|
|
|
 |
CABLE TELEVISION CUSTOMER SERVICE STANDARDS
Sections:
5.45.010 Short title.
5.45.020 Policy for customer service standards.
5.45.030 Definitions.
5.45.040 Customer service.
5.45.050 Complaint procedure.
5.45.060 Miscellaneous.
5.45.010 Short title.
The ordinance codified in this chapter shall be known as the Lakewood cable
television customer service standards ordinance. (Ord. O-2004-46 § 1, 2004;
Ord. O-94-49 § 1 (part), 1994).
5.45.020 Policy for customer service standards.
The Cable Operator should 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 unremedied complaints or noncompliance with the Standards is identified,
the Franchising Authority should prescribe a cure and establish a reasonable
deadline for implementation of the cure. If the noncompliance is not cured within
established deadlines, monetary sanctions should be imposed to encourage compliance
and deter future non-compliance.
These Standards are intended to be of general application, and are expected
to be met under normal operating conditions; however, the Cable Operator shall
be relieved of any obligations hereunder if it is unable to perform due to a
region-wide natural emergency or 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.
These Standards supercede any contradictory or inconsistent provision in federal,
state or local law, provided, however, that any provision in federal, state
or local law, or in any original franchise agreement or renewal agreement, that
imposes a higher obligation or requirement than is imposed by these Standards,
shall not be considered contradictory or inconsistent with these Standards.
In the event of a conflict between these Standards and a Franchise Agreement,
the Franchise Agreement shall control.
These Standards apply to the provision of any Cable Service, provided by a Cable
Operator over a Cable System, within the City of Lakewood. (Ord. O-2004-46 §1,
2004; Ord. O-94-49 § 1 (part), 1994).
5.45.030 Definitions.
When used in these Customer Service Standards (the "Standards"), the
following words, phrases, and terms shall have the meanings given below.
"Adoption" shall mean the process necessary to formally enact the
Standards within the Franchising Authority's jurisdiction under applicable ordinances
and laws.
"Affiliate" shall mean any person or entity that is owned or controlled
by, or under common ownership or control with, a Cable Operator, and provides
any Cable Service or Other Service.
"Cable Operator" shall mean any person or group of persons (A) who
provides cable service over a cable system and directly or through one or more
affiliates owns a significant interest in such cable system, or (B) who otherwise
controls or is responsible for, through any arrangement, the management and
operation of such a cable system.
"Cable Service" shall mean (A) the one-way transmission to subscribers
of (i) video programming, or (ii) other programming service, and (B) subscriber
interaction, if any, which is required for the selection or use of such video
programming or other programming service. For purposes of this definition, "video
programming" is programming provided by, or generally considered comparable
to programming provided by a television broadcast station; and "other programming
service" is information that a cable operator makes available to all subscribers
generally.
"Cable System" shall mean a facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control
equipment that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community, but such term
does not include (A) a facility that serves only to retransmit the televisions
signals of one or more television broadcast stations, or (B) a facility that
serves subscribers without using any public right of way.
"City" shall mean the City of Lakewood, Colorado.
"Customer" shall mean any person who receives any Cable Service from
a Cable Operator.
"Customer Service Representative" (or "CSR") shall mean
any person employed with or under contract or subcontract to a Cable Operator
to assist, or provide service to, customers, whether by telephone, writing service
or installation orders, answering customers' questions in person, receiving
and processing payments, or performing any other customer service-related tasks.
"Escalated complaint" means a complaint that is referred to a Cable
Operator by the Franchising Authority.
"Franchising Authority" shall mean the City and/or the Greater Metro
Telecommunications Consortium.
"Greater Metro Telecommunications Consortium" or "GMTC"
shall mean a Colorado agency formed by intergovernmental agreement between its
Members, local governmental subdivisions of the State of Colorado. The GMTC
may be delegated the authority to enforce cable television franchises and cable
system operations for its Member communities, and may administer any or all
functions under these Standards.
"Information Service" shall mean the offering of a capability for
generating, acquiring, storing, transforming, processing, retrieving, utilizing,
or making available information via telecommunications, and includes electronic
publishing, but does not include any use of any such capability for the management,
control, or operation of a telecommunications system or the management of a
telecommunications service.
"Necessary" shall mean required or indispensable.
"Non-cable-related purpose" means any purpose that is not necessary
to render, or conduct a legitimate business activity related to a Cable Service
or Other Service provided by a Cable Operator to a Customer. Market research,
telemarketing, and other marketing of services or products shall be considered
Non-cable-related purposes.
"Normal business hours" shall mean those hours during which similar
businesses in the community are open to serve customers. In all cases, "normal
business hours" must include at least some evening hours one night per
week, and/or some weekend hours.
