are those located up
to one hundred twenty five (125) feet from the eXlstmg dIstribution system. If the customer
requests a nonstandard residential installatIOn, or the Cable Operator determmes that a
nonstandard residential installation is reqUIred, the Cable Operator shall provide the customer in
advance with a total installation cost estimate and an estImated date of completion.
b All underground cable drops to the home shall be buried at a depth of no less than
twelve inches (12"), or such other depth as may be required by the Franchise Agreement, and
withm no more than one calendar week from the imtial installation, or at a time mutually agreed
upon between the Cable Operator and the customer.
2. Residential Installation and Service Appointments
a. The "appointment window" alternatIves for specific installatIOns, service calls, and/or
other mstallation actiVIties WIll be either a speCIfic time, or at a maximum, a four (4) hour time
block between the hours of 8'00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator
may schedule service calls and other installation activities outside of the above days and hours
for the express convenience of customers.
5
b A Cable Operator may not cancel an appointment wIth a customer after the close of
busmess on the business day prior to the scheduled appointment.
c. If a Cable Operator is runmng late for an appointment with a customer and will not be
able to keep the appomtment as scheduled, the customer will be contacted promptly. The
appointment will be scheduled, as necessary at a time that is convenient to the customer
d. A Cable Operator shall be deemed to have responded to a request for service under the
proviSIOns of this section when a technician arrives within the agreed upon time, and, if the
customer is absent when the technician arrives, the technician leaves written notlficatlOn of
arrival and return time, and a copy of that notification is kept by the Cable Operator In such
clfcumstances, the Cable Operator shall contact the customer within forty-eight (48) hours.
3 ReSIdential Service Interruptions
a. In the event of system outages resulting from Cable Operator equipment failure, the
Cable Operator shall correct such failure withm 2 hours after the 3rd customer call is received.
b All other service mterruptions resulting from Cable Operator eqUlpment failure shall
be corrected by the Cable Operator by the end of the next calendar day
c. Records of Complaints.
i. A Cable Operator shall keep an accurate and comprehensIve file of any
and all complaints regardmg the cable system or its operation of the cable system, in a
manner consistent with the pnvacy rights of customers, and the Cable Operator's actions
in response to those complaints. These files shall remain open to the Franchising
Authonty during normal business hours, and shall be retained by the Cable Operator for a
period of at least three (3) years.
ii. A Cable Operator shall proVIde the FranchIsing Authonty an executive
summary monthly, whIch shall include information concerning customer complaints
referred by the Franchismg Authority to the Grantee and any other requirements of a
Franchise Agreement but no personally identifiable information. A summary of servIce
requests, identifymg the number and nature of the requests and theIr disposItion, shall
also be completed by the Cable Operator for each month and submitted to the FranchIsing
Authonty by the tenth (10th) day of the succeedmg month. Complaints shall be broken
out by the nature of the complaint and the type of Cable service subject to the complaint
A log of all servIce interruptIOns shall be maintained and provided to the Franchismg
Authority quarterly.
d. Records of SerVIce Interruptions and Outages. A Cable Operator shall maintain
records of all outages and reported service interruptlons. Such records shall mdicate the type of
service interrupted. Such records shall be submItted to the Franchising Authority with the
records identlfied m SectIOn 3.c-ii above, and shall be retamed by the Cable Operator for a period
of three (3) years.
6
e. All service outages and interruptions for any cause beyond the control of the Cable
Operator shall be corrected wlthm thirty-six (36) hours, after the conditions beyond its control
have been corrected.
4. TV ReceptlOn
a. A Cable Operator shall proVIde clear televislOn reception that meets or exceeds
technical standards established by the Untted States Federal Communications CommlSSlOn (the
"FCC") A Cable Operator shall render efficient service, make repairs promptly, and interrupt
service only for good cause and for the shortest time possible. Scheduled interruptions shall be
preceded by notice and shall occur dunng periods of mmimum use ofthe system, preferably
between mIdnight and six a.m. (6'00 a.m.).
b If a customer experiences poor video or audio reception attributable to a Cable
Operator's eqmpment, the Cable Operator shall repair the problem no later than the day
following the customer calL If an appointment is necessary, the customer may choose a block of
time described in SectlOn IILC.2.a. At the customer's request, the Cable Operator shall repair the
problem at a later bme convenient to the customer.
5 Problem Resolution
A Cable Operator's customer service representatives shall have the authority to provide credit for
interrupted service or any of the other credits listed in Schedule A, to waive fees, to schedule
service appointments and to change billing cycles, where appropriate. Any difficulties that
cannot be resolved by the customer service representative shall be referred to the appropriate
supervIsor who shall contact the customer within four (4) hours and resolve the problem wlthin
forty eight (48) hours or within such other time frame as is acceptable to the customer and the
Cable Operator.
6. Billing, Credits, and Refunds
a. A Cable Operator shall allow at least thirty (30) days from the beginning date of the
applicable service period for payment of a customer's service bill for that penod. If a customer's
service bill is not paid within that period oftime the Cable Operator may apply an administrative
fee to the customer's account. The administrative fee must reflect the average costs mcurred by
the Cable Operator in attempting to collect the past due payment in accordance WIth applicable
law Ifthe customer's service bllllS not paId WIthin forty-five (45) days of the beginning date of
the applicable service period, the Cable Operator may perform a "soft" disconnect of the
customer's service. If a customer's service bill IS not paid withm fifty-two (52) days of the
begInnmg date of the applicable serVIce penod, the Cable Operator may dIsconnect the
customer's service, provided it has provided two (2) weeks notice to the customer that such
disconnection may result.
b The Cable Operator shall issue a credIt or refund to a customer within 30 days after
determining the customer's entItlement to a credit or refund.
