Loading...
HomeMy WebLinkAboutOrdinance-2004-1333 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SCHULZ Council Bill No. 19 - 2004 Ordinance No. 1333 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 ("City Council") 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 ("GMTC") 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 "Exhibit 1" 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 Severability; Conflicting Ordinances Repealed.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thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 - 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 ~ on thiS ---D.fh day of September , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Heanng and consideration on final passage set for September 27 , 2004, at 7 00 o'clock pm, 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 6 to~, this 27th day of September , 2004. . .<l <<>=:) , i I ) Lr' dayot _.::>? b 'I'.....vw1 /./J2:?-- ' 2004. / . / (- SIGNED by the Mayor on this ATTEST. ,j ~~~; wJf Gerald E Dahl, City Attorney First Publication' September 16, 2004 Second Publication' September 30, 2004 Wheat Ridge Transcript. Effective Date: October 15, 2004 CNB\53027\484301 2 EXHIBIT 1 CNB\53027\484301 3 - Greater Metro Telecommunications Consortium Customer Service Standards Introduction The Greater Metro Telecommul11catlons Consortium has created the followmg Customer Service Standards (the "Standards") for distribution and adoption by Members. The purpose ofthe Standards is to establish uniform requirements for the quality of service cable operators are expected to offer their customers m the metropolitan area. The Standards are subject to change from time to time. The Franchise Authority encourages the Cable Operator to exceed these standards m their day- to-day operatIOns and as such, understands that the Cable Operator may modify their operatIOns m exceedmg these standards. The Standards mcorporate the Customer Service ObligatIOns published by the Federal Commul11catlons Commission (Section 76.309), April, 1993 and customer service standards of cable teleVISIOn service provIdcrs operatmg in the metro area. Based upon the assessment of the needs of cItizens m the metropohtan area, the GMTC adopted, modIfied and created standards specially tailored to members of the Greater Metro Telecommumcations Consortium. The Standards reqUire the cable operator to post a secunty fund or letter of credit ensunng Customer ServIce The secunty fund IS to be used when the cable company falls to respond to a citIzen complamt that the franchlsmg authonty determmes IS valid, and to provide a mechamsm by which to impose remedIes for noncompliance. It is the sincere hope and mtention of the GMTC that the secunty fund will never need to be drawn upon, however, the GMTC beheves that some enforcement measures are necessary GREA TER METRO TELECOMMUNICATIONS CONSORTIUM CUSTOMER SERVICE STANDARDS I. POLICY The Cable Operator should resolve citizen complaints Without delay and interference from the Franchlsmg Authonty Where a given complaint IS not addressed by the Cable Operator to the citizen's satisfaction, the Franchismg Authonty should mtervene. In addttlon, where a pattern ofunremedled complaints or noncompliance with the Standards is Identified, the Franchlsmg Authority should prescribc a cure and estabhsh a reasonable deadlme for implementation of the cure If the noncomphance IS not cured WIthin established deadlines, monetary sanctIOns should be imposed to encourage compliance and deter future non-compliance These Standards are mtended to be of general apphcatlOn, and are expected to be met undcr normal operatmg conditIOns, however. the Cable Operator shall be relieved of any obhgatlOns hereunder If It IS unable to perform due to a regIOn-wide natural emergency or m the event of force majeure affecting a slgmticant 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 mconslstent provIsion in federal, state or local la\\>, provided, however, that any provision m federal, state or local law, or 111 any ongmal franchise agreement or renewal agreement, that Imposes a higher oblIgatIOn or reqUirement than is Imposed by these Standards, shall not be considered contradictory or 111conslstent with these Standards. In the event of a cont1lct 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. withm the City/CoUl*J/Toww'CilY and Cuuuly uf \'" ,ILl'\"\ (Lll'6C II. DEFINITIONS When used m these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanll1gs 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 slgmficant interest m 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) thc one-way transmission to subscribers of (I) video programmmg, or (ll) other programmmg serVice, and (B) subscriber 111teractlOn, ifany, which IS reqUired for the selection or use of such video programming or other programmmg service For purposes of this detinition, "Video programming" IS programmmg provided by, or generally considered comparable to programmlI1g provided by a television broadcast statIOn, and "othcr programming service" is 111 form at IOn that a cablc operator makes available to all subscribers generally "Cablc System" shall mean a faCIlity, consistll1g of a set of closed transmIssion paths and associated signal generation, reception, and control eqUipment that IS deSigned to proVide cable service which ll1cludes vldco programm111g and whICh is proVided to multiple subscribers wlthll1 a commumty, but such term does not mclude (A) a facility that serves only to retransmit the televIsIOns signals of one or morc televIsIOn broadcast statIOns. or (B) a faCIlIty that serves subscribers WIthout using any publIc nght of way 2 - \~!i\r ~'"':\ .' \J r.:- 'v\1C \,' . \.,- "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 Representahve" (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, writmg