"Normal operating conditions" shall mean those service conditions
which are within the control of a Cable Operator. Conditions which are not within
the control of a Cable Operator include, but are not necessarily limited to,
natural disasters, civil disturbances, power outages, telephone network outages,
and severe or unusual weather conditions. Conditions which are ordinarily within
the control of a Cable Operator include, but are not necessarily limited to,
special promotions, pay-per-view events, rate increases, regular peak or seasonal
demand periods and maintenance or upgrade to the Cable System.
"Personally Identifiable Information" means specific information about
a Customer, including, but not be limited to, a Customer's (a) login information,
(b) extent of viewing of video programming or Other Services, (c) shopping choices,
(d) interests and opinions, (e) energy uses, (f) medical information, (g) banking
data or information, (h) web browsing activities, or (i) any other personal
or private information. "Personally Identifiable Information" shall
not mean aggregate information about Customers which does not identify particular
persons, or information gathered by a Cable Operator necessary to install, repair
or service equipment or Cable System facilities at a Customer's premises.
"Service interruption" or "interruption" shall mean (i)
the loss or substantial impairment of picture and/or sound on one or more cable
television channels.
"Service outage" or "outage" shall mean a loss or substantial
impairment in reception on all channels.
Any terms not specifically defined in these Standards shall be given their ordinary
meaning, or where otherwise defined in applicable federal law, such terms shall
be interpreted consistent with those definitions. (Ord. O-2004-46 §1, 2004;
Ord. O-94-49 § 1 (part), 1994).
5.45.040 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
1. Within sixty (60) days of the effective date of these Standards, a Cable
Operator shall provide, customer service centers/business offices ("service
centers") such that no customer shall be located further than ten (10)
miles away from a service center. Except as otherwise approved by the Franchising
Authority, all service centers shall be open during Normal Business Hours, 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 or fewer hours at any site to which
the public has general access. A Cable Operator shall post a sign at each service
center, advising customers of its hours of operation and of the addresses and
telephone numbers at which to contact the Franchising Authority and the Cable
Operator if the service center is not open at the times posted. A Cable Operator
shall provide free exchanges of faulty equipment at the customer's address if
the converter has not been damaged in any manner due to the fault or negligence
of the customer.
2. A Cable Operator shall maintain local telephone access lines that shall be
available twenty-four (24) hours a day, seven (7) days a week for service/repair
requests and billing inquiries.
3. A Cable Operator shall have dispatchers and technicians on call twenty-four
(24) hours a day, seven (7) days a week, including legal holidays.
4. If a customer service telephone call is answered with a recorded message
providing the customer with various menu options to address the customer's concern,
the recorded message must provide the customer the option to connect to and
speak with a CSR within sixty (60) seconds of the commencement of the recording.
A Cable Operator shall retain sufficient customer service representatives and
telephone line capacity to ensure that telephone calls to service/repair and
billing inquiry lines are answered by a customer service representative within
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 operating conditions, a customer shall not receive a busy signal
more than three percent (3%) of the time. This standard shall be met ninety
(90) percent or more of the time, measured monthly.
C. Responsiveness
1. Guaranteed Seven-Day Residential Installation
a. A Cable Operator shall complete all standard residential installations or
modifications to service requested by customers within seven (7) business days
after the order is placed, unless a later date for installation is requested.
"Standard" residential installations are those located up to one hundred
twenty five (125) feet from the 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 to the home shall be buried at a depth of no
less than twelve inches (12"), or such other depth as may be required by
the Franchise Agreement, and 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 Appointments
a. The "appointment window" alternatives for specific installations,
service calls, and/or other installation activities will be either a specific
time, or at a maximum, a four (4) hour time block between the hours of 8:00
a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service
calls and other installation activities outside of the above days and hours
for the express convenience of customers.
b. A Cable Operator may not cancel an appointment with a customer after the
close of business on the business day prior to the scheduled appointment.
c. If a Cable Operator is running late for an appointment with a customer and
will not be able to keep the appointment as scheduled, the customer will be
contacted promptly. The appointment will be scheduled, as necessary at a time
that is convenient to the customer.
d. A Cable Operator shall be deemed to have responded to a request for service
under the provisions of this section when a technician arrives within the agreed
upon time, and, if the customer is absent when the technician arrives, the technician
leaves written 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 resulting from Cable Operator equipment failure,
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. Records of Complaints.
i. A 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 response to those complaints. These files shall remain open to the
Franchising Authority during normal business hours, and shall be retained by
the Cable Operator for a period of at least three (3) years.
