HomeMy WebLinkAboutOrdinance-1994-0973
INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. ~ ORDINANCE NO. 973
series of 1994
TITLE:
AN ORDINANCE REPEALING SECTION 21A-8 (B), AND SECTION
21A-22, AND REPEALING AND REENACTING SECTION 21A-14 OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, COLORADO TO
ESTABLISH CUSTOMER SERVICE REQUIREMENTS FOR THE OPERATION
OF CABLE SYSTEMS WITHIN THE CITY PURSUANT TO SECTION 522
OF TITLE 47 OF THE UNITED STATES CODE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
section 1. section 552 of Title 47 of the United States Code
authorizes local franchising authorities to "establish and enforce
customer service requirements" upon cable operators within their
jurisdictions.
section 2. section 21A-8 (B) and section 21A-22 of the Code of
laws of the City of Wheat Ridge, Colorado are hereby repealed.
section 3. section 2lA-14 is repealed and reenacted to incorporate
in its entirety the standards shown as exhibit 1 with the new
section title, "Customer Service Standards".
section 4. 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 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
section 6. This ordinance shall take effect one day after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ~ to
~ on this 25th day of June , 1994, 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 July
25 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500
West 29th Ayenue, Wheat Ridge, Colorado.
READ, ADOPTEO AND ORDERED PUBLISHED on second and final reading by
a vote of ~ to ~, this 25th day of Jul y , 1994.
SIGNED by the Mayor on this
1st Publication: July 5, 1994
2nd Publication: August 2, 1994
Wheat Ridge sentinel
Effective Date: August 3, 1994
26th day of July , 1994.
~~
Dan Wilde, Mayor
APPROVED AS TO FORM BY CITY ATTORNEY
~~~
Kathr n S roe8er, CITY ATTORNEY
EXHIBIT 1
GREATER METRO CABLE CONSORTIUM
CUSTOMER SERVICE STANDARDS
I. POLICY
The Cable Operator should be permitted the option and autonomy to first resolve citizen
complaints without delay and interference from the Franchising Authority.
Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the
Franchising Authority should intervene, In addition, where a pattern of, or unremedied,
noncompliance with the Standards is identitied, the Franchising Authority should prescribe a cure
and estahlish a 30 day deadline for implementation of the cure. If the noncompliance is not cured
within 30 days, monetary sanctions should be imposed to encourage compliance.
These Standards are intended to be of general application, however, the Cable Operator shall be
relieved of any obligations hereunder it is unable to perform due to a region-wide natural
emergency or in 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.
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, or to approve the Model Franchise Agreement adopted by
the TCI Renewal Group of the GMCC (the "MFA") incorporating the Standards, under applicable
ordinances and laws
"Cahle Operator" shall mean any person granted a franchise to operate, or operating, a cable
television, data transfer, or telecommunications system within any area of jurisdiction of the
Franchising Authority, and, in the MFA, the Grantee, or such person's employees, agents,
contractors, or subcontractors.
"City" shall mean the City of Wheat Ridge, Colorado.
"Customer" shall mean any person who receives service of any sort from the Cable Operator
"Customer Service Renresentative" (or "CSR") shall mean any person employed by the Cable
Operator to assist, or provide service to, customers, whether hy answering public telephone lines,
writing service or installation orders, answering customers' questions, receiving and processing
payments, or performing other customer service-related tasks
"Franchising Authority" shall mean the City (County or Town) and/or the Greater Metro Cable
Consortium, and/or, in the MFA, the Grantor,
"Greater Metro Cable Consortium" or "GMCC" shall mean a Colorado agency formed by
intergovernmental agreement between its Members, local governmental subdivisions of the State
of Colorado, The GMCC 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
"Town" shall mean the Town of
, Colorado.