serVIce or mstallatlOn orders, answenng customers' questions m person, receiving and processing payments, or performing any other customer service-related tasks. "Escalated complamt" means a complamt that IS referred to a Cable Operator by the Franchising Authonty "Franchising Authonty" shall mean the City (County or Town) and/or the Greater Metro TelecommunicatIOns ConsortIUm. "Greater Metro Telecommumcations ConsortIUm" or "GMTC" shall mean a Colorado agency formed by mtergovernmental 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 admmlster any or all functIOns under these Standards. "Information Service" shall mean the offenng of a capability for generatmg, acqUiring, stonng, transformmg, processmg, retneving, utilizmg, or makmg available information Via telecommUnicatIOns, and mcludes electromc publishmg, but does not include any use of any such capabilIty for the management, control, or operation of a telecommumcatlOns system or the management of a telecommunicatIOns service "Necessary" shall mean reqUired or mdispensable "Non-cable-related purpose" means any purpose that IS not necessary to render, or conduct a legitimate busmess 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-cabIc-related purposes. "Normal business hours" shall mean those hours dunng which Similar busmesses in the community are open to serve customers. In all cases, "normal business hours" must mclude at least some evening hours one mght per week, and/or some weekend hours. "Normal operatmg conditIOns" shall mean those service conditIOns which are wlthm the control of a Cable Operator Conditions which are not Within the control of a Cable Operator include, but are not necessanly limited to, natural disasters. ciVIl disturbances, power outages, telephone network outages, and severe or unusual weather conditions. ConditIOns which are ordmanly withm the control of a Cable Operator mc1ude, but are not necessanly limIted to, speCial promotions, pay-per-view events, rate mcreases, regular peak or seasonal demand penods and mamtenance or upgrade to the Cable System. 3 - "Personally Identdiable Information" means specific mformatlon about a Customer, mcluding, but not be limited to, a Customer's (a) logm mformatlOn, (b) extent ofviewmg of video programming or Other ServIces, (c) shoppmg chOices, (d) mterests and opmlOns, (e) energy uses, (t) medical mformation, (g) banking data or mformatlOn, (h) web browsmg activities, or (i) any other personal or private mformation. "Personally IdentJtiahle Information" shall not mean aggregate information about Customers which does not identify particular persons. or mformatlon gathered hy a Cable Operator necessary to Install, repair or service eqUipment or Cable System facilities at a Customer's premises. "Service mterruptlOn" or "mterruptlOn" 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 substantial Impairment 111 reception on all channels. \)J AI::.t- \" "Town" shall mean the Town of C \" /' ,- \-' Ulct:.. . Colorado Any terms not speCifically defined m these Standards shall be given their ordmary meanmg, or where otherwIse defined m applicable federal law, such terms shall bc intcrpreted 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/busmess offices (" service centers") such that no customer shall be located further than ten ( 1 0) miles away from a service center Except as otherWise approved by the Franchising Authonty, all service centers shall be open during Normal Busmess Hours, and shall be fully staffed with customer service representatives offenng the following servIces to customers who come to the servIce center' bill payment, eqUIpment exchange, processmg of change of service requests, and response to customer inqUIries and requests. The Franchising Authority may approve alternatIVes for service centers offenng lesser services or fewer hours at any site to which the public has general access. ^ Cable Operator shall post a sign at each service center, advlsmg customers of its hours of operation and of the addresses and telephone numbers at which to contact the FranclllSmg Authonty and the Cable Operator If the servtcc 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 m any manner due to the fault or negligence of the customer 4 - - 2 A Cable Operator shall maintain local telephone access lmes that shall be aVailable twenty- four (24) hours a day, seven (7) days a week for service/repair requests and billing inqumes. 3 A Cable Operator shall have dispatchers and techmclans 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 provldmg 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 wlthm sixty (60) seconds of the commencement of the recordmg. A Cable Operator shall retam sufficient customer service representatives and telephone Ime capacity to ensure that telephone calls to servlce/repair and billing mquiry 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 of the time measured monthly 5 Under normal operatmg 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 mstallatIons are those located up to one hundred twenty five (125) feet from the existmg distribution system. If the customer requests a nonstandard residential installatIOn. or the Cable Operator deternunes that a nonstandard reSidential installatIOn is required. the Cable Operator shall prOVide the customer m advance With a total mstallatIon cost estImate and an estimated date of completion. b All underground cable drops to the home shall be buned at a depth of no less than twelve mches (12"), or such other depth as may be required by the Franchise Agreement, and Within no more than one calendar week from the imtIaI installation, or at a tIme mutually agreed upon between the Cable Operator and the customer 2. ResidentIal Installation and Service Appomtments a. The "appointment wmdow" alternatives for speCific InstallatIOns, service calls, and/or othcr mstallation actIVities wIll be either a speCific time, or at a maXimum, a four (4) hour time block between the hours of8'00 a.m. and 6:00 p.m.. SIX (6) days per week. A Cable Operator may schedule service calls and other mstallation actiVities outside of the above days and hours for the express convemence of customers. 