ii. A Cable Operator shall provide the Franchising Authority an executive summary
monthly, which shall include information concerning customer complaints referred
by the Franchising Authority to the Grantee and any other requirements of a
Franchise Agreement 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 Franchising Authority by the tenth (10th) day of the succeeding
month. Complaints shall be broken out by the nature of the complaint and the
type of Cable service subject to the complaint. A log of all service interruptions
shall be maintained and provided to the Franchising Authority quarterly.
d. Records of Service Interruptions and Outages. A Cable Operator shall maintain
records of all outages and reported service interruptions. Such records shall
indicate the type of service interrupted. Such records shall be submitted to
the Franchising Authority with the records identified in Section 3.c.ii above,
and shall be retained by the Cable Operator for a period of three (3) years.
e. All service outages and interruptions 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 United States Federal Communications
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 interruptions shall be preceded by notice
and shall occur during periods of minimum 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 attributable to a
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, the
customer may choose a block of time described in Section 5.45.040 (C)(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
A Cable Operator's customer service representatives shall have the authority
to provide credit for interrupted service or any of the other credits listed
in Schedule A, to waive fees, to schedule service appointments and to change
billing cycles, where appropriate. Any difficulties that cannot be resolved
by the customer service representative shall be referred to the appropriate
supervisor who shall contact the customer within four (4) hours and resolve
the problem within forty eight (48) hours or within such other time frame as
is acceptable to the customer and the Cable Operator.
6. Billing, Credits, and Refunds
a. A Cable Operator shall allow at least thirty (30) days from the beginning
date of the applicable service period for payment of a customer's service bill
for that 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. The administrative fee must reflect the average costs incurred by the
Cable Operator in attempting to collect the past due payment in accordance with
applicable law. 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 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.
c. Whenever the Cable Operator offers any promotional or 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 will be applied.
7. Treatment of Property
To the extent that a Franchise Agreement does not contain the following procedures
for treatment of property, Operator shall comply with the procedures set forth
in this Section.
a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs
or other landscaping that are damaged by a Cable Operator, any employee or agent
of a Cable Operator during installation or construction shall be restored to
their prior condition or replaced. Trees and shrubs shall not be removed without
the prior permission of the owner or legal tenant of the property on which they
are located. This provision shall be in addition to, and shall not supersede,
any requirement in any franchise agreement.
b. A Cable Operator shall, at its own cost and expense, and in a manner approved
by the property owner and the Franchising Authority, restore any property to
as good condition as before the work causing such disturbance was initiated.
A Cable Operator shall repair, replace or compensate a property owner for any
damage resulting from the Cable Operator's installation, construction, service
or repair activities.
c. Except in the case of an emergency involving 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 entering upon private premises,
and the notice shall specify the work to be performed; provided that in the
case of construction operations such notice shall be delivered or provided at
least twenty-four (24) hours prior to entry. For purposes of this subsection,
"reasonable notice" shall be considered:
i. For pedestal installation or similar major construction, seven (7) days.
ii. For routine maintenance, such as adding or dropping service, tree trimming
and the like, reasonable notice given the circumstances. Unless a Franchise
Agreement has a different requirement, reasonable notice shall require, at a
minimum, prior notice to a property owner or tenant, before entry is made onto
that person's property.
iii. For emergency work a Cable Operator shall attempt to contact the property
owner or legal tenant in person, and shall leave a door hanger notice in the
event personal contact is not made.
Nothing herein shall be construed as 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 one hundred (100) percent
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.
d. 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.
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
technician shall provide replacement equipment, hook it up and ensure that it
is working properly, and shall return the defective equipment to the Cable Operator.
2. A Cable Operator shall provide TDD service with trained operators who can
provide every type of assistance rendered by the Cable Operator's customer service
representatives for any hearing-impaired customer at no charge.
3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired
(if disabled, in accordance with Section 5.45.040 (D) (4) customers.
4. Any customer with a disability may request the special services described
above by providing a Cable Operator with a letter from the customer's physician
stating the need, or by making the request to the Cable Operator's installer
or service technician, where the need for the special services can be visually
confirmed.
E. Customer Information
1. Upon installation, and at any time the customer may request, a Cable Operator
shall provide the following information, in clear, concise written form (and
in Spanish, when requested by the customer):
a. Products and services offered by the Cable Operator, including its channel
lineup;
b. The Cable Operator's complete range of service options and the prices for
these services;
c. The Cable Operator's billing, collection and disconnection policies;
d. Privacy rights of customers;
e. 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;
f. Use and availability of parental control/lock out device;
g. Special services for customers with disabilities;
h. Days, times of operation, and locations of the service centers;
i. Either a complete copy of these Standards and any other applicable customer
service standards, or a summary of these Standards, in a format to be approved
by GMTC and the Franchising Authority, which shall include at a minimum, the
URL address of a website containing these Standard in their entirety; provided
however, that if the GMTC or Franchising Authority does not maintain a website
with a complete copy of these Standards, a Cable Operator shall be under no
obligation to do so;
If acceptable to a customer, Cable Operator may fulfill customer requests for
any of the information listed in this Section by making the requested information
available electronically, such as on a website or by electronic mail.