III. CUSTOMER SERVICE
A. Courtesy
All employees of the Cahle Operator shall he courteous, knowledgeahle and helpful and shall provide
etlective and satisfactory service in all contacts with customers
B. Accessibility
Within sixty (60) days of the effective date of these Standards, the Cable Operator shall provide,
at sites acceptable to the Franchising Authority, 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 Franchising Authority, all service centers
shall be open Monday through Friday from 8'00 a.m. to 6:00 p.m., and from 9:00 am to 1:00
p.m Saturdays, and shall be fully staffed with customer service representatives offering the
following 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 alternatives for service centers offering lesser
services at any site to which the public has general access The Cable Operator shall post a sign
at each service center advising customers of its hours of operation and of the addresses and
telephone numhers at which to contact the Franchising Authority and the Cable Operator if the
service center is not open at the times posted. The Cable Operator shall provide free exchanges
of faulty converters at the customer's address
2. The Cable Operator shall maintain local telephone access lines that shall be available 24 hours
a day, seven days a week for service/repair requests and billing inquiries
3 The Cahle Operator shall have dispatchers and technicians on call 24 hours a day, 7 days a week,
including legal holidays
4. The Cable Operator shall retain sut1icient customer service representatives and telephone line
capacity to ensure that telephone calls tu service/repair and billing inquiry lines are answered by
a customer service representative within 30 seconds or less, and that any transfers are made
within 30 seconds These standards shall be met no less than 90 percent of the time measured
monthly
5. The total number of calls receiving busy signals shall not exceed 3% of the total telephone calls.
This standard shall be met 90 percent or more of the time measured munthly
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C. Responsiveness
Guaranteed Seven-Day Residential Installation
a, The Cable Operator shall complete all standard residential installations requested by
customers within 7 business days after the order is placed, unless a later date for
installation is requested. "Standard" residential installations are those located up to 125
feet from the existing distribution system. If the customer requests a nonstandard
residential installation, or the Cable Operator determines 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 from the curb to the home shall be buried at a depth of no
less than twelve inches (12"), and within no more than one calendar week from the initial
installation, or at a time mutually agreed upon between the Cable Operator and the
customer.
2 Residential Installation and Service Avpointments
a. Customers requesting installation of cable service or service to an existing installation
may choose any of the following blocks of time for the installation appointment: 8'00
a.m. to 12:00 a.m.; \2'00 Noon to 4'00 pm; 4'00 pm to 8'00 pm., or a four-hour
block of time mutually agreed upon by the customer and the Cable Operator. The Cable
Operator may not cancel an appointment with a customer after 5:00 p m. on the day
before the scheduled appointment, except for appointments scheduled within twelve (12)
hours after the initial call.
b The Cable Operator shall contact by telephone, mail, or in person, every customer within
2 weeks after installation to assure the customer's satisfaction with the work completed
All responses shall be recorded, and retained by the Cable Operator, and made easily
available to the Franchising Authority upon request.
c The 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
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
forty-eight (48) hours
3 Residential Service Interruptions
a. In the event of system outages (loss of reception on all channels) resulting from Cable
Operator equipment failure affecting 5 or more customers, the Cable Operator shall
correct such failure within 2 hours after the 3rd customer call is received.
b All other service interruptions resulting from Cable Operator equipment failure shall be
corrected by the Cable Operator by the end of the next calendar day.
c The Cable Operator shall keep an accurate and comprehensive file of any and all
complaints regarding the cable system or its operation of the cable system, in a manner
consistent with the privacy rights of customers, and the Cable Operator's actions in
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response to those complaints These tiles shall remain open to the Franchising Authority
and the public during normal business hours. Grantee shall provide Grantor an executive
summary monthly, which shall include information concerning customer complaints. A
summary of service requests, identifying 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 Authority by the tenth (10th) day of the succeeding month A log of
all service interruptions shall be maintained and provided to the Franchising Authority
quarterl y
d All service outages and interruptions for any cause beyond the control of the Cable
Operator shall be corrected within 36 hours, after the conditions beyond its control have
been corrected
4. TV Recention
a. The Cable Operator shall provide clear television reception that meets or exceeds
technical standards established by the United States Federal Communications Commission
(the "FCC"). The 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 during periods of minimum use
of the system, preferahly between midnight and six a.m (6'00 a.m )
b If a customer experiences poor video or audio reception attributable to the Cable
Operator's equipment, the Cable Operator shall repair the problem no later than the day
following the customer call. If an appointment is necessary, customer may choose the
same blocks of time described in Section III.2 a. At the customer's request, the Cable
Operator shall repair the problem at a later time convenient to the customer
5, Problem Resolution
The Cable Operator's cllstomer 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 witbin 4 hours and resolve the problem within 48 hours or within
such other time frame as is acceptable to the customer and the Cable Operator.