5 - b A Cable Operator may not cancel an appomtment with a customer after the close of busIness on the busmess day prior to the scheduled appointment. c If a Cable Operator IS runmng late for an appoIntment With a customer and wIll not he able to keep the appointment as scheduled. the customer Will be contacted promptly The appomtment 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 techmclan arnves. the technician leaves wntten notIfication of arn val and return tIme. and a copy of that notdlcatlOn 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 resultmg from Cable Operator eqUIpment failure. the Cable Operator shall correct such failure Within 2 hours after the 3rd customer calliS received. b All other service mterruptlOns resultIng from Cable Operator equipment 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 tile of any and all complaInts regarding the cable system or ItS operation of the cable system, m a manner consistent With the privacy rights of customers, and the Cable Operator's actIOns in response to those complaInts. These files shall remain open to the FranchiSIng Authonty dunng normal bUSIness hours. and shall be retained by the Cable Operator for a penod of at least three (3) years. 11. A Cable Operator shall proVide the Franchising Authority an executIve summary monthly, which shall include Information concermng customer complaInts referred by the Franchlsmg Authonty to the Grantee and any other requirements of a Franchise Agrcement but no personally Identifiable informatIOn. 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 Franclllsmg Authonty by the tenth ( 10th) day of the succeeding month. Complamts shall be brok.en out by the nature of the complaint and the type of Cable service subject to the complamt. ^ log of all service mterruptlOns shall be maIntained and provided to the Franchising Authonty quarterly d. Records of Service InterruptIOns and Outages. A Cable Operator shall maintam records of all outages and reported service mterruptlOns. Such records shall mdicate the type of service interrupted. Such records shall be submitted to the Franchismg Authonty with the records Identified m SectIOn 3 c Ii above, and shall be retained by the Cable Operator for a penod of three (3) years. 6 - e All service outages and 1l1terruptlOns for any cause beyond the control of the Cable Operator shall be corrected within thirty-six (36) hours, after the conditions beyond Its control have been corrected. 4 TV Reception a. A Cable Operator shall provide clear televIsIOn receptIOn that meets or exceeds technical standards established by the Umted States Federal CommulllcatlOns CommiSSIOn (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 IOterruptIons shall be preceded by notice and shall occur dUrIng periods ofmimmum use of the system, preferably between midnight and SIX a.m. (6'00 a.m.). b If a customer experiences poor video or audiO reception attnbutable to a Cable Operator's eqUIpment, the Cable Operator shall repaIr the problem no later than the day following the customer call. If an app01l1tment is necessary, the customer may choose a block. of time described in SectIon III C .2.a. At the customer's request. the Cable Operator shall repair the problem at a later tIme convement to the customer 5 Problem ResolutIOn A Cable Operator's customer service representatives shall have the authonty to provide credit for Illterrupted service or any of the other credits listed 111 Schedule A, to WaIve fees, to schedule service appoll1tments and to change blllmg cycles. where appropnate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropnatc supervisor who shall contact the customer wlth1l1 four (4) hours and resolve the problem withm forty eight (48) hours or wlthll1 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 beglOning date of the applicable service penod for payment of a customer's servIce bIll for that period. If a customer's service bill IS not paid Within that penod of time the Cable Operator may apply an adminIstratIVe fee to the customer's account. The admimstrative fee must reflect the average costs mcurred by the Cable Operator in attemptmg to collect the past due payment in accordance With applIcable law If the customer's service bIll IS not paid wlthm forty-five (45) days of the beglOnmg date of the applicable service penod, the Cable Operator may perform a "soft" dIsconnect of the customer's service Ifa customer's service bIll is not paId Within fifty-two (52) days ofthe beginnlOg date of the appllcablc servICe penod, the Cable Operator may disconnect the customer's serVice, providcd It has provided two (2) weeks notice to the customer that such discotmectlon may result. b The Cable Operator shall Issue a credit or refund to a customer Within 30 days after determinmg the customer's entitlement to a credit or refund. 