7
c. Whenever the Cable Operator offers any promotional or specially priced servlce(s) its
promotional materials shall clearly Identify and explain the specific terms of the promotIon,
including but not limited to manner m which any payment credIt will be will be applied.
7 Treatment of Property
To the extent that a Franchise Agreement does not contain the following procedures for
treatment of property, Operator shall comply with the procedures set forth in this Section.
a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other
landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator
during installatIOn or constructIon shall be restored to their prior condItion or replaced. Trees and
shrubs shall not be removed without the prior permission of the owner or legal tenant of the
property on which they are located. This prOVIsion shall be m addition to, and shall not
supersede, any requIrement in any franchise agreement.
b A Cable Operator shall, at Its own cost and expense, and in a manner approved by the
property owner and the Franchising Authority, restore any property to as good condition as
before the work causmg such disturbance was initiated. A Cable Operator shall repair, replace or
compensate a property owner for any damage resulting from the Cable Operator's installatIOn,
construction, service or repair activitIes.
c. Except in the case of an emergency involvmg publIc safety or servIce interruption to a
large number of subscribers, a Cable Operator shall gIve reasonable notice to property owners or
legal tenants pnor to entering upon private premIses, and the notice shall specify the work to be
performed; provided that in the case of construction operations such notice shall be delIvered or
provided at least twenty-four (24) hours prior to entry. For purposes of this subsectIOn,
"reasonable notIce" shall be conSIdered:
1. For pedestal installation or similar major construction, seven (7) days.
il. For routine maintenance, such as adding or dropping servIce, tree
trimmmg and the like, reasonable notice given the circumstances. Unless a Franchise
Agreement has a different reqUirement, reasonable notIce shall reqUire, at a minimum,
prior notice to a property owner or tenant, before entry is made onto that person's
property
Ill. For emergency work a Cable Operator shall attempt to contact the
property owner or legal tenant in person, and shall leave a door hanger notice in the event
personal contact IS not made.
Nothing herein shall be construed as authonzmg access or entry to pnvate property, or
any other property, where such right to access or entry is not otherwise proVIded by law If
damage is caused by any Cable Operator actIvity, the Cable Operator shall reimburse the
property owner one hundred (100) percent of the cost of the damage or replace the damaged
8
property. For the installatlon of pedestals or other major construction or mstallatlOn projects,
property owners shall also be notified by mail at least one week in advance.
d. Cable Operator personnel shall clean all areas surrounding any work site and ensure
that all cable matenals have been disposed of properly.
D. Services for Customers with Disabilities
I For any customer with a disabIlity, a Cable Operator shall deliver and pick up equipment at
customers' homes at no charge unless the malfunctIOn was caused by the actions of the customer
In the case of malfunctioning equipment, the technician shall provide replacement equipment,
hook It up and ensure that it is working properly, and shall return the defective eqUipment to the
Cable Operator.
2. A Cable Operator shall provide TDD service with trained operators who can provide every
type of assistance rendered by the Cable Operator's customer service representatives for any
hearing-impaired customer at no charge.
3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if
dIsabled, in accordance with Section III.DA) customers.
4. Any customer with a disability may request the special services described above by providing
a Cable Operator With a letter from the customer's phYSician stating the need, or by making the
request to the Cable Operator's installer or service technician, where the need for the special
services can be visually confirmed. '
E. Customer Information
I Upon installatlon, and at any time the customer may request, a Cable Operator shall provide
the following information, in clear, concise written form (and in Spanish, when requested by the
customer).
a. Products and services offered by the Cable Operator, including Its channel lineup;
b. The Cable Operator's complete range of service options and the prices for these
services;
c. The Cable Operator's billmg, collectIOn and disconnection policies;
d. Pnvacy rights of customers;
e All applicable complaint procedures, includmg complaint forms and the telephone
numbers and mailing addresses of the Cable Operator, the FCC, and the Franchismg Authority to
whom the complaints should be addressed,
fUse and availability of parental control/lock out device;
9
g. Special services for customers with disabilIties;
h. Days, times of operatIOn, and locations of the service centers;
i. Either a complete copy of these Standards and any other applicable customer service
standards, or a summary of these Standards, in a format to be approved by GMTC and the
Franchising Authority, which shall include at a mmimum, the URL address of a website
contaimng these Standard in their entIrety; provided however, that if the GMTC or Franchismg
Authority does not maintain a webslte with a complete copy of these Standards, a Cable Operator
shall be under no obligation to do so;
If acceptable to a customer, Cable Operator may fulfill customer requests for any of the
information listed in this Section by making the requested information available electronically,
such as on a website or by electronic maiL
2. Copies of all notices provided to the customer shall be filed (by fax or email acceptable)
concurrently with the Franchising Authonty and the GMTC
3 A Cable Operator shall proVide customers with wntten notificatIOn of any change in rates,
programmmg, or channel positions, at least thirty (30) days before the effective date of change.
4 All officers, agents, and employees of the Cable Operator or its contractors or subcontractors
who are m personal contact with customers and/or when working on public property, shall wear
on their outer clothing identification cards bearing their name and photograph and identifying
them as representatives of the Cable Operator. The Cable Operator shall account for all
Identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually
identified to the public as working for the Cable Operator. Whenever a Cable Operator work
crew is in personal contact with customers or public employees, a supervisor must be able to
commumcate clearly with the customer or public employee. Every vehicle of a subcontractor or
contractor shall be labeled With the name of the contractor and further identified as contracting or
subcontracting for the Cable Operator.
5 Each CSR, technician or employee of the Cable Operator in each contact with a customer shall
state the estimated cost of the service, repair, or installation orally pnor to delivery of the service
or before any work is performed, and shall provide the customer with an oral statement of the
total charges before terminating the telephone call or before leaving the location at which the
work was performed. A written estimate of the charges shall be proVided to the customer before
the actual work IS performed.