6 Billing. Credits. and Refunds
a. Cable Operator shall convert to the Anniversary Billed System or similar system of
billing as set forth in the attached Exhibit C no later than December 31, 1996. The
Cable Operator shall submit reports to the Franchising Authority regarding its progress
towards converting to said system at least quarterly. Should these reports indicate that
the conversion can practicably take place prior to the above-mentioned date, Cable
Operator shall so convert. On the date when the Cable Operator converts to the
Anniversary Billing System, the following conditions shall apply: The 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 period. If a customer's service
bill is not paid within that period of time the Cable Operator may apply an administrative
fee to the customer's account. If the customer's service bill is not paid within forty~five
(45) days of the beginning date of the applicable service period, the Cable Operator may
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perform a "soft" disconnect of the customer's service. If a customer's service bill is not
paid within fifty-two (52) days of the beginning date of the applicable service period, 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 Treatment of Property
a. The Cable Operator shall keep tree trimming to a minimum, trees and shrubs or other
landscaping that are damaged by the Cable Operator, any employee or agent 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 in addition to, and
shall not supersede, any requirement in any franchise agreement.
b The 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 causing such disturbance was initiated The 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 involving public safety or service interruption to a
large number of subscribers, the Cable Operator shall give reasonable notice to property
owners or legal tenants prior 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.
Nothing herein shall be construed as authorizing access or entry to private 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 100% of the cost of the damage or replace the damaged property.
For the installation of pedestals or other major construction or installation projects,
property owners shall also be notified by mail at least one week in advance In the case
of an emergency, the 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
d The Cable Operator personnel shall clean all areas surrounding any work site and ensure
that all cable materials have been disposed of properly.
D. Services for Customers with Disabilities
I. For any customer with a disability, the Cable Operator shall at no charge deliver and pick up
converters at customers' homes. In the case of a malfunctioning converter, the technician shall
provide another converter, hook it up and ensure that it is working properly, and shall return the
defective converter to the Cable Operator.
2 The Cable Operator shall provide TDD service with trained operators who can provide every type
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of assistance rendered by the Cable Operator's customer service representatives for any hearing-
impaired customer at no charge
3. The Cable Operator shall provide free use of a remote control unit to mobility-impaired (if
disabled, in accordance with subsection 4, below) customers.
4. Any customer with a disability may request the special services described above by providing the
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
Upon installation, and at any time the customer may request, the Cable Operator shall provide
the following information, in clear, concise written form.
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. These Standan.ls, with the attached Schedule A, and any other applicable customer service
standards;
d Instruction on the use of cable TV service and on standard VCR hookups,
e. The Cable Operator's billing, collection and disconnection policies,
f Customer privacy requirements,
g All applicable complaint procedures, including complaint forms and the telephone
numbers and mailing addresses of the Cable Operator, the FCC, and the Franchising
Authority to whom the complaints should be addressed,
h Use and availahility of A/B switches,
1. Use and availability of parental control/lock out device;
J Special services for customers with disahilities;
k. Days, times of operation, and locations of the service centers.
2 Copies of all notices provided to the customer shall he tiled (hy fax acceptahle) concurrently with
the Franchising Authority and the Consortium.
3 The Cahle Operator shall provide customers with written notification of any change in rates,
programming, or channel positions, at least 30 days hefore the effective date of change.
4 All officers, agents, and employees of the Cahle Operator or its contractors or subcontractors
who are in personal contact with cahle customers shall wear on their outer clothing identification
cards hearing their name and photograph as approved by the Franchising Authority. The Cable
Operator shall account for all identitication cards at all times Every vehicle of the Cable
Operator shall he clearly visually identified to the puhlic as working for the Cahle Operator All
CSRs shall identify themselves orally to callers immediately following the greeting during each
telephone contact with the public 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
Cahle 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 prior to delivery of the service
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or hefore any work is performed, and shall provide the customer with an oral statement of the
total charges hefore terminating the telephone call or hefore leaving the location at which the
work was performed.