7 -- c. Whenever the Cable Operator otTers any promotIOnal or specially pnced servlce(s) Its promotIOnal matenals shall clearly Identify and explain the specitic terms of the promotIOn, mcluding but not lImited to manner III 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 mlllnTIUm, trees and shrubs or other landscapmg that are damaged by a Cable Operator, any employee or agent of a Cable Operator dunng mstallatlOn or constructIOn shall be restored to their pnor 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 franclllse agreement. b A Cable Operator shall, at Its own cost and expense, and In a manner approved by the property owner and the Franchlsmg Authonty, restore any property to as good conditIOn as before the work causmg such dIsturbance was mitiated. A Cable Operator shall repalr, replace or compensate a property owner for any damage resultmg from the Cable Operator's installation, constructIOn, service or repair actiVities. c. Except In the case of an emergency mvolvIng publIc safety or service interruption to a large number of subscribers, a Cable Operator shall gIVe reasonable notice to property owners or legal tenants prior to entenng upon pnvate premises, and the notice shall specify the work to be performed, proVided that m 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. For pedestal Installation or Similar maJor constructIOn, seven (7) days. n. For routIne mamtenance, such as adding or dropping serVice, tree tnmmmg and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different reqUIrement, reasonable notIce shall reqUIre, at a mllllmum, prior notice to a property owner or tenant. before entry IS made onto that person's property IIi. For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant m person, and shall leave a door hanger notice in the event personal contact IS not made. Nothmg herein shall bc construed as authoriZIng access or entry to pnvate property, or any other property, where such nght 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 installatIOn of pedestals or other major constructIOn or mstallatlOn proJects, property owners shall also be notitied by maIl at least one week III advance. d. Cable Operator personnel shall clean all areas surroundmg any work site and ensure that all cable matenals have been disposed of properly D. Services for Customers with Disabilities 1. 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 techmcian shall provide replacement eqUipment, hook It up and ensurc that It IS working properly, and shall return the defective equipment to the Cable Operator 2 A Cable Operator shall prOVide TDD service with tramed operators who can proVide every type of assistance rendered by the Cable Operator's customer service representatIVes for any heanng-impaIred customer at no charge 3 A Cable Operator shall prOVide free use of a remote control umt to mobilIty-impaired (If disabled, m accordance with Section III D 4) customers. 4 Any customer With a disability may request the special services described above by provldmg a Cahle Operator With a letter from the customer's phYSician statmg the need, or by making the request to the Cable Operator's mstaller or service techmcian, where the need for the speCial services can be visually confirmed. E. Customer Information I Upon mstallatlon, and at an) tune the customer may request, a Cable Operator shall proVide the followmg informatIOn, in clear, concise written form (and m Spamsh, when requested by the customer) a. Products and services offered by the Cable Operator, mcludmg its channellmeup, b The Cable Operator's complete range of service optIons and the pnces for these serVices, c The Cable Operator's billing, collectIOn and disconnectIOn polIcies, d. Privacy rights of customers, e. All applIcable complaint procedures, mcludmg complaint forms and the telephone numbers and mailmg addresses ofthe Cable Operator, the FCC, and the Franchismg Authonty to whom the complamts should bc addressed, fUse and availability of parental controlllock out deVice; 9 - g. Special services for customers with disabilities, h. Days, tImes of operatIOn, and locatIOns of the sennce 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 Franchismg Authonty, which shall include at a mllllmum, the URL address of a website contamlllg these Standard m their entirety; provided however. that If the GMTC or Franchlslllg Authority does not mamtalll 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 mformatIon listed in thiS SectIOn by m3klllg the requested mtormation available electronically, such as on a website or by electromc mall. 2 Copies of all notIces proVided to the customer shall be tiled (by fax or emaIl acceptable) concurrently with the Franchislllg Authonty and the GMTC 3 A Cable Operator shall prOVide customers With written notItlcatlOn of any change m 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 III personal contact With customers and/or when worklllg on publIc property, shall wear on their outer clothing IdentIficatIOn cards beanng their name and photograph and Identlfymg them as representatIves of the Cable Operator The Cable Operator shall account for all IdentificatIOn cards at all times. Every vehicle ofthe Cable Operator shall be clearly Visually Identified to the public as working for the Cable Operator Whenever a Cable Operator work ere\\; IS III 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 contractmg or subcontracting for the Cable Operator 5. Each CSR, techniCian or employee of the Cable Operator III each contact wlth a customer shall statc the estimated cost of the service, repaIr, or Illstallation orally pnor to delIvery of the service or hefore any work IS performed, and shall proVide the customer with an oral statement of the total charges before terminatmg the telephone call or before leaving the locatIOn at which the work was performed. A wntten estImate ofthe charges shall be prOVided to the customer before the actual work IS performed. F. Customer Privacy 1 Cable Customer Pnvacv In addition to complying with the reqUIrements m thiS subsection, a Cable Operator shall fully comply With all oblIgatIOns undcr 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, mom tor or observe Personally Identifiable Information Without the pnor aftirmative wntten or electromc consent of the Customer unless, and only to the extent that such informatIon IS (i) used to detect unauthonzed 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 