2. Copies of all notices provided to the customer shall be filed (by fax or
email is acceptable) concurrently with the Franchising Authority and the GMTC.
3. A Cable Operator shall provide customers with written notification of any
change in rates, programming, 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 in personal contact with customers and/or when working
on public property, shall wear on their outer clothing identification cards
bearing their name and photograph and identifying them as representatives of
the Cable Operator. The Cable Operator shall account for all identification
cards at all times. Every vehicle of the Cable Operator shall be clearly visually
identified to the public as working for the Cable Operator. Whenever a Cable
Operator work crew is in personal contact with customers or public employees,
a supervisor must be able to communicate clearly with the customer or public
employee. Every vehicle of a subcontractor or contractor shall be labeled with
the name of the contractor and further identified as contracting or subcontracting
for the Cable Operator.
5. Each CSR, technician or employee of the Cable Operator in each contact with
a customer shall state the estimated cost of the service, repair, or installation
orally prior to delivery of the service or before any work is performed, and
shall provide the customer with an oral statement of the total charges before
terminating the telephone call or before leaving the location at which the work
was performed. A written estimate of the charges shall be provided to the customer
before the actual work is performed.
F. Customer Privacy
Cable Customer Privacy. In addition to complying with the requirements in this
subsection, a Cable Operator shall fully comply with all obligations under 47
U.S.C. Section 551.
1. Collection and Use of Personally Identifiable Information.
a. A Cable Operator shall not use the Cable System to collect, record, monitor
or observe Personally Identifiable Information without the prior affirmative
written or electronic consent of the Customer unless, and only to the extent
that such information is: (i) used to detect unauthorized reception of cable
communications, or (ii) necessary to render a Cable Service or Other Service
provided by the Cable Operator to the Customer.
b. A Cable Operator shall take such actions as are necessary to prevent any
Affiliate from using the facilities of the Cable Operator in any manner, including,
but not limited to, sending data or other signals through such facilities, to
the extent such use will permit an Affiliate unauthorized access to Personally
Identifiable Information on equipment of a Customer (regardless of whether such
equipment is owned or leased by the Customer or provided by a Cable Operator)
or on any of the facilities of the Cable Operator that are used in the provision
of Cable Service. This subsection 5.45.040 (F)(1)(b) shall not be interpreted
to prohibit an Affiliate from obtaining access to Personally Identifiable Information
to the extent otherwise permitted by this subsection F.
c. A Cable Operator shall take such actions as are reasonably necessary to prevent
a person or entity (other than Affiliates) from using the facilities of the
Cable Operator in any manner, including, but not limited to, sending data or
other signals through such facilities, to the extent such use will permit such
person or entity unauthorized access to Personally Identifiable Information
on equipment of a Customer (regardless of whether such equipment is owned or
leased by the Customer or provided by a Cable Operator) or on any of the facilities
of the Cable Operator that are used in the provision of Cable Service.
2. Disclosure of Personally Identifiable Information. A Cable Operator shall
not disclose Personally Identifiable Information without the prior affirmative
written or electronic 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 categories of Cable and Other Service provided by the Cable Operator
if the Cable Operator has provided the Customer the opportunity to prohibit
or limit such disclosure in accordance with this subsection F and Section 631
of the Federal Communications Act, 47 U.S.C. Section 551, and such disclosure
does not directly or indirectly disclose:
i. A Customer's extent of viewing 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, including, but not limited to a disclosure of the particular
viewing selections by a person subscribing to a Cable Service; or
iii. The nature of any transactions made by a Customer over the Cable System
of the Cable Operator.
iv. The nature of programming that a Customer subscribes to or views (i.e.,
a Cable Operator may only disclose the fact that a person subscribes to a general
tier of service or a package of channels with the same type of programming).
A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable
Information of any Customer as provided in this subsection F, the Cable Operator
shall notify in writing the Franchising Authority the fact that Personally Identifiable
Information will be disclosed and each Customer (that the Cable Operator intends
to disclose information about) of the specific information that will be disclosed,
to whom it will be disclosed, and notice of the Customer's right to prohibit
the disclosure of such information for Non-cable related purposes. The notice
to Customers may be included with or made a part of the Customer's monthly bill
for Cable Service or may be made by separate mailed notice. Each time that this
notice is given to a Customer, the Cable Operator also shall provide the Customer
with an opportunity to prohibit the disclosure of information in the future.