F. Customer Privacy
I. Cable Customer Pnvacy In additIOn to complying with the reqUIrements in thiS subsection, a
Cable Operator shall fully comply With all obligations under 47 U S.C. Section 551
]0
2. Collection and Use of Personally Identifiable Information.
a. A Cable Operator shall not use the Cable System to collect, record, monitor or observe
Personally IdentIfiable InformatIOn without the prior affirmative written or electronic consent of
the Customer unless, and only to the extent that such mformation is: (i) used to detect
unauthorIzed reception of cable communications, or (ii) necessary to render a Cable ServIce or
Other Service provided by the Cable Operator to the Customer
b A Cable Operator shall take such actions as are necessary to prevent any Affiliate
from using the facilities of the Cable Operator in any manner, including, but not hmited to,
sendmg data or other sIgnals through such facilitIes, to the extent such use will permIt an
Affiliate unauthorized access to Personally IdentIfiable Information on eqUIpment of a Customer
(regardless of whether such eqUIpment is owned or leased by the Customer or proVIded by a
Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of
Cable Service. This subsection Fib shall not be interpreted to prohibit an Affiliate from
obtaining access to Personally Identifiable Information to the extent otherwIse permitted by this
subsection F
c. A Cable Operator shall take such actIOns as are reasonably necessary to prevent a
person or entIty (other than Affiliates) from using the facilitIes of the Cable Operator in any
manner, including, but not limited to, sendmg data or other signals through such facilities, to the
extent such use will permIt such person or entity unauthOrIzed access to Personally Identifiable
Information on equipment of a Customer (regardless of whether such equipment is owned or
leased by the Customer or provided by a Cable Operator) or on any of the facihtles of the Cable
Operator that are used in the proVIsion of Cable ServIce.
3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose
Personally Identifiable InformatIOn without the prior affirmatIve written or electromc consent of
the Customer, except as follows.
a. A Cable Operator may disclose for a Non-cable-related purpose the name and address
of a Customer subscribmg to any general programming tiers of service and other categories of
Cable and Other ServIce proVIded by the Cable Operator if the Cable Operator has proVIded the
Customer the opportunity to prohibit or limIt such dIsclosure in accordance with this subsection
F and SectIOn 631 of the Federal CommumcatlOns Act, 47 D.S C. Section 551, and such
disclosure does not directly or indIrectly dIsclose.
L A Customer's extent of viewing ofa Cable Service provided by the Cable
Operator;
ii. The extent of any other use by a Customer of a Cable ServIce provided by the
Cable Operator, including, but not limIted to a disclosure of the particular viewing
selectIOns by a person subscribing to a Cable ServIce, or
ili. The nature of any transactions made by a Customer over the Cable System of
the Cable Operator.
11
iv. The nature of programming that a Customer subscribes to or views (i.e., a
Cable Operator may only disclose the fact that a person subscribes to a general tier of
service or a package of channels with the same type of programming).
A minimum ofthirty (30) days prior to making any disclosure of Personally Identifiable
Information of any Customer as provided in this subsection F3a, the Cable Operator shall notify
m wntmg the Franchising Authority the fact that Personally Identifiable Information will be
disclosed and each Customer (that the Cable Operator intends to disclose information about) of
the specific mformatiOn that will be disclosed, to whom it will be disclosed, and notice of the
Customer's right to prohibit the disclosure of such information for Non-cable related purposes.
The notice to Customers may be included with or made a part of the Customer's monthly bill for
Cable Service or may be made by separate mailed notice. Each time that this notice is given to a
Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the
disclosure of information in the future. Such opportunity shall be given in one ofthe following
forms. a postage paid, self-addressed post card provided by the Cable Operator; a box that may
be checked by the Customer on the Customer's monthly bill for Cable Services; a toll-free
number that the Customer may call; or such other equivalent methods as may be approved by the
Franchising Authority
Additionally, within forty-five (45) days after each disclosure of Personally Identifiable
Information of any Customer as provided in this subsection F3a, the Cable Operator shall notify
in writing the Franchismg Authority the fact that Personally Identifiable Information was
disclosed and each Customer (that the Cable Operator has disclosed information about) of the
specific information that has been disclosed, to whom it has been disclosed, and notice of the
Customer's right to prohibit the disclosure of such information for non-cable related purposes.
The notice to Customers may be mcluded with or made a part of the Customer's monthly bill for
Cable Service or may be made by separate mailed notice. Each time that thiS notice is given to a
Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the
disclosure of informatiOn m the future. Such opportunity shall be given in one of the following
forms: a postage paid, self-addressed post card provided by the Cable Operator; a box that may
be checked by the Customer on the Customer's monthly bill for Cable Services; a toll-free
number that the Customer may call; or such other equivalent methods as may be approved by the
Franchising Authority.
b. A Cable Operator may disclose Personally Identifiable Information only to the extent
that it is necessary to render, or conduct a legitimate business activity related to, a Cable Service
or Other Service provided by the Cable Operator to the Customer
c To the extent authorized by federal law, a Cable Operator may disclose Personally
Identifiable Information pursuant to a subpoena or court order authonzing such disclosure.
4. Access to Information. Any Personally Identifiable Information collected and maintamed by a
Cable Operator shall be made available for Customer examinatiOn withm thirty (30) days of
receivmg a request by a Customer to examme such information at the local offices of the Cable
Operator or other convenient place within the City/County/City and County/Town designated by
12
the Cable Operator. Upon a reasonable showing by the Customer that the informatlOn IS
inaccurate, a Cable Operator shall correct such information.