usmg the facilities of the Cable Operator in any manner. mcludmg, but not limited to, sendmg data or other signals through such facilities, to the extent such use Will permit an Aftiliate unauthonzed access to Personally IdentI1iable 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 mterpreted to prohibit an AffilIate from obtammg access to Personally Identifiable InformatIon to the extent otherWise pern11tted by thiS subsection F c A Cable Operator shall tak.e such actIOns as are reasonably necessary to prevent a person or entity (other than Aftillates) from usmg the facilities of the Cable Operator many manner, mcludmg, but not limited to, sending data or other Signals through such faCIlIties, to the extent such use will permit such person or entity unauthonzed 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 m the prOVISion of Cable Service 3 Disclosure of Personally Identifiable InformatIOn. A Cable Operator shall not disclose Personally Identifiable InformatIOn Without the pnor affirmative wntten or electrolllc 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 subscribing to any general programmIng tiers of serVIce and other categones of Cable and Other Service proVided by the Cable Operator If the Cable Operator has proVided the Customer the OpportUlllty to prohibit or hmlt such disclosure in accordance With thiS subsection F and SectIOn 63 1 of the Federal Commumcatlons Act, 47 U S C Section 551, and such dlsclosurc does not directly or mdirectly disclose I A Customer's extent of vlewmg of a 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, includmg, but not limited to a disclosure of the particular VICWIng selections by a person subscribing to a Cable Service; or 11i. The nature of any transactions made by a Customer over the Cable System of the Cable Operator ] 1 - IV The nature of programmmg that a Customer subscribes to or Vlews (I e., a Cable Operator may only disclose the tact that a person subscribes to a general tIer of service or a package of channels with the same type of programmmg) A mlmmum of thirty (30) days pnor to makmg any disclosure of Personally Identifiable InformatIon of any Customer as provided m this subsectIOn F3a, the Cable Operator shall notify m wntmg the Franchismg Authonty the fact that Personally IdentIfiable Information will be disclosed and each Customer (that the Cable Operator mtends 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 dlsclosure of such mformatlOn for Non-cable related purposes. The notIcc to Customers may be mcluded With or made a part ofthc Customer's monthly bill for Cable Service or may be made by separate mailed notice. Each tlmc that thiS notice is given to a Customer, the Cable Operator also shall provide the Customer With an opportUnIty to prohibit the disclosure of mformatlOn in the future Such opportumty shall be given m one of the followmg 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 Franchismg Authority Additionally, Within forty-five (45) days after each disclosure of Personally Identdiable InformatIOn of any Customer as proVided in this subsection F3a, the Cable Operator shall notify in writing the Franchlsmg Authonty the fact that Personally IdentIfiable Information was disclosed and each Customer (that the Cable Operator has disclosed mformation about) of thc specIfic mfonnation that has been disclosed, to whom it has been disclosed, and notice of the Customer's nght to prohibit the disclosure of such mformatlOn 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 opportumty to prohibit the disclosure of mformatlOn m the future Such opportumty 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 Authonty b A Cable Operator may disclose Personally Identifiable InformatIon only to the extent that it IS necessary to render. or conduct a legitImate busmess actIvity related to, a Cable Service or Other Service provided by the Cable Operator to the L ustomer c To the extent authorized by federal law, a Cable Operator may disclose Personally IdentItiable InformatIon pursuant to a subpoena or court order authonzmg such disclosure. 4 Access to Information. Any Personally Identlfiable InformatIOn collected and maintamed by a Cable Operator shall be made aVaIlable for Customer exammatlon wlthm thlrty (30) days of recelvmg a request by a Customer to examme such mformatlOn at the local offices of the Cable Operator or other convement place wlthm the City/County/City and County/Town deSignated by 12 - the Cable Operator Upon a reasonable showmg by the Customer that the mformatlon IS inaccurate, a Cable Operator shall correct such lllformatlOn. 5 Pnvacv Notice to Customers a. A Cable Operator shall annually mall a separate, wntten or electronic copy of the pnvacy statement to Customers consistent With 47 U S C SectIOn 551 (a)( 1), and shall proVide a Customer a copy of such statement at the time the Cable Operator enters mto an agreement With the Customer to provide Cable Service. The wntten notice shall be in a clear and conspIcuous format and be pnnted m ten-pomt type or larger. b In the statement required by subsection F5a, a Cable Operator shall state substantially the following regardmg the disclosure of Customer information. "Unless a Customer affirmatIvely consents electronically or m wnting to the disclosure of personally identIfiable mformation, any disclosure of personally ldentlfiable lllformatlOn for purposes other than to the extent necessary to render, or conduct a legitimate busllless activity related to, a Cable Service or Other Service, is limited to I Disclosure pursuant to a subpoena or court order authonzing such disclosure;, but only to the extent authonzed by applIcable federal law 11. Disclosure of the name and address of a Customer to any general programming tIers of service and other categones of Cable Services