Such opportunity shall be given in one of the following forms: a postage paid,
self-addressed post card provided by the Cable Operator; a box that may be checked
by the Customer on the Customer's monthly bill for Cable Services; a toll-free
number that the Customer may call; or such other equivalent methods as may be
approved by the Franchising Authority.
Additionally, within forty-five (45) days after each disclosure of Personally
Identifiable Information of any Customer as provided in this subsection F, the
Cable Operator shall notify in writing the Franchising Authority the fact that
Personally Identifiable Information was disclosed and each Customer (that the
Cable Operator has disclosed information about) of the specific information
that has been disclosed, to whom it has been disclosed, and notice of the Customer's
right to prohibit the disclosure of such information for non-cable related purposes.
The notice to Customers may be included with or made a part of the Customer's
monthly bill for Cable Service or may be made by separate mailed notice. Each
time that this notice is given to a Customer, the Cable Operator also shall
provide the Customer with an opportunity to prohibit the disclosure of information
in the future. Such opportunity shall be given in one of the following forms:
a postage paid, self-addressed post card provided by the Cable Operator; a box
that may be checked by the Customer on the Customer's monthly bill for Cable
Services; a toll-free number that the Customer may call; or such other equivalent
methods as may be approved by the Franchising Authority.
b. A Cable Operator may disclose Personally Identifiable Information only to
the extent that it is necessary to render, or conduct a legitimate business
activity related to, a Cable Service or Other Service provided by the Cable
Operator to the Customer.
c. To the extent authorized by federal law, a Cable Operator may disclose Personally
Identifiable Information pursuant to a subpoena or court order authorizing such
disclosure.
3. Access to Information. Any Personally Identifiable Information collected
and maintained by a Cable Operator shall be made available for Customer examination
within thirty (30) days of receiving a request by a Customer to examine such
information at the local offices of the Cable Operator or other convenient place
within the City designated by the Cable Operator. Upon a reasonable showing
by the Customer that the information is inaccurate, a Cable Operator shall correct
such information.
4. Privacy Notice to Customers
a. A Cable Operator shall annually mail a separate, written or electronic copy
of the privacy 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 into an agreement with the Customer to provide Cable Service.
The written notice shall be in a clear and conspicuous format and be printed
in ten-point type or larger.
b. In the statement required by subsection (F)(4)(a), a Cable Operator shall
state substantially the following regarding the disclosure of Customer information:
"Unless a Customer affirmatively consents electronically or in writing
to the disclosure of personally identifiable information, any disclosure of
personally identifiable information for purposes other than to the extent necessary
to render, or conduct a legitimate business activity related to, a Cable Service
or Other Service, is limited to:
i. Disclosure pursuant to a subpoena or court order authorizing such disclosure;,
but only to the extent authorized by applicable federal law.
ii Disclosure of the name and address of a Customer to any general programming
tiers of service and other categories of Cable Services provided by the Cable
Operator that do not directly or indirectly disclose: (A) A Customer's extent
of viewing of a Cable Service or Other Service provided by the Cable Operator;
(B) The extent of any other use by a Customer of a Cable Service; (C) The nature
of any transactions made by a Customer over the Cable System; or (D) The nature
of programming or sites that a Customer subscribes to or views (i.e., a Cable
Operator may only disclose the fact that a person subscribes to a general tier
of service, or a package of channels with the same type of programming)."
The notice shall also inform the Customers of their right to prohibit the disclosure
of their names and addresses in accordance with Subsection b for non-cable related
purposes. This opportunity will be presented in the form of a toll-free telephone
number and/or a postage paid, self-addressed post card, provided by the Cable
Operator with the privacy notice or other manner acceptable to the Franchising
Authority. If a Customer exercises his or her right to prohibit the disclosure
of name and address as provided in subsection (F)(2)(a) or this subsection,
such prohibition against disclosure shall remain in effect permanently, unless
the Customer subsequently notifies the Cable Operator in writing that he or
she wishes to permit the Cable Operator to disclose his/her name and address.
5. Privacy Reporting Requirements. The Cable Operator shall include in its regular
periodic reports to the Franchising Authority required by its Franchise Agreement
information summarizing:
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) collected 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 extent
Necessary to detect unauthorized 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 in 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 writing or electronically.
c. The names of all entities to whom such Personally Identifiable Information
was disclosed, except that a Cable Operator need not provide the name of any
court or governmental entity to which such disclosure was made if such disclosure
would be inconsistent with applicable federal law;
d. The measures that have been taken, or could be taken, to prevent the unauthorized
access to Personally Identifiable Information by a person other than the Customer
or the Cable Operator. A Cable operator shall meet with Franchising Authority
if requested to discuss technology used to prohibit unauthorized access to Personally
Identifiable Information by any means.