5 Pnvacy Notice to Customers
a. A Cable Operator shall annually mail a separate, written or electronic copy of the
pnvacy statement to Customers consistent with 47 U.S C Section 551(a)(I), and shall provide a
Customer a copy of such statement at the time the Cable Operator enters into an agreement with
the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous
format and be printed in ten-point type or larger.
b In the statement required by subsectlOn F5a, a Cable Operator shall state substantially
the following regarding the disclosure of Customer mformation. "Unless a Customer
affirmatively consents electronically or in writing to the disclosure of personally identifiable
information, any disclosure of personally identifiable information for purposes other than to the
extent necessary to render, or conduct a legitimate busmess activity related to, a Cable Service or
Other Service, is limited to:
i. Disclosure pursuant to a subpoena or court order authorizing such disclosure;,
but only to the extent authorized by applicable federal law.
ii. Disclosure of the name and address of a Customer to any general
programming tiers of service and other categories of Cable Services provided by the
Cable Operator that do not directly or mdlrectly disclose' (A) A Customer's extent of
viewing of a Cable Service or Other Service provided by the Cable Operator; (B) The
extent of any other use by a Customer of a Cable Service, (C) The nature of any
transactions made by a Customer over the Cable System, or (D) The nature of
programming or sites that a Customer subscribes to or views (i.e., a Cable Operator may
only disclose the fact that a person subscribes to a general tier of service, or a package of
channels with the same type of programming).
The notice shall also inform the Customers of their right to prohibit the disclosure of theIr names
and addresses in accordance with Subsection b for non-cable related purposes. This opportunity
Will be presented in the form of a toll-free telephone number and/or a postage paid, self-
addressed post card, proVided by the Cable Operator With the privacy notice or other manner
acceptable to the Franchising Authonty If a Customer exercises his or her right to prohibit the
disclosure of name and address as proVided in subsection F3a or this subsection, such prohibitlOn
against disclosure shall remain in effect permanently, unless the Customer subsequently notifies
the Cable Operator in writing that he or she wishes to permit the Cable Operator to disclose
his/her name and address.
6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic
reports to the Franchlsmg Authonty required by its Franchise Agreement information
summanzmg:
13
a. The type of Personally Identifiable Information that was actually collected or
disclosed by Cable Operator during the reporting period;
b For each type of Personally Identlfiable Information collected or disclosed, a
statement sufficient to demonstrate that the Personally Identifiable InformatlOn collected or
dIsclosed was: (A) collected or dIsclosed only to the extent Necessary to render, or conduct a
legitlmate busmess activity related to, a Cable Service or Other Service provided by the Cable
Operator; (B) used only to the extent Necessary to detect unauthorized reception of cable
communications. (C) disclosed pursuant to a subpoena or valid court order or to a governmental
entlty to the extent required by federal law; (D) names and addresses disclosed in comphance
with subsection a of this section; or (E) a dIsclosure of personally Identlfiable information of
particular subscribers, but only to the extent affirmatively consented to by such subscribers in
writing or electronically.
c The names of all entltles to whom such Personally Identifiable Information was
disclosed, except that a Cable Operator need not provide the name of any court or governmental
entity to which such disclosure was made if such disclosure would be inconsistent with
applicable federal law;
d. The measures that have been taken, or could be taken, to prevent the unauthonzed
access to Personally Identifiable InformatlOn by a person other than the Customer or the Cable
Operator A Cable operator shall meet with Franchising Authority if requested to discuss
technology used to prohibit unauthonzed access to Personally Identifiable Information by any
means.
7. Nothmg in this subsection F shall be construed to prevent the Franchising Authority from
obtaining Personally Identifiable Information to the extent not prohibited by Sectlon 631 of the
Communications Act, 47 D.S.C. Section 551.
8 Any aggneved person may commence a civil action for damages for mvaSlOn of pnvacy
against any Cable Operator.
9. Destruction of Personally Identifiable InformatlOn. A Cable Operator shall destroy, WIthin
ninety (90) days, any Personally Identifiable InformatlOn if the Personally Identifiable
Information IS no longer necessary for the purpose for whIch it was collected and there are no
pendmg requests or orders for access to such Personally Identlfiable Information under
subsection 3 of this subsectlOn, pursuant to a court order, or pursuant to Section 631 of the
CommUnIcations Act, 47 D.S C Section 551
G. Safety
A Cable Operator shall install and locate its facilities, cable system, and equipment in
complIance with all federal, state, local, and company safety standards, and m such manner as
shall not unduly interfere with or endanger persons or property Whenever a Cable Operator
receIves notice that an unsafe condition exists WIth respect to its equipment, the Cable Operator
14
shall mvestlgate such condItion ImmedIately, and shall take such measures as are necessary to
remove or eliminate any unsafe condltlOn.
H. Satisfaction Guaranteed
A Cable Operator shall guarantee customer satisfaction for every customer who requests new
installation of Cable Service or adds any additlOnal service to the customer's subscription. Any
such customer who requests disconnection of such service within 30 days from its date of
activation shall receIve a credit to his/her account III the amount of one month's subscnption
charge for the servIce that has been disconnected.
IV. COMPLAINT PROCEDURE
A. Complaints to a Cable Operator
1. A Cable Operator shall estabhsh written procedures for receiving, acting upon, and resolving
customer complaints, and credIting customer accounts and shall have such procedures printed
and disseminated at the Cable Operator's sole expense, consistent with Section lItE.l.e of these
Standards.
2. Said written procedures shall prescribe a simple manner m which any customer may submit a
complaint by telephone or m wrIting to a Cable Operator that It has violated any provision of
these Customer Service Standards, any temls or conditions of the customer's contract with the
Cable Operator, or reasonable business practices.
3 At the conclUSlOn of the Cable Operator's lllvestigation of a customer complaint, but m no
more than ten (10) calendar days after receIvmg the complaint, the Cable Operator shall notify
the customer of the results of Its lllvestIgatlOn and its proposed action or credit.
4 A Cable Operator shall also notify the customer of the customer's right to file a complaint wIth
the Franchising Authority in the event the customer is dIssatisfied with the Cable Operator's
decislOn, and shall thoroughly explam the necessary procedures for filing such complamt with
the Franchlslllg Authority.