F. Customer Privacy
The Cahle Operator shall not monitor cahle television signals tu determine the individual viewing
patterns or practices of any customer without prior written consent from that customer, except
as otherwise permitted by the applicable Franchise
2 The Cable Operator shall not sell or otherwise make available customer lists or other personally
identitiable customer information without prior written customer consent, except as otherwise
permitted by the Franchise. The Cable Operator is permitted to disclose such information if such
disclosure is necessary to render, or conduct, a legitimate business activity related to a cable
service or other service provided by the Cable Operator to its customers.
G. Safety
The Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with
all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere
with or endanger persons or property. Whenever the Cable Operator receives notice that an unsafe
condition exists with respect to its equipment, the Cable Operator shall investigate such condition
immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.
H. Satisfaction Guaranteed
The Cable Operator shall guarantee customer satisfaction for every customer who requests new
installation of cahle service or adds any additional programming service to the customer's cable
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 in the amount of one month's subscription charge
for the service that has heen d iscunnected
IV. COMPLAINT PROCEDURE
A. Complaints to the Cahle Operator.
1. The Cahle Operator shall estahlish written procedures for receiving, acting upon, and
resolving customer complaints, and crediting customer accounts in accordance with
Schedule A "Credits to Customers", which Schedule is incorporated herein by this
reference, and as otherwise provided herein, without intervention by the Franchising
Authority and shall puhlicize such procedures through printed documents at the Cable
Operator's sole expense
2. Said written procedures shall prescrihe a simple manner in which any customer may
suhmit a complaint hy telephone or in writing to the Cahle Operator that it has violated
any provision of these Customer Service Standards, any terms or conditiuns of the
customer's contract with the Cahle Operator, or reasonable husiness practices.
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3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in
no more than fifteen (\5) calendar days after receiving the complaint, the Cable Operator
shall notify the customer of the results of its investigation and its proposed action or
credit.
4. The 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 Cahle Operator's decision, and shall thoroughly explain the necessary procedures for
tiling such complaint with the Franchising Authority
5. The Cable Operator shall immediately report all customer complaints that it does not find
valid to the Franchising Authority.
6 The Cable Operator's complaint procedures shall he tiled with and approved by the
Franchising Authority prior to implementation.
B. Security Fund
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, the Cahle
Operator shall deposit with an escrow agent approved by the Franchising Authority
$100,000 (one hundred thousand dollars), or, in the sole discretion of the Franchising
Authority, such lesser amount as the Franchising Authority deems reasonahle to protect
suhscrihers within its jurisdiction. Such amount may, with the approval of the
Franchising Authority, be posted jointly for more than one memher of the GMCC, and
may be administered, and drawn upon, jointly by the GMCC or drawn upon individually
by each memher The escrowed funds shall constitute the "Security Fund" for ensuring
compliance with these Standards for the henefit of the Franchising Authority The
escrowed funds shall be maintained by the 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. At any time during the term of this agreement, the Franchising Authority may require
the Cable Operator to increase the amount of the Security Fund, if it tinds that new risk
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 the Cable Operator of all
its obligations under these Customer Service Standards
4 The rights reserved to the Franchising Authority with respect to the Security Fund are
in addition to all other rights of the Franchising Authority, 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 in any way affect, or diminish, any other
right the Franchising Authority may otherwise have
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C. Complaints to the Franchising Authority.
Any customer who is dissatistied with any proposed decision of the Cable Operator or
who has not received a decision within the ten (10) day period as required shall be
entitled to have the complaint reviewed by the Franchising Authority.
2 The customer may initiate the review either by calling the Franchising Authority or by
filing a written complaint together with the Cable Operator's written decision, if any,
with the Franchising Authority
3 The customer shall make such tiling and notitication within twenty (20) days of receipt
of the Cable Operator's decision or, if no decision has been provided, within thirty (30)
days after tiling the original complaint with the Cable Operator.