6. Nothing in this subsection F shall be construed to prevent the Franchising
Authority from obtaining Personally Identifiable Information to the extent not
prohibited by Section 631 of the Communications Act, 47 U.S.C. Section 551.
7. Any aggrieved person may commence a civil action for damages for invasion
of privacy against any Cable Operator.
8. Destruction of Personally Identifiable Information. A Cable Operator shall
destroy, within 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 pending requests or orders for access
to such Personally Identifiable Information under subsections 2 and 3 of this
subsection, pursuant to a court order, or pursuant to Section 631 of the Communications
Act, 47 U.S.C. Section 551.
G. Safety
A Cable Operator shall install and locate its facilities, cable system, and
equipment in compliance with all federal, state, local, and company safety standards,
and in such manner as shall not unduly interfere with or endanger persons or
property. Whenever a Cable Operator receives notice that an unsafe condition
exists with respect to its equipment, the Cable Operator shall investigate such
condition immediately, and shall take such measures as are necessary to remove
or eliminate 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 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 been disconnected. (Ord. O-2004-46 § 1, 2004; Ord. O-94-49
§ 1 (part), 1994).
5.45.050 Complaint procedure.
A. Complaints to a Cable Operator
1. A Cable Operator shall establish written procedures for receiving, acting
upon, and resolving customer complaints, and crediting customer accounts and
shall have such procedures printed and disseminated at the Cable Operator's
sole expense, consistent with Section 5.45.040 (E) (1) (e) of these Standards.
2. Said written procedures shall prescribe a simple manner in which any customer
may submit a complaint by telephone or in writing 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 in no more than ten (10) 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. A Cable Operator shall also notify the customer of the customer's right to
file a complaint with the Franchising Authority in the event the customer is
dissatisfied with the Cable Operator's decision, and shall thoroughly explain
the necessary procedures for filing such complaint with the Franchising Authority.
5. A Cable Operator shall immediately report all customer Escalated complaints
that it does not find valid to the Franchising Authority.
6. A Cable Operator's complaint procedures shall be filed with and approved
by the Franchising Authority prior to implementation.
B. Security Fund or Letter of Credit
A Cable operator shall comply with any Franchise Agreement regarding Letters
of Credit. If a Franchise Agreement is silent on Letter of Credit the following
shall apply:
1. Within thirty (30) days of the effective date of these Standards or the effective
date of any franchise granted by the Franchising Authority, whichever occurs
first, a Cable Operator shall deposit with an escrow agent approved by the Franchising
Authority one hundred thousand dollars ($100,000) or, in the sole discretion
of the Franchising Authority, such lesser amount as the Franchising Authority
deems reasonable to protect subscribers within its jurisdiction. Alternatively,
at the Cable Operator's discretion, it may provide to the Franchising Authority
an irrevocable letter of credit in the same amount. Such amount may, with the
approval of the Franchising Authority, be posted jointly for more than one member
of the GMTC, and may be administered, and drawn upon, jointly by the GMTC or
drawn upon individually by each member.
The escrowed funds or letter of credit shall constitute the "Security Fund"
for ensuring compliance with these Standards for the benefit of the Franchising
Authority. The escrowed funds or letter of credit shall be maintained by a Cable
Operator at one hundred thousand dollars ($100,000), or such lesser amount accepted
by the Franchising Authority, even if amounts are withdrawn pursuant to any
provision of these Standards.
2. The Franchising Authority may require the Cable Operator to increase the
amount of the Security Fund, if it finds 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 aCable
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.
C. Complaints to the Franchising Authority
1. Any customer who is dissatisfied with any proposed decision of the Cable
Operator or who has not received a decision within the time period set forth
below 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 filing and notification within twenty (20) days
of receipt of the Cable Operator's decision or, if no decision has been provided,
within thirty (30) days after filing 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 of receiving the customer complaint, or 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 specific solution as determined by the Franchising Authority in its
sole discretion, and/or any credit provided for in these Standards; or the Franchising
Authority may provide the customer with the amount of the credit by means of
a withdrawal from the Security Fund.
D. Verification of Compliance
A Cable Operator shall establish its compliance with any or all of the standards
required through annual reports that demonstrate said compliance, or as requested
by the Franchising Authority.