5 A Cable Operator shall immediately report all customer Escalated complamts that it does not
find valid to the FranchIsing Authority
6 A Cable Operator's complaint procedures shall be filed with and approved by the Franchising
Authority prior to Implementation.
B. Security Fund or Letter of Credit
A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a
Franchise Agreement is silent on Letter of Credit the followmg shall apply'
15
1. Within thirty (30) days of the effective date of these Standards or the effective date of any
franchise granted by the Franchising Authority, whichever occurs first, a Cable Operator shall
deposit with an escrow agent approved by the Franchising Authority one hundred thousand
dollars ($100,000) or, in the sole discretIOn of the Franchising Authority, such lesser amount as
the Franchising Authority deems reasonable to protect subscribers within its jurisdiction.
Alternatively, at the Cable Operator's discretIOn, it may provide to the Franchismg Authonty an
lITevocable letter of credit in the same amount. Such amount may, with the approval of the
Franchlsmg Authonty, be posted jointly for more than one member of the GMTC, and may be
administered, and drawn upon, jointly by the GMTC or drawn upon individually by each
member
The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring
compliance with these Standards for the benefit of the Franchising Authority The escrowed
funds or letter of credit shall be maintained by a Cable Operator at one hundred thousand dollars
($100,000), or such lesser amount accepted by the Franchising Authority, even if amounts are
withdrawn pursuant to any proVision of these Standards.
2. The Franchising Authority may require the Cable Operator to mcrease the amount of the
Security Fund, if it finds that new nsk factors exist which necessitate such an increase.
3 The Security Fund shall serve as security for the payment of any penalties, fees, charges or
credits as provided for herein and for the performance by aCable Operator of all ItS obligabons
under these Customer Service Standards.
4. The nghts reserved to the Franchismg Authority with respect to the Security Fund are in
addition to all other rights of the Franchismg Authonty, whether reserved by any applicable
franchise agreement or authorized by law, and no action, proceeding or exercise of a right with
respect to same shall m any way affect, or diminish, any other right the Franchising Authority
may otherwise have.
C. Complaints to the Franchising Authority
1. Any customer who IS dissatisfied With any proposed decision of the Cable Operator or who
has not received a decision within the bme period set forth below shall be entitled to have the
complaint reviewed by the Franchising Authority
2. The customer may imtiate the review either by callmg the Franchising Authonty or by filing a
wntten complaint together with the Cable Operator's written deCision, if any, With the
Franchising Authority
3 The customer shall make such filmg and notificatIOn wlthm twenty (20) days of receipt of the
Cable Operator's decision or, ifno decision has been provided, Within thirty (30) days after filing
the origmal complaint With the Cable Operator.
4 Ifthe Franchising Authority decides that further evidence is warranted, the Franchismg
Authority shall require the Cable Operator and the customer to submit, wlthm ten (lO) days of
16
notIce thereof, a written statement of the facts and arguments m support of their respective
positiOns.
5. The Cable Operator and the customer shaH produce any addItional evidence, mcIuding any
reports from the Cable Operator, which the FranchIsing Authority may deem necessary to an
understanding and determination of the complamt.
6 The Franchismg Authority shaH issue a determmation within fifteen (15) days of receiving the
customer complamt, or after examining the materials submitted, setting forth its basis for the
determmation.
7. The Franchising Authonty may extend these time limits for reasonable cause and may
intercede and attempt to negotiate an mformal resolution.
8. If the Franchising Authority determines that the customer's complaint is valid and that the
Cable Operator dId not provide the complaimng customer WIth the proper solution and/or credit,
the Franchising Authority may reverse any deciSiOn of the Cable Operator in the matter and/or
reqmre the Cable Operator to grant a speCIfic solutiOn as determined by the Franchising
Authority in its sole discretion, and/or any credit provided for in these Standards; or the
FranchIsing Authority may proVIde the customer with the amount of the credit by means of a
WIthdrawal from the Security Fund.
D. Verification of Compliance
A Cable Operator shall establish Its compliance WIth any or all of the standards required through
annual reports that demonstrate said compliance, or as requested by the Franchising Authority
E. Overall Quality of Service
The FranchIsing Authority may evaluate the overall quality of customer serVIce provided by a
Cable Operator to customers:
a. In col1iunction with any performance review provided for in the franchise agreement; and
b At any other time, at its sole dIscretion, based on the number of customer complaints
receIved by a Cable Operator and the Franchismg Authority, and the Cable Operator's
response to those complamts.
F. Procedure for Remedying Violations
1. lfthe Franchising Authority has reason to believe that a Cable Operator has failed to comply
WIth any of these Standards, or has failed to perform m a timely manner, the Franchising
Authority may pursue the procedures in its Franchise Agreement to address ViOlations ofthese
Standards in a like manner as other franchIse violations are considered.
17
2. Following the procedures set forth in any Franchise Agreement govemmg the manner to
address alleged Franchise violations, if the Franchising Authonty determines in its sole
discretion that the noncompliance has been substantiated, in addition to any remedies that may
be provided in the Franchise Agreement, the Franchismg Authority may'
a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn
from the Security Fund in addition to any franchise fee until the non-compliance is remedied,
and/or
b. Order such rebates and credits to affected customers as m its sole discretion It deems
reasonable and appropnate for degraded or unsatisfactory services that constituted
noncompliance with these Standards; and/or
c. Withhold licenses and permits for work by the Cable Operator or its subcontractors m
accordance with applicable law.
V. MISCELLANEOUS
A. Severability
Should any section, subsection, paragraph, term, or provision ofthese Standards be
determined to be illegal, invalid, or unconstitutional by any court or agency of competent
junsdiction with regard thereto, such determmation shall have no effect on the validity of any
other section, subsection, paragraph, term, or provision of these Standards, each of the latter of
which shall remain m full force and effect.