4 If the Franchising Authority decides that further evidence is warranted, the Franchising
Authority shall require the Cable Operator and the customer to submit, within ten (10)
days of notice thereof, a written statement of the facts and arguments in support of their
respective positions.
5 The Cable Operator and the customer shall produce any additional evidence, including
any reports from the Cable Operator, which the Franchising Authority may deem
necessary to an understanding and determination of the complaint.
6. The Franchising Authority shall issue a determination within fifteen (15) days after
examining the materials submitted, setting forth its basis for the determination.
7 The Franchising Authority may extend these time limits for reasonable cause and may
intercede and attempt to negotiate an informal resolution
8. If the Franchising Authority determines that the customer's complaint is valid and that
the Cable Operator did not provide the complaining customer with the proper solution
and/or credit, the Franchising Authority may reverse any decision of the Cable Operator
in the matter and/or require the Cable Operator to grant a specitic 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 (as set t()rth in the attached Schedule A) by means of a withdrawal from the
Security Fund
D. Verification of Compliance.
The 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 or Service
The Franchising Authority may evaluate the overall quality of customer service provided by the
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Cable Operator to customers:
a. In conjunction 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 the Cable Operator and the Franchising Authority, and
the Cable Operator's response to those complaints.
F. Non-Compliance with Customer Service Standards.
Non-compliance with any provision of these Standards is a violation of these Standards.
G, Procedure for Remedying Violations.
If the Franchising Authority has reason to believe that the Cable Operator has failed to
comply with any of these Standards, or has failed to perform in a timely manner, the
Franchising Authority may demand in writing that the Cable Operator remedy the alleged
noncompliance If the alleged noncompliance is denied or not remedied to the
satisfaction of the Franchising Authority, the Franchising Authority may opt to follow
the following procedure
2 An informal meeting may be held to review the alleged noncompliance If this meeting
does not result in a resolution satisfactory to the Franchising Authority, the Cable
Operator may request or the Franchising Authority may require an administrative hearing
to determine if the noncompliance occurred. The Cable Operator shall be provided with
ten (10) days written notice of the time and the place of the hearing, the allegations of
noncompliance and the possible consequences of the noncompliance if substantiated.
3 After the administrative hearing, the Franchising Authority shall determine whether the
noncompliance has been substantiated. If the noncompliance is substantiated, the
Franchising Authority may order the Cable Operator to correct or remedy the
noncompliance within thirty (30) days (except where the noncompliance constitutes a
material safety hazard) and in the manner and on the terms and conditions that the
Franchising Authority establishes, or, in its sole discretion, the Franchising Authority
may tind a material violation of these Standards
4 If the Franchising Authority determines in its sole discretion that the noncompliance has
been substantiated, the Franchising Authority may
a. Impose assessments of one thousand dollars ($\ ,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, after further hearing, such rebates and cred its to affected customers as in
its sole discretion it deems reasonable and appropriate for degraded or
unsatisfactory services that constituted noncompliance with these Standards;
and lor
to
c. In its sole discretion, declare a violation of the franchise agreement, and in such
case, the noncompliance shall he a violation of the franchise agreement for the
purposes of the franchise agreement, triggering all available obligations and
remedies under the franchise agreement; and/or
d Withhold licenses and permits for work by the Cable Operator or its
subcontractors in accordance with applicahle law; and/or
e. Pursue any other legal or equitable remedy available under any applicable
franchise agreement or law
f. Any assessment or remedy shall not constitute a waiver by the Franchising
Authority of any other right or remedy it may have under any applicable
franchise agreement or law including any right to recover from the Cable
Operator any additional damages, losses, costs, and expenses, including actual
attorney's fees that are incurred by the Franchising Authority by reason of, or
arise out of noncompliance with these Standards
V. MISCELLANEOUS
A. Severability.
Should any section, subsection, paragraph, term, or provision of these Standards be determined
to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with
regard thereto, such determination shall have no effect on the validity of any other section,
suhsection, paragraph, term, or provision of these Standards, each of the latter of which shall
remain in full force and effect.