E. Overall Quality of Service
The Franchising Authority may evaluate the overall quality of customer service
provided by a Cable Operator to customers:
a. In 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 a Cable Operator and the Franchising Authority, and the
Cable Operator's response to those complaints.
F. Procedure for Remedying Violations
1. If the Franchising Authority has reason to believe that a Cable Operator
has failed to comply with any of these Standards, or has failed to perform in
a timely manner, the Franchising Authority may pursue the procedures in its
Franchise Agreement to address violations of these Standards in a like manner
as other franchise violations are considered.
2. Following the procedures set forth in any Franchise Agreement governing the
manner to address alleged Franchise violations, if the Franchising Authority
determines in its sole discretion that the noncompliance has been substantiated,
in addition to any remedies that may be provided in the Franchise Agreement,
the Franchising Authority may:
a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to
be withdrawn from the Security Fund in addition to any franchise fee until the
non-compliance is remedied; and/or
b. Order such rebates and credits to affected customers as in its sole discretion
it deems reasonable and appropriate 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
in accordance with applicable law. (Ord. 2004-46 § 1, 2004; Ord. O-94-49
§ 1 (part), 1994).
5.45.060 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, subsection, 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 a Cable Operator under said provision,
or any other provision of these Standards.
SCHEDULE A - CREDITS TO CUSTOMERS
STANDARDS 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
1. Cable Operator employees, contractors and subcontractors shall be courteous,
knowledgeable and helpful in their services. $5.00 credit to their account.
B. ACCESSIBILITY
1. Cable Operator shall provide one customer service center such that no subscriber
is farther than 10 miles from one. $5.00 credit to their account.
2. Cable Operator shall have local telephone access lines that are available
24 hours a day, 7 days a week. $5.00 credit to their account.
3. Cable Operator shall have dispatchers and technicians on call 24 hours a
day, 7 days a week. $5.00 credit to their account.
4. Cable Operator shall have sufficient customer service representatives and
telephone line capacity to ensure that calls are answered in 60 seconds or less
90% of the time, measured monthly. $5.00 credit to their account.
5. Calls receiving busy signals shall not exceed 3% of the total telephone calls
90% of the time, measured monthly. $5.00 credit to their account.
C. RESPONSIVENESS
1. Guaranteed 7-Day Residential Installation
a. Cable Operator shall complete Standard residential installations requested
by a customer within 7 business days after order has been placed. Free installation,
or 1 month's basic service, if the fee has been waived for promotional reasons.
b. All underground cable drops will be buried no less than 12 inches deep (6
inches deep if there is a sprinkler system or other construction concerns).
2. Residential Installation Appointments
a. Cable Operator customers wanting installation of cable may choose a 4-hour
time-block for installation between 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
of business on the business day prior to the date of the scheduled appointment.
$5.00 credit to their account.
c. If Cable Operator is running late and will not be able to 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. $5.00 credit to their account.
d. Cable Operator will deem to have responded to a service request when the
technician arrives within the agreed upon time, and, if the customer is absent,
the technician leaves the written notification of arrival and return time, and
a copy of that notification is kept by the Cable Operator. In such circumstances,
the Cable Operator shall contact the customer within 48 hours. $5.00 credit
to their account.
3. Residential Service Interruptions
a. System outages resulting from Cable Operator equipment failure, shall be
corrected within 2 hours after the 3rd customer call is received. One day's
free service for each 24-hour delay.
b. All other interruptions resulting from Cable Operator equipment failure shall
be corrected by the end of the next calendar day. One day's free service for
each 24-hour delay.
c. Cable Operator shall keep a file of any and all complaints regarding the
cable system or its operation, and the Cable Operator's action in response to
those complaints. Cable Operator shall submit an executive summary of those
complaints and submit to the franchising authority monthly. A log of all service
interruptions shall be submitted to the franchising authority quarterly. One
day's free service for each 24-hour delay.
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. One day's free service for each 24-hour delay.
4. TV Reception
a. Cable Operator shall provide clear television reception and shall make repairs
promptly, and interrupt service only for good cause and for the shortest time
possible. One day's free service for each 24-hour delay.
b. If a customer experiences poor video or audio reception due to Cable Operator's
equipment, Cable Operator will repair the problem no later than the day following
the customer call. One day's free service for each 24-hour delay.
5. Problem Resolution
a. Cable Operator Customer Service Representatives will be 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. $5.00 credit to their account.
6. Billing, Credits and Refunds
a. Cable Operator will allow 30 days from the date of the bill for payment.
If not paid within 30 days of the date, Cable Operator may apply an administrative
fee. If not paid within 45 days of the date, Cable Operator may perform a "soft"
disconnect of the customer's service. $5.00 credit to their account.
b. Cable Operator shall issue a credit or refund within 30 days after determining
the customer is entitled to one. $5.00 credit to their account.
c. Whenever Cable Operator offers any promotional or 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. $5.00 credit to their account.