B. Non-Waiver
Failure to enforce any provision ofthese Standards shall not operate as a waiver of the
obligations or responsibilitIes of a Cable Operator under said proVision, or any other proviSIOn of
these Standards. Revised 5/20/04
18
SCHEDULE A - CREDITS TO CUSTOMERS
STANDARDS OF CUSTOMER SERVICE
A. COURTESY
SUGGESTED MINIMUM
COMPENSATION
(if compensation is not
agreed to between the Cable
Operator and Customers,
the matter may be
submitted to the
Franchising Authority,
which shall make the final
determination, in its
reasonable discretion)
Cable Operator employees, contractors and subcontractors shall be $5 00 credit to their account
courteous, knowledgeable and helpful in their services.
B. ACCESSIBILITY
Cable Operator shall provide one customer service center such that $5.00 credit to their account
no subscriber is farther than 10 miles from one,
2,
Cable Operator shall have local telephone access lines that are
available 24 hours a day, 7 days a week.
3
Cable Operator shall have dispatchers and technicians on call 24
hours a day, 7 days a week.
4
Cable Operator shall have sufficient customer service
representatives and telephone line capacity to ensure that calls are
answered in 60 seconds or less 90% of the time, measured
monthly
5
Calls receiving busy signals shall not exceed 3% of the total
telephone calls 90% ofthe time, measured monthly
C. RESPONSIVENESS
1.
Guaranteed 7-Day Residential Installation
a. Cable Operator shall complete Standard residential
installations requested by a customer within 7 business
days after order has been placed.
b, All underground cable drops will be buried no less than 12
inches deep (6 inches deep if there is a sprinkler system or
other construction concerns),
2.
Residential Installation Appointments
a. Cable Operator customers wanting installation of cable
may choose a4-hour time-block for installation between
the hours of8'OO a,m, and 6'00 p,m, six days per week.
b
Cable Operator may not cancel an appointment with
Customer after the close of business on the business day
prior to the date ofthe scheduled appointment
$5.00 credit to their account
$5.00 credit to their account
$5 00 credit to their account
$5 00 credit to their account
Free installation, or I
month's basic service, if the
fee has been waived for
promotional reasons,
$5.00 credit to their account
$5.00 credit to their account.
STANDARDS OF CUSTOMER SERVICE
SUGGESTED MINIMUM
COMPENSA nON
c. If Cable Operator is running late and will not be able to $5.00 credit to their account.
keep the appointment with the customer as scheduled, the
customer will be contacted promptly The appointment
will be scheduled, as necessary at a time that is convenient
to the customer
d. Cable Operator will deem to have responded to a service $5 00 credit to their account.
request when the technician arrives within the agreed
upon time, and, if the customer is absent, the technician
leaves the written notification of arrival and return time,
and a copy of that notification is kept by the Cable
Operator In such circumstances, the Cable Operator shall
contact the customer within 48 hours,
3.
Residential Service Interruptions
a. System outages resulting from Cable Operator equipment
failure, shall be corrected within 2 hours after the 3rd
customer call is received,
b,
All other interruptions resulting from Cable Operator
equipment failure shall be corrected by the end ofthe next
calendar day
c,
Cable Operator shall keep a file of any and all complaints
regarding the cable system or its operation, and the Cable
Operator's action in response to those complaints, Cable
Operator shall submit an executive summary ofthose
complaints and submit to the franchisinj; authority
monthly A log of all service interruptions shall be
submitted to the franchising authority quarterly
d.
All service outages or interruptions beyond the control of
Cable Operator shall be corrected within 36 hours after the
conditions beyond its control have been corrected,
4.
TV Reception
a, Cable Operator shall provide clear television reception and
shall make repairs promptly, and interrupt service only for
good cause and for the shortest time possible,
b. If a customer experiences poor video or audio reception due
to Cable Operator's equipment, Cable Operator will repair
the problem no later than the day following the customer
calL
One day's free service for
each 24-hour delay
One day's free service for
each 24-hour delay
One day's free service for
each 24-hour delay
One day's free service for
each 24-hour delay
One day's free service for
each 24-hour delay
One day's free service for
each 24-hour delay
5. Problem Resolution
a. Cable Operator Customer Service Representatives will be $5.00 credit to their account.
able to provide credit, waive fees, schedule appointments and
change billing cycles, Any difficulties that cannot be
resolved by the customer service representatives will be
referred to a supervisor who will contact the customer within
4 hours and resolve the problem within 48 hours.
6. Billing, Credits and Refunds
a, Cable Operator will allow 30 days from the date of the bill $5.00 credit to their account.
STANDARDS OF CUSTOMER SERVICE
for payment Ifnot paid within 30 days ofthe date, Cable
Operator may apply an administrative fee, Ifnot paid within
45 days of the date, Cable Operator may perform a "soft"
disconnect of the customer's service,
SUGGESTED MINIMUM
COMPENSA TlON
b. Cable Operator shall issue a credit or refund within 30 days $5 00 credit to their account.
after determining the customer is entitled to one.
c, Whenever Cable Operator offers any promotional or $5 00 credit to their account.
specially priced service(s), its promotional materials shall
clearly identify and explain the specific terms of the
promotion, including but not limited to manner in which any
payment credit will be applied,
7.
Treatment of Property
a. Cable Operator shall replace trees or shrubs damaged during
installation.
b
Cable Operator shall restore any damaged property to the
same condition it was before damage occurred,
c,
Except in cases of emergency, Cable Operator shall give
reasonable notice to property owners before entering
premises, specifying the work to be done.
d.
Cable Operator personnel shall clean up the area surrounding
a work site and properly dispose of cable materials,
$10 00 credit plus any
additional repairs,
$10 00 credit plus any
additional repairs,
$1000 credit plus any
additional repairs,
$10 00 credit plus any
additional repairs.