B. Non-Waiver.
Failure to enforce any prOVISIOn of these Standards shall not operate as a waiver of the
obligations or responsibilities of the Cable Operator under said provision, or any other provision
of these Standards
Revised 4/20/94
II
F-712 T-r~q P-004
JUN 15 '94 14:59
SCHEDULE A - CREDITS TO CUSTOMERS
STANDARDS OF CUSTOMER SERVICE
A. COURTESY
1.
All ~mployees of Cable Operator shall be friendly,
knowledgeable and helpfUl in their services.
B. ACCESSIBIUTY
1.
Cable Operator shall provide customer service centers at sites
lJ(;ceptable to the Franchising Authority, wI no subsoriber
further than 10 miles from one. Hours: M-F 7:00 a.m. to '7:00
p.m.: Sat. 9:00 a.m. to 1 :00 p.m.
2.
Cable Operator shall have local telephone access lines available
24 hour. a day, 7 days a week.
3.
Cable Operator will have dispatchers & technicians on call 24
hrs/day, 7 days/week.
4.
Calls are being answered in 30 seconds or less; transfers made
within 30 seconds. 90% monthly.
5.
CaliS receiving busy signels shall not exceed 3% of the total
telephone calls.
c. ReSPONSIVENESS
1.
GUlll'lll1teed 7-Day Resldentl811n&talllltion
a. Cable Operator shall complete installations requested
by customers within 7 business days after the order
has been placed.
b. All underground cable drops will be buried no less than
12in. and no more th8n one calendar week from tha
initial installation, or mutual agreement.
2.
Residential Installation Appointments
a. Cable Operator customers wanting installation of cable
mey choo68 any 4-hr time-block for instellCltion.
b.
Every Cable Opefator customer shall be contacted w/ln
2 wks after installation to assure customer satisfaction.
c.
Cable Operator will have fesponded to a service
request when technician arrives w/ln the agreed upon
time, notice left if customer is not homa. Reschedule
within 48 hours.
MINIMUM COMPENSATION
$15.00 credit to their account.
$5.00 credit to their eecount.
$5.00 credit to their account.
$6.00 credit to their account.
$5.00 credit to their account.
$5.00 credit to their account.
Free installation, or 1 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.
$5.00 credit to their account.
STANDARDS OF CUSTOMER SERVICE
3.
R..identflll Servioe Interruptions
CI. System outages resulting from Cable Operator
equipment failure affecting 5 or more customers shall
be corrected within 2 hours after the 3rd customer cell
Is received.
b.
All other Interruptions resulting from Cable Operator
equipment feilure shall be corrected end of the next
day.
c.
Cable Operator shall keep 0 file, for all service
interruptions and requests for service that result in a
service call.
d.
All service outages or interruptions beyond the control
of Cable Operator shall be corrected within 36 hrs.
4.
TV Reception Difficulties
a. Cable Operator will provide clear t.v. reception and
shall make repairs promptly, and intarrupt service only
for good cause and for the shortest time pOllsible.
b.
If a customer experienclls poor video or audio reception
due to Cable Operator's equipment, Cable Operator will
repair the problem no later than the next day, or at
customer's convenience.
5.
Problem Resolution
a. Cable Operator customer service reps. will be able to
provide credit, waive fee8. schedule appointments &
change billing cycles. Any difficulties that cannot be
re80lved by the customer 8ervlce rep. will be referred
to a supervisor who will contact the customer w/ln
4hrs end offer a solution to the problem wlin 48hrs.
6.
BUOng, Credits and Refund.
a. Conversion to Anniversary Billed System.
b.
Cable Operator shall issue a credit or refund wlln 30
days after determining the customer is entitled to one.
7.
Respectful Treatment o' Customer's Property
a. Coble Operator shall replace trees or shrubs damaged
from Installation.
b.
Cable Operator will restore any damaged property to
the same condition it was before damaged.
c.
Cable Operator will give notice to property owners
before entering premises, specifying the work to be
done.
.2
F-712 T-'l P-003
JUN 15 '94 14:58
MINIMUM COMPENSA nON
One day's service for each 24-hour
delay.
One day's service for each 24-hour
delay.
One day's service for ellch 24-hour
delay.
One day's service for each 24-hour
delay.
One day's free service for Bach 24-
hour delay.