7. Treatment of Property
a. Cable Operator shall replace trees or shrubs damaged during installation.
$10.00 credit plus any additional repairs.
b. Cable Operator shall restore any damaged property to the same condition it
was before damage occurred. $10.00 credit plus any additional repairs.
c. Except in cases of emergency, Cable Operator shall give reasonable notice
to property owners before entering premises, specifying the work to be done.
$10.00 credit plus any additional repairs.
d. Cable Operator personnel shall clean up the area surrounding a work site
and properly dispose of cable materials. $10.00 credit plus any additional repairs.
D. SERVICES FOR CUSTOMERS WITH DISABILITIES
1. Cable Operator shall deliver and pick up equipment at the home of customers
with disabilities. In the case of malfunctioning equipment, the technician shall
replace it with a new one at no charge. $5.00 credit to their account.
2. Cable Operator shall provide TDD service with trained operators who can provide
any assistance available. $5.00 credit to their account.
3. Cable Operator shall provide free use of a remote control unit to mobility-impaired
customers. $5.00 credit to their account.
4. A customer with a disability may request the above services by providing
Cable Operator with a letter from a physician stating their condition, or by
making the request to Cable Operator's installer or service technician in person,
where the need for the special services can be visually confirmed. $5.00 credit
to their account.
E. CUSTOMER INFORMATION
1. Upon installation, or at a customers request, Cable Operator will provide
the following information (in Spanish when requested by the customer):a. Products
and services offered including channel lineup;b. Complete range of service options
and prices;c. Billing, collection and disconnect policies;d. Privacy rights
of customers;e. Complaint procedures, including forms, telephone numbers and
mailing address of the Cable Operator, the FCC, and the franchising authority;f.
Use and availability of parental control/lock out device;g. Special services
for customers with disabilities;h. Days, times of operation, and locations of
the services centers;i. Either a copy of these Customer Service Standards and
any other applicable customer service standards, or a summary thereof, or the
URL address of a website containing these standards. The GMTC or its designee
shall be responsible for maintaining the URL. Provide customer with the requested
service information.
2. Copies of all notices provided to the customer shall be filed concurrently
with the franchising authority and the GMTC.
3. Cable Operator will provide customers with written notification of any change
in rates, programming, or channel positions at least 30 days before the effective
date of change. $5.00 credit to their account
4. Every employee of Cable Operator in contact with customers or when working
on public property will wear an identification card with their name and photograph.
Every vehicle of Cable Operator or subcontractor shall be visually identified
as working for Cable Operator $5.00 credit to their account
F. CUSTOMER PRIVACY
1. Collection and Use of Personally Identifiable Information
a. Cable Operator shall not use the Cable System to collect, record, monitor
or observe Personally Identifiable Information without written permission from
the customer unless such information is used to detect unauthorized reception
of cable service, or is necessary to render Cable Service to the customer. The
customer shall receive a credit to their account (or if the account is being
cancelled, a payment from the Cable Operator) of at least $100.00, depending
upon the circumstances of the violation.
b. Cable Operator shall not violate any other provisions of Section III.F.1-3
of the Customer Service Standards.
2. Access to Information. Cable Operator shall make personally identifiable
information available to customers pursuant to Section III.F.4 of the Customer
Service Standards. $10.00 credit to their account
3. Privacy Notices. Cable Operator shall comply with all provisions of Section
III.F.5 of the Customer Service Standards. $10.00 credit to their account
4. Destruction of Personally Identifiable Information. Cable Operator shall
destroy all personally identifiable information of customers in accordance with
Section III.F.9 of the Customer Service Standards. Payment from the Cable Operator
of at least $100.00, depending upon the circumstances of the violation.
G. SAFETY
1. Cable Operator will install and locate its equipment in compliance with all
federal, state, local, and company safety standards, and in such a manner that
will not interfere with or endanger persons or property. A credit to the customer's
account in the amount of at least $25.00 a day for each 24 hour delay in responding,
plus additional rights or causes of action available to the customer.
H. SATISFACTION GUARANTEED
Cable Operator will guarantee customer satisfaction for every customer who requests
new installation of cable service or adds any additional programming service
to the customer's cable subscription. Any customer who requests disconnection
of service within 30 days from date of activation shall receive a credit to
their account. One month's subscription charge for the service that has been
disconnected.
(Ord. O-2004-46 § 1, 2004; Ord. O-94-49 § 1 (part), 1994).
 |
||
Americans with Disability Act (ADA) Notice |
||