proVided by the Cable Operator that do not directly or llldirectly disclose (A) A Customer's extent of viewlllg 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 programnung 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 ofprogrammmg) The notlce shall also lllform the Customers of their nght to prohibit the disclosure of their names and addresses m accordance With SubsectIOn b for non-cable related purposes. ThiS opportul11ty Will be presented in the form of a toll-tree telephone number and/or a postage paId, self- addressed post card, proVided by the Cable Operator With the pnvacy notice or other manner acceptable to the FranclllSmg Authonty If a Customer exercises hiS or her nght to prohibit the disclosure of name and address as proVided In subsection F3a or thiS subsectIOn, such prohibitIOn agalllst disclosure shall remam in cffect permanently, unless the Customcr subsequently notIfies the Cable Operator in writing that he or she wishes to permit the Cable Operator to dlsclose his/her name and address. 6 Pnvacy Reportlllg Reuuirements. The Cable Operator shallmclude m its regular penodlc reports to the Franchising Authonty required by Its Franchlse Agreement lllformatlon summanzlllg' 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 IdentIfiable InformatIOn collected or disclosed, a statement sufficient to demonstrate that the Personally IdentIfiable Information collected or disclosed was: (A) collectcd or dIsclosed only to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other ServIce proVided by the Cable Operator; (B) used only to the cxtent Necessary to detect unauthonzed receptIOn of cable communicatIons (C) disclosed pursuant to a subpoena or valId court order or to a governmental entity to the extent required by federal law; (D) names and addresses disclosed m complIance With subsectIon a of thiS sectIon, or (E) a disclosure of personally Identifiable information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in wntmg or electronically c The names of all entitles 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 tak.en, to prevent the unauthorized access to Personally IdentIfiable Information by a person other than the Customer or the Cable Operator ^ 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 m thiS subsectIOn f shall be construed to prevent the FranchIsing Authonty from obtammg Personally IdentIfiable Intormatlon to the extent not prohibited by SectIon 631 of the CommUl1lCatlOns Act, 47 US C Section 551 8 Any aggneved person may commence a CIVil actIOn tor damages tor invaSIOn of pnvacy against any Cable Operator 9 DestructIOn of Personally Identifiable Information. A Cable Operator shall destroy, wlthm ninety (90) days, any Personally Identifiable InformatIon 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 tor access to such Personally Identifiable Information under subsection 3 of thiS subsection, pursuant to a court order. or pursuant to SectIOn 631 of the C ommumcations Act. 47 U S C SectIOn 551 G. Safety A Cablc Operator shall install and locate its factlities, cable system, and equipment in complIance with all federal. state. local. and company safety standards. and l\1 such manner as shall not unduly mterfere 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 Investigate such conditIOn ImmedIately, and shall take such measures as are necessary to remove or elimmate any unsafe condition. H. Satisfaction Guaranteed A Cable Operator shall guarantee customer satisfaction for every customer who requests new Installation of Cable Service or adds any additIOnal service to the customer's subscnptlOn. 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 been disconnected. IV. COMPLAINT PROCEDURE A. Complaints to a Cable Operator 1 ^ Cable Operator shall establIsh written procedures for receiving, actIng upon, and resolving customer complaInts, and crediting customer accounts and shall have such procedures pnnted and dissemInated at the Cable Operator's sole expense, consistent With Section III.E.l.e of these Standards. 2 SaId wntten procedures shall prescribe a Simple manner In which any customer may submit a complamt by telephone or In wntIng to a Cable Operator that It has Violated any proVision of these Customer Service Standards, any terms or conditIOns of the customer's contract With the Cable Operator, or reasonable bUSIness practices. 3 At the conclUSIOn of the Cable Operator's investigatIon of a customer complaInt, but m no more than ten ( 10) calendar days after receiVIng the complaInt, the Cable Operator shall notify the customer of the results of Its mvestIgatlon and its proposed actIOn or crcdlt. 4 A Cable Operator shall also notify the customer of the customer's nght to file a complaInt With the FranchiSIng Authonty In the event the customer IS dissatisfied With the Cable Operator's deCISion, and shall thoroughly explain the necessary procedures for filIng such complamt With the FranchiSIng Authonty 5 A Cable Operator shalllmmcdlatcly rcport 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 Franchlsmg Authonty pnor 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 following shall apply- 15 1. Withm thirty (30) days of the effectIVe date of these Standards or the effectIVe date of any franchise granted by the Franchlsmg Authonty, whichever occurs first, a Cable Operator shall deposit With an escrow agent approved by the FranclllSmg Authority one hundred thousand dollars ($100,000) or, m the sole discretion of the Franchismg Authority, such Jesser amount as the Franchising Authonty deems reasonable to protect subscribers wlthm Its junsdlction. Alternatively, at the Cable Operator's discretIOn, It may provide to the Franchlsmg Authonty an irrevocable letter of credit m the same amount. Such amount may, with the approval of the Franchlsmg Authonty, be posted Jomtly for more than one member of the UMTC, and may be admmistered, and drawn upon, Jointly by the GMTC or drawn upon mdivldually by each member The escrowed funds or lctter of credit shall constitute the "Secunty Fund" for ensunng complIance With these Standards for the benefit of the FranclllSmg Authonty The escrowed funds or letter of credit shall be mamtamed by a Cable Operator at one hundred thousand dollars ($100.000), or such lesser amount accepted by the Franchismg Authonty, even If amounts are withdrawn pursuant to any proviSIOn ofthese Standards. 2. The Franchising Authority may reqUIre the Cable Operator to mcrease the amount of the Secunty Fund, If it finds that new nsk factors eXist which necessitate such an Increase 3 The Security Fund shall serve as secunty for the payment of any penalties, fees, charges or credits as provided for herem and for the performance by aCable Operator of all ItS obligations under these Customer ServICe Standards. 4 The nghts reserved to the Franchlsmg Authonty WIth respect to the Secunty Fund are in additIOn to all other nghts of the Franchismg Authonty, whether reserved by any applIcable franchise agreement or authonzed by law, and no action, proceedmg or exerCIse of a nght With respect to same shall in any way affect, or dinlllllsh, any other nght the Franchismg Authonty 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 withm the time penod set forth below shall be entitled to have the complamt reViewed by the Franchismg Authonty 2. The customer may Imtiate the review either by callmg the Franchising Authority or by filing a wntten complamt together With the Cable Operator's written deCision. if any, With the Franchismg Authority 3 The customer shall make such filmg and notItication wlthm twenty (20) days ofreceipt of the Cable Operator's decision or, ifno decision has been proVided, wlthm thirty (30) days after filIng the origmal complamt with the Cable Operator 4 If the Franchising Authority decides that further eVidence IS warranted, the Franchlsmg Authonty shall reqUIre the Cable Operator and the customer to submit, wlthm ten (10) days of 16 notice thereof, a wntten statement of the facts and arguments m 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 Franchlsmg Authonty may dcem necessary to an understanding and determmatlOn of the complamt. 6 The Franchlsmg Authonty shall Issue a determmatlOn wlthm fifteen (15) days of recelvmg thc customer complaint, or after exammmg the matenals submitted, settIng forth Its baSIS for the determinatIOn. 7 The franchising Authonty may extend these time lImits for reasonable cause and may mtercede and attempt to negotIate an mformal resolution. 8 If the Franchlsmg Authonty determmes that the customer's complamt is valid and that the Cable Operator did not provide the complaimng customer With the proper solution and/or credit, the Franchising Authonty may reverse any deCISIOn of the Cable Operator m the matter and/or reqUIre the Cable Operator to grant a speCific solution as determined by the Franchismg Authonty In its sole discretIon, and/or any credit proVided for m thcse Standards, or the Franchismg Authonty may prOVide the customer With thc amount of the credit by means of a Withdrawal from the Secunty Fund. D. Verification of Compliance A Cable Operator shall establIsh Its compliance with any or all of the standards reqUIred through annual rcports that demonstrate said compliance, or as requested by the Franchlsmg Authonty E. Overall Quality of Service The Franchismg Authonty may evaluate the overall qualIty of customer service prOVided by a Cable Operator to customcrs a. In conjunction With any performance review proVided for m the franchise agreement; and b At any other tIme, at ItS sole discretion, based on the number of customer complamts received by a Cable Operator and the franchlsmg Authonty, and the Cable Operator's response to those complamts. F, Procedure for Remedying Violations L If the Franchlsmg Authonty has reason to believe that a Cable Operator has fmled to comply With any of these Standards, or has failed to perform m a timely manner, the FranchIsing Authonty may pursue the proccdures in its hanchlse Agreement to address VIOlatIOns of these Standards m a like manner as other tranchise violatIOns are conSidered. 17 2. Follow1l1g the procedures set forth 111 any Franchise Agreement govermng the manner to address alleged Franchise VIOlatIOns, Ifthc FranchISIng Authority determmes III its sole discretIOn that the noncompliance has been substantiated, 111 additIOn to any remedies that may be prOVided m the Franchise Agreement, the Franchlslllg Authority may' a. Impose assessments of up to one thousand dollars ($1,000 00) per day, to be Withdrawn from the Secunty Fund III additIOn to any franchise fee untIl the non-compliance is remedied. and/or b Order such rebates and credits to atTected customers as m Its sole discretion It decms 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 of these Standards be determmed to be illegaL Illvalid, or unconstItutIOnal by any court or agency of competent JunsdlctIon wlth regard thereto. such dctermmatlOn 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 etTect. B. Non-Waiver Failure to enforce any provIsion of these Standards shall not operate as a walVer 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 ST ANDARDS OF CUSTOMER SERVICE 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) A. COURTESY 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 ti'om one. 2. Cable Operator shall have local telephone access lines that are $500 credit to their account. available 24 hours a day 7 days a week. 3 Cable Operalor shall have dispatchers and technicians on call 24 $5 00 credit to their account. hours a day, 7 days a week. 4 Cable Operator shall have sufficient customer service $5 00 credit to their account. representatives and telephone line capacity 10 ensure that calls are answered in 60 seconds or less 900'0 of the time. measured monthly 5 Calls receiving busy signals shall not exceed 3% of the total $500 credit to their account. telephone calls 900/0 of the time. measured monthly C. RESPONSIVENESS I. 