One day's free service for each 24-
hour delay.
$5.00 credit to their account.
$5.00 credit to their account.
$5.00 credit to their account.
$10.00 credit plus any additional
repairs.
$10.00 credit plus any additional
repairs.
$10.00 credit plus any additional
repairs.
8T ANDARDS OF CUSTOMER SERVICE
d.
Cable Operator personnel shall clean up the ilrea
surroUnding a work site and properly dispose cable
materials.
O. S~RVI~ FOR CUSTOMERS WITH DISABILITIES
1.
Cable Operator Ihd provide the following services for
cult0met'8 w1tt\ d1sablHues at no addl1lonal charge:
a. Cable Opllrlltor will deliver and pick up converters lit
the home of customers with disabilities. In the case of
a malfunctioning converter, the technician shall replace
It wi a new one.
2.
Cable Operlltor will provide th. following lervicel for the
hearlng-lmpalred 8t no addldonal charge:
a. Cable Operator will provide TOO service wI trained
operators who can provide any assistance available.
3.
Cable Operator ahall provide free use of a remote cClntrol unit
to mobility-impaired customers.
4.
A customer wI a disability may requ8llt the above services by
providIng Cable Operator wi a letter from a physician stating
their condition, or by making the request to installer in person.
5. CUSTOMER INf'OAIIIIATION
1.
Upon installation, or at II customers request, Cable Operator
will provide the following informlltion:
a. Products and servioes offered.
b. Complete range of service options & prices.
c. Customer service standards;
d. Instruction on use of cable TV service & on standard
VCR hookups:
e. Billing, collection and disconnect policies;
f. Customer prlvacy requirements;
g. Complaint procedure, contlllnins the City or the
designated agency to whom the complaints should be
addressed;
h. Use and availability of AlB switch;
i. Use and availability of parental control/lock out device;
j. Special services for customers with visual, hearing or
mobility diSl;lbilities.
k. Days, times of operation, and locations of the customer
service cemers.
2.
Copies of all notices to Franchising Authority & GMCC.
3
F-712 T-r~'1 P-002
JUN 15 '94 14:58
MINIMUM COMPENSATION
$10.00 credit plus any additional
repairs.
$5.00 credit to their account.
$5.00 credit to their eccount.
$5.00 credit to their eocount.
$5.00 credit to their account.
Provide customer wi the requested
info. and $6.00 credit to account.
$6.00 credit to their account.
STANDARDS 0" CUSTOMER SERVICE
3.
Cable OperatOr will provide ctIatOmer. wI written notification
01 any' change in rllt.., programming, or ohannels lit least 30
days before the date of change.
4.
Every employee of Cable Operator in contact with customers
will wear In 10 card wI their name & photograph. Every
vehicle of Cable Operator will be visuallv ID'd B8 working for
Ceblo Op8"ltor. C.S.R'B will Identify themselves on the phone.
5.
Estlm8t8d colt of .ervlce III chllrges before work.
F. CUSTOMER PRIVACY
1.
Cable Operator will not monitor cable teleVision .ignala to
determln. viewing plltterns of I oustomer w/out. prior written
customer con88nt.
2. Cable Operator will not sell or make 8veilable customer lists or
other personelly Identifiable custOmer info. w/ovt prior written
customer consent.
G. IAFElY
, .
Cable Operator will install and locate its equipment in
compliance with all federlll. state. local, and company safety
8tenderd., and In such menner mat will not interfere with or
endanger persons or property.
H. SAnSFACTlON GUARANTFFIl
1 . Cable OperatOr will guerentee customer satisfaction for every
customer who requests new Installation of cable service or
adda any additional progrllmmlng service to hlalher cable
subscription.
F-71~ --639 P-001
JI..}I 15 "34 14: 58
MINIMUM COMPENIAnON
$6.00 credit to their eccount.
$6.00 credit to their account.
$6.00 credit to their eccount.
The customer has the choice of either
a cheek for at leeat $100.00, or a
credit to their account In the same
amount.
At least t25/day for each 24hr delay in
responding, plus additlomil rights or
caUI88 of ectIon evaUebte to the
customer .