D. SERVICES FOR CUSTOMERS WITH DISABILITIES
I Cable Operator shall deliver and pick up equipment at the home of $5 00 credit to their account.
customers with disabilities, In the case of malfunctioning
equipment, the technician shall replace it with a new one at no
charge,
2, Cable Operator shall provide TDD service with trained operators $5 00 credit to their account.
who can provide any assistance available.
3 Cable Operator shall provide free use of a remote control unit to $5.00 credit to their account.
mobility-impaired customers.
4 A customer with a disability may request the above services by $5 00 credit to their account.
providing Cable Operator with a letter from a physician stating
their condition, or by making the request to Cable Operator's
installer or service technician in person, where the need for the
special services can be visually confirmed.
E. CUSTOMER INFORMATION
Upon installation, or at a customers request, Cable Operator will
provide the following information (in Spanish when requested by
the customer):
a, Products and services offered including channel lineup;
b. Complete range of service options and prices;
c. Billing, collection and disconnect policies;
d, Privacy rights of customers;
Provide customer with the
requested service
information.
STANDARDS OF CUSTOMER SERVICE
SUGGESTED MINIMUM
COMPENSATION
e, Complaint procedures, including forms, telephone numbers
and mailing address of the Cable Operator, the FCC, and the
franchising authority;
f Use and availability of parental control/lock out device;
g, Special services for customers with disabilities;
h, Days, times of operation, and locations of the services
centers;
i. Either a copy of these Customer Service Standards and
any other applicable customer service standards, or a summary
thereof, or the URL address of a website containing these
standards. The GMTC or its designee shall be responsible for
maintaining the URL,
2, Copies of all notices provided to the customer shall be filed
concurrently with the franchising authority and the GMTC.
3 Cable Operator will provide customers with written notification of $5.00 credit to their account
any change in rates, programming, or channel positions at least 30
days before the effective date of change.
4 Every employee of Cable Operator in contact with customers or $5,00 credit to their account
when working on public property will wear an identification card
with their name and photograph. Every vehicle of Cable Operator
or subcontractor shall be visually identified as working for Cable
Operator
F. CUSTOMER PRIVACY
Collection and Use of Personally Identifiable Information
a, Cable Operator shall not use the Cable System to collect,
record, monitor or observe Personally Identifiable
Information without written permission from the customer
unless such information is used to detect unauthorized
reception of cable service, or is necessary to render Cable
Service to the customer
2,
b. Cable Operator shall not violate any other provisions of
Section IILF 1-3 of the Customer Service Standards,
Access to Information. Cable Operator shall make personally
identifiable information available to customers pursuant to Section
JlLF 4 ofthe Customer Service Standards.
Privacy Notices, Cable Operator shall comply with all provisions
of Section lIlT5 of the Customer Service Standards.
Destruction of Personally Identifiable Information, Cable
Operator shall destroy all personally identifiable information of
customers in accordance with Section IILF,9 of the Customer
Service Standards,
3
4
G.
1
SAFETY
Cable Operator will install and locate its equipment in compliance
with all federal, state, local, and company safety standards, and in
such a manner that will not interfere with or endanger persons or
property
The customer shall receive a
credit to their account (or if
the account is being
cancelled, a payment from
the Cable Operator) of at
least $100 00, depending
upon the circumstances of the
violation,
$10 00 credit to their account
$10,00 credit to their account
Payment from the Cable
Operator of at least $100 00,
depending upon the
circumstances of the
violation.
A credit to the customer's
account in the amount of at
least $25,00 a day for each 24
hour delay in responding,
plus additional rights or
causes of action available to
the customer
STANDARDS OF CUSTOMER SERVICE
H.
SATISFACTION GUARANTEED
Cable Operator will guarantee customer satisfaction for every
customer who requests new installation of cable service or adds
any additional programming service to the customer's cable
subscription. Any customer who requests disconnection of service
within 30 days from date of activation shall receive a credit to
their account
SUGGESTED MINIMUM
COMPENSATION
One month's subscription
charge for the service that has
been disconnected,
ITEM NO' 3 I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE-
September 27, 2004
TITLE:
ACCEPTANCE OF 2003 AUDIT
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date. _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
~
No
CIty~Q..)~
EXECUTIVE SUMMARY:
SectiOn 10 IS of the MUlllcipal Charter for the City of Wheat Ridge requires that an independent audit
be performed annually of all City accounts. The CPA firm of Swanhorst, & Cutler, LLC performed
the audit of the City's financial statements.
For the year ended December 31, 2003, the City adopted the standards of Governmental Accountmg
Standards Board (GASB) Statement 34, BaSiC Financial Statements-and Management's Discussion
and Analysis-for State and Local Governments. The Statement reqUIred the Clty to record certain
financial informatiOn on a full accrual baSiS, which will be displayed in the statement of net assets and
the statement of activities. Implementmg Statement 34 required sigmficantly more personnel hours of
the CIty Finance staff members m addition to their regular duties. By having additional time to submit
the audit report it allowed the staff and auditors to present the most accurate mformation under the
new standards.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
Not accept the 2003 mdependent audit from Swanhorst & Cutler, LLC.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to accept the 2003 independent audit from Swanhorst & Cutler, LLC."
or,
"I move to deny acceptance of the 2003 independent audit from Swanhorst & Cutler LLC because
"
Report Prepared by: Lmda Stengel, Accountmg SupervIsor
Attachments:
1. 2003 Management Letter
2. 2003 Comprehensive Annual Financial Report
040927 2003 Audit
GENERAL AGENDA ITEM COMMENT ROSTER
DATE: September 27, 2004
ANY PERSON MAY SPEAK CONCERNING ~~ImM. EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
~&_.&--: ~ ~ ~-;t:;-7, ',.J< ^ ~
..