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. Free installation. or I month's basic service. if the fee has been wai ved for promotional reasons. b All underground cable drops will be buried no less than 12 inches deep (6 inches deep irthere 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 bel ween the hours of 8'00 a.m. and 6'00 p.m. six days per week. $5 00 credit to their account. b Cable Operator may not cancel an appointment with Customer after the close or business on the business day prior to the date of the scheduled appointment. $5 00 credit to their account. STANDARDS OF CUSToMER SERVICE strGGESTED MINIMUM COMPENSATION 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 notitication 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. 4. Residential Service Interruptions a. System outages resulting from Cable Operator equipment failure, shall be corrected within 2 hours atier the 3rd customer call is received. b. All other interruptions resulting from Cable Operator equipment failure shall be corrected by the end of the next calendar day One day's tree 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. c. Cable Operator shall keep a tile 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 of those complaints and submit to the franchising authority monthly A log of all service interruptions shall be submitted to the franchising authority quarterly 6. Billing, Credits and Refunds a. Cable Operator will allow 30 days from the date of the bill $500 credit to their account. 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. 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. ST ANDARDS OF CUSTOmER SERVICE for payment. Ifnot paid within 30 days of the date, Cable Operator may apply an administrative fee Ifnot paid within 45 days of the date, Cable Operator may perform a "solt" disconnect of the customer's service. S'l'rGGESTED MINIMUM COMPENSA TION b Cable Operator shall issue a credit or retund within 30 days $5 00 credit to their account. alter determining thc 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 Irees or shrubs damaged during installation. b. Cable Operator shall restore any damaged property to the same condilion it was before damage occurred. c. Except in cases of emergency, Cable Operator shall give reasonable notice 10 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. $1000 credit plus any additional repairs. $ I 0 00 credit plus any additional repairs. $1000 credit plus any additional repairs. $1000 credit plus any additional repairs. 0, SERVICES FOR CUSTOMERS WITH DISABILITIES I Cable Operator shall deliver and pick up equipmenl at the home of $5 00 crcdit to Iheir 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 TOO 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 $500 credit to their account. providing Cable Operalor with a lelter 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 bc 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 serviccs offered including channel lineup, b Complele 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 2. Complaint procedures, including forms, telephone numbers and mailing address of the Cable Operator. the FCC and the franchising authority, Use and availability of parental control/lock out device: Special services for customers with disabilities: Days, times of operation, and locations of the services centers: i. Either a COpy of these Cuslomer 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. Copies of all notices provided to the customer shall be filed concurrently with the franchising authority and the GMTC Cable Operator will provide customers with written notification of any change in rates, programming, or channel positions at least 30 days before the effective date of change. e f a O' h. 3 4 Every employee of Cable Operator in contact with customers or when working on public property will wear an identitication card with their name and photograph. Every vehicle of Cable Operator or subcontractor shall be visually identitied 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 Identitiable Information without written pcrmission from the customer unless such information is used to detcct unauthorized reception of cable service, or is necessary to render Cable Service to the customer ~ b Cable Operator shall not violate any other provisions of Section 111.1' 1-3 of the Customer Service Standards. Access to Information. Cable Operator shall make personally identifiable information available to customers pursuant to Section II 1.1' 4 of the Customer Service Standards. Privacy Notices. Cable Operator shall comply with all provisions of Section III 1'.5 of the Customer Service Standards. Destruction of Personally Identifiable Information. Cable Opcrator shall destroy all personally identifiable information of customers in accordance with Section llI.F 9 of the Customer Service Standards. 3 4 G. I 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 wilh or endanger persons or property S'OGGESTED MINIMUM COMPENSATION $5 00 credit to their account $5 00 credit to their accounl The customer shall receivc 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 trom 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 Ihe customer STANDARDS OF CUSToMER SERVICE H. SATISFACTION GUARANTEED Cable Operator will guarantee customer satisfaction for ever} 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. MrGGESTED MINIMUM COMPENSATION One month's subscription charge for the service that has been disconnected.