PUBLIC COMMENT ROSTER
DATE: September 27, 2004
ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF
THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME,
ADDRESS, AND TOPIC OF COMMENT. .~li.JlJrifJl[[nift_A_
.....It
NAME ADDRESS TOPIC
"
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CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO. 1.
PUBLIC BEARIIiJG BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO. 18-2004
TITLE:
COUNCIL BILL 18-2004 - AN ORDINANCE VACATING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH, APPROVING
AN AMENDMENT TO THE RECORDED DRAINAGE AND FLOOD CONTROL
EASEMENT
YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
-.--
IF YOU REED MORE ROOM PLEASE SIGN ON BACK OF PAGE 1
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL
CASE NO.
COUNCIL BILL NO. 19-2004
TITLE:
COUNCIL BILL 19-2004 - AN ORDINANCE AMENDING ORDINANCE 973,
SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER SERVICE
STANDARDS
~~~ , YOUR NAME AND ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
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CITY OF WHEAT RIDGE, COLORADO
September 27. 2004
Mayor Cerveny called the Regular Cft Coun?1 Me~ing to order at 7:00 p.m. ~ncilmembe;s
predseM~kt: KSat.rten.Acdam~I' KaLren BRerryt 'I ~~.~L~Li~;-~ ~ 'd y,~ wandaf/'ctS?n9A'1 Larry Schulz,
an I e I es;CounCl or ena 0 0 ~em (:Iue 0 a sc e u 'ng con I; so present:
City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl;
Director of Administrative Services, Patrick Goff; Director of Community Development, Alan
White; Director of Public Works, Tim Paranto, staff; and interested citizens
APPROVAL OF MINUTES OF September 13. 2004 1 j ~Lc (( C1t
(' \W_vr-u t'
tl-J v
Motion by Mr. DiTullio for the approval of the Minutes of September 13, 2004, seconded by . VV)
carried ~./ C ,
PROCLAMATIONS AND CEREMONIES
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Presentation of Ed Pinson Portrait
~.' _Physical Therapy Month - October 2004
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CITIZENS' RIGHT TO SPEAK
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COUNCIL BILL 18-2004 - AN ORDINANCE VACATING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE AND
FLOOg, CONTROL EASEMJNT, J~Y)
---: ,I ::, Nc- I I .'; 'h"<~t;d C l HL{ L ( (,) ,II I f .It '( ,,/ -8!::t~J.!.:=~A I
v~tl Motion by Mr- ~ to continue indefinitely the public hearing on Council Bill 18-
2004 I further move that the hearing may be rescheduled and notice thereof
republished, at the applicant's request and expense, no later than September 27, 2005
and if not so rescheduled, that the application be deemed withdrawn and the Council
Bill be deemed postponed indefinitely; seconded by ,)i<...H.kr
carried if - 0')
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CITY COUNCIL MINUTES September 27, 2004
Page -2-
APPROVAL OF AGENDA
(~<l tLd{~d~ltl
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1,
Item 2,
COUNCIL BILL 19-2004 - AN ORDINANCE AMENDING ORDINANCE
973, SERIES 1994, CONCERNING CABLE TELEVISION CUSTOMER
SERVICE STANDARDS
Council Bill 19-2004 was introduced on second reading by Mr Schulz. City Cler~ Pam
A.r;,derson, assigned O~dinance No /333 '\-1';1,;;; ,
- :t~rtn~~, 1/d;v",cLdlv ~-"'lc'~<.:.l -tf...- ~~ tz;.,t t {er- . I" J:J.
Motion by Mr SChulz to adopt Council Bill 19-2004 (Ordinance~ on second
reading, and it take effect 15 days after final publication, second"ea=b'y' S'i5\A'Y
carried 0 - (i .
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 3. Acceptance pf 2003 Audit vxJ-_ 0 A- u.Le4:J" rcd,L ft'-"...-c'dClJt<-e
(\loVe" "wtr,ll,lhl-dLl'<'-ol '-hLL 1..J-e-tJtL.- Wf'Ilc.\'l-1 II' ~/10l1.L'-l-"'J:"
Motion by '1-h~ S.~~ to acc.:pt the 2003 independent audit from Swanhorst &
Cutler, LLC , secondeM by Vi 111,,1 \ \ 0-
Carried 1/ Jt fr
LUttli,{';J Swtt(,l~~nr; t'~ SHrztltf"pL.l! j,r!Ld-1tfir I LLc. ~ t" r:K1 ' <.v---'
CITY MANAGER SMATTERS .'/tlJl1yj,i(3tf" ?OD3 iJtJM
C {'V''VI-I eJ (;; --- V
(1 h; Trr-/{A'd/Ud. - )ir() i
CITY ATTORNEY'S MATTERS
o.Ct1/)'P,"> hn;J ,~/tlZ1-u f?e-ltetwl &l'i If tD/
k.z... /tLfhe.. kef 1M -rt-t< :).()() :3 Ikd! f
CITY COUNCIL MINUTES September 27, 2004
Page -3-
ELECTED OFFICIALS' MATTERS
Crv'~t'tb1'L/ ___ ~~ t.,yj fvtt..rJe~ . '
City Cler~hPam A~derson reminded citizens that the deadline to register to vote IS 7't:)tiJ.vt
October 4 /" Ovtt- "~~t.Av f"Li>>t, ~f "' ' '
L ';r '.'" ~. C-1(),~1 ;< (;, I:! - (cJJ I ci.(~J' 0; r c!-r1 ~ 16) {tv it Inc~< h'LU, f .
tt!" ,~{,a.IU:;t"v :fe- yrl1 I 'j
11 ( ~'U Yl st4J.Y;j )
Meeting adjourned at 7 3!m
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON October 11, 2004 BY A VOTE OF _ to _
Wanda Sang, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions