HomeMy WebLinkAbout04-16 RESOLUTION NO. 6H - Ito
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, adopting Customer Service Standards applicable to TV
cable franchisees.
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WHEREAS, the City of Port Angeles has adopted a cable franchise ordinance;
and
WHEREAS, PAMC 11.14.120 B.5 gives the City authority to regulate and
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adopt Customer Service Standards and to control any right-of-way license, master
permit or lease.
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BE IT RESOLVED by the City Council of the City of Port Angeles as follows:
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ection 1. Council adopts Customer Service Standards applicable to TV cable
franchisees as attached hereto as Exhibit A and incorporated herein by reference.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of May, 2016.
Patrick Downie, Mayor
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//ATTEST: APP VED AS O (�
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f /enn'ifef Veneklasen, City Clerk William E. Bloor, City Attorney j
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CUSTOMER SERVICE STANDARDS
Applicable for Cable Television Franchises
The Franchisee shall be permitted option and autonomy to first resolve Customer inquiries
and complaints without delay and interference from the City.
Where a given Complaint is not addressed by the Franchisee to the Customer's satisfaction,
the City may intervene. In addition, where a pattern of, or unremedied, noncompliance with
the Standards is identified, the City may prescribe a cure and establish a thirty (30) day
deadline for implementation of the cure. If the noncompliance is not cured within thirty (30)
days, monetary sanctions as described in PAMC 11.14 may be imposed.
These Standards are intended to be of general application; however, the Franchisee shall be
relieved of any obligations hereunder if it is unable to perform due to a force majeure event
affecting a significant portion of the franchise area. The Franchisee is free to exceed these
Standards to the benefit of its Customers, and such shall be considered performance for the
purpose of enforcing these Standards.
The Franchisee shall comply with the following Customer Service and reporting
requirements. These requirements include, but are not limited to, the requirements set forth in
FCC regulations, including 47 C.F.R. §76.309 and other applicable federal and state laws.
To the extent the provisions of these Customer Service Standards differ from applicable FCC
regulations or any applicable law, the provision or provisions that impose the highest
standard or greatest legal duties or obligations upon the Franchisee shall take precedence,
unless a different order of precedence is expressly set herein.
DEFINITIONS
When used in these Customer Service Standards (the "Standards"), the following
words, phrases, and terms shall have the meanings given below:
"Cable Operator' shall have the meaning set forth in Section 602(5) of the federal
Communications Act., 47 U.S.C. 522(5).
"Cable Services" shall mean (a) the one-way transmission to Customers of video
programming, or other programming service, and (b) Customer interaction, if any, which is
required for the selection and use of such video programming or other programming service.
"Cable System" shall have the meaning set forth in Section 602(7) of the federal
Communications Act, 47 U.S.C. § 522(7).
"City" means the City of Port Angeles, Washington.
"Complaint" shall mean any issue raised by a Customer that is a violation of the
Customer Service Standards.
"Customer' means any person who lawfully receives Cable Services or Other Services
from the Cable Operator.
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"Customer Service Representative" ("CSR") means any person employed by the
Franchisee to assist, or provide service to Customers, whether by answering public
telephone lines, writing service or installation orders, answering Customers' questions,
receiving and processing payments, or performing other Customer service related tasks.
"Escalated Complaint" means a complaint that is referred to a Cable Operator by the
City.
"Franchisee" shall mean a Cable Operator who has been granted a franchise by the
City of Port Angeles to provide Cable Services.
"Other Service" means any wire or radio communications service, including, but not
limited to, any interactive television or Internet Service, provided through the use of any of the
facilities of a Franchisee that are used in the provision of a Cable Service.
"Normal Business Hours" means the hours of 9:00 a.m. to 6:00 p.m. on Monday
through Friday, and 9:00 a.m. to 3:00 p.m. on Saturday, excluding legal holidays.
"Normal Operating Conditions" means service conditions within the control of a
Franchisee. Those conditions that are not within the control of a Franchisee include, but are
not limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions that are ordinarily
within the control of a Franchisee include, but are not limited to, special promotions, pay-per-
view events, rate increases, regular peak or seasonal demand periods, and maintenance or
upgrade of the Cable System. In addition, upgrades, rebuilds, plant or facilities construction
or replacement (including but not limited to moving, adding or eliminating facilities, or
changing addresses), additions, deletions or changes in equipment (including Company's
telephone systems, computer systems, record-keeping systems) or employees, or changes in
operating or management procedures, consolidations, transfers, corporate mergers,
reorganizations, roll-out of services, price and service changes or any combination of the
above will be deemed to be "normal operating conditions."
1. Customer Service.
1.1. All officers, agents, and employees of the Franchisee, its contractors and
subcontractors who are in contact with Customers by telephone, in writing, or in
person shall:
1.1.1. be courteous, knowledgeable and helpful; provide complete and
accurate information; and deliver effective, timely and satisfactory
service in all contacts with Customers;
1.1.2. be fluent in English and able to communicate clearly with Customers in
English; and
1.1.3. (for those who are in personal contact with Customers) have visible
identification cards bearing their name and photograph. The Franchisee
shall account for all identification cards at all times. All CSRs shall
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identify themselves orally to callers immediately following the greeting
during each telephone contact with the public. Every vehicle of the
Franchisee used for providing services to Customers shall be clearly
visually identified to the public as working for the Franchisee.
1.2. All written correspondence with Customers shall be in a clear and conspicuous
format, which shall be in a font size (10-point minimum) that is comparable to
other general information provided to Customers as it appears on either paper
or electronic communications.
1.3. The Franchisee shall use its best efforts to make all customer services available
in Spanish and other languages, in addition to English.
1.3.1. During Normal Business Hours, the Franchisee shall maintain at least
one customer service representative who is capable of speaking
Spanish, whether in-person or via telephone calls.
1.3.2. The Franchisee's staff shall include customer service representatives
who can communicate with Spanish-speaking subscribers regarding all
issues including, but not limited to, installation, services, outages, billing
questions, and other inquiries.
1.3.3. The Franchisee shall place on billing statements, a telephone number for
communication with Spanish-speaking customer service representatives.
1.4. Trees and shrubs or other landscaping on a Customer's property that are
damaged by Franchisee, or any employee or agent during installation or
construction for the Customer or in the process of serving adjacent structures,
shall be restored to their prior condition or-replaced. Trees and shrubs shall not
be removed without the prior permission of the owner of the property on which
they are located.
1.5. The Franchisee shall, at its own cost and expense, and in a manner approved
by the property owner and the City, restore any property to as good condition as
before the work causing such disturbance was initiated. The Franchisee shall
repair, replace or compensate all property owners for damages resulting from
the Franchisee's installation, construction, service or repair activities for a
Customer.
1.6. The Franchisee shall clean all areas surrounding any work site of debris caused
by the Franchisee's activities and ensure that all cable materials are disposed of
properly.
1.7. Satisfaction Guaranteed. The Franchisee shall guarantee Customer satisfaction
for every Customer who requests new installation of Cable Services or Other
Services or adds any additional programming service to the Customer's cable
subscription. Any such Customer who adds Cable Services or Other Services to
his or her account, and then requests discontinuation of such service within
thirty (30) days due to dissatisfaction with the service, shall receive a credit to
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his/her account in an amount equal to the pro rata charge for the remaining
days of service following the request to disconnect. If a Customer subscribes to
a service under a promotion that provides free service and chooses to
disconnect during the promotion window, there shall be no charge of any kind
for the service or for disconnection of the service. Upon a Customer's request,
a Franchisee will promptly downgrade or disconnect the Customer from the
Franchisee's Cable system.
2. Office Availability.
2.1. Franchisee will maintain a Customer Service Center within the City limits. The
Customer Service Center will be open for walk-in traffic at least nine (9) hours
per day (except legal holidays) Monday through Friday, with some evening
hours, and at least six(6) hours on Saturday to allow Customers to pay bills,
drop off and pick up equipment.
2.2. Franchisee shall post a sign at each service center advising Customers of its
hours of operation and of the addresses and telephone numbers to contact the
City and the Franchisee if the service center is not open at other than Normal
Business Hours. The Franchisee shall provide free exchanges of faulty
Franchisee equipment at the Customer's address.
2.3. The Customer Service Center shall be fully staffed with CSRs who: (a) are able
to respond to walk-in Customers within a reasonable amount of time; (b) are
able to easily access a Customer's account information and his or her previous
customer service inquiries; and (c) are qualified to offer the following services to
Customers who come to the service center:
2.3.1. Bill payment (including the ability to provide change and Customer
receipts);
2.3.2. Equipment exchange;
2.3.3. Processing of change of service requests;
2.3.4. Responding to Customer inquiries;
2.3.5. Receiving and resolving complaints regarding the quality of service,
equipment malfunctions, billing disputes and similar matters;
2.3.6. Providing credit for interrupted service or any of the other credits
described in these Customer Service Standards or listed in the
"Schedule of Credits to Customers" at the end of this document; and
2.3.7. To waive fees, schedule service appointments and change billing cycles,
where appropriate.
2.4. Any difficulties that cannot be resolved by the CSR shall be referred to the
appropriate supervisor who shall make best efforts to contact the Customer
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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
Franchisee.
2.5. Franchisee will perform service calls, installations, and disconnects at least
twelve (12) hours per day Monday through Saturday, except legal holidays,
provided that a Franchisee will respond to outages twenty-four (24) hours a day,
seven (7) days a week.
3. Telephones. All Call Response statistics shall be measured on the basis of call
response statistics for all call centers that serve Customers. If the call centers serve
Customers located in other communities, the Franchisee shall insure that call center
representatives do not give priority or preferential treatment to Customers located in
other communities.
3.1. Definitions of Call Response terms.
3.1.1 . "Answer Time" is the interval between when the Franchisee receives a
call and when an interactive voice response (IVR) or agent answers.
3.1.2. "Speed of Answer' is the amount of time between when the Customer is
transferred into the agent queue from either an IVR or an agent and the
time an agent answers.
3.1.3. "Calls Abandoned" is the percentage of calls in any agent queue that are
abandoned, disconnected or dropped for any reason.
3.1.4. "Trunks Busy" represents the percentage of time Customers receive a
busy signal when they call Customer Service during Normal Operating
Conditions.
3.2. Franchisee shall establish a publicly listed local toll-free telephone number. The
phone will be answered by a CSR twenty-four (24) hours per day, seven (7)
days per week, so that the Franchisee can respond to requests for service,
complaints, inquiries and outages as required herein. Call center CSRs shall be
able to easily access a Customer's account information and his or her previous
customer service inquiries.
3.3. Standards for Call Response.
3.3.1 . Answer Time will not exceed thirty (30) seconds or four (4) rings. Under
Normal Operating Conditions, the Franchisee shall meet this requirement
at least ninety (90) percent of the time.
3.3.2. The average Speed of Answer shall not exceed thirty (30) seconds.
Under Normal Operating Conditions, the Franchisee shall meet this
requirement at least ninety (90) percent of the time.
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3.3.3. The percentage of Calls Abandoned shall not exceed three (3) percent
under Normal Operating Conditions.
3.3.4. Customers shall receive a Trunks Busy signal less than three (3) percent
of the time under Normal Operating Conditions.
3.4. Call Response Reports.
3.4.1 . Franchisee shall submit reports on Call Response statistics every
calendar quarter, except as otherwise provided in these Customer
Service Standards.
3.4.2. If any of a Franchisee's quarterly Call Response statistics fail to
demonstrate compliance with any applicable requirement, the
Franchisee must thereafter submit monthly reports on all Call Response
times until the Franchisee requests and the City approves resumption of
quarterly reporting.
3.4.3. Information in the reports about Call Response times shall be determined
on the basis of the simple average of results under Normal Operating
Conditions for the entire reporting period, and any report submitted at the
end of a calendar quarter shall report the total number of calls during the
preceding quarter and the average Call Response times during that
quarter.
3.4.4. The City of Port Angeles may develop a quarterly reporting format to
monitor a Franchisee's compliance with these Customer Service
Standards. Such reports detailing compliance with the standards herein
shall be completed by a Franchisee and submitted to the City's
designated Franchise Administration Office on a quarterly basis, within
thirty (30) days of the end of the quarter. All data in the report shall
reflect activity within the City of Port Angeles only.
4. Confirmation of Initial Service Request, Change in Service, or Disconnection. Upon
Customer request for initial service, for service changes/upgrades/downgrades/
disconnection, and/or for scheduling of service call, a Franchisee shall provide clear
and concise written information to the Customer, sent electronically (to the e-mail
address specified by the Customer) or postmarked within 24 hours. This information
should confirm the Customer request, including all pertinent scheduling and price
information, not limited to the Customer's total upfront cost and ongoing monthly bill
amounts, inclusive of all taxes and fees; the date of expiration of any customer
promotions or discounts; and the resulting increase to a Customer's bill that will be
incurred at the time of expiration.
5. Scheduling Work.
5.1. All appointments for service, installation, or disconnection will be specified by
date. Franchisee will set a specific time at which the work will be done, or offer
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a choice of time blocks, which will not exceed two (2) hours in length. A
Franchisee may also, upon request, schedule service installation calls outside
normal business hours, for the express convenience of the Customer. Upon a
Customer's request, a Franchisee will promptly downgrade or disconnect the
Customer from the Franchisee's Cable system.
5.2. If at any time an installer or technician is late for an appointment and/or believes
a scheduled appointment time will be missed, an attempt to contact the
Customer will be made before the time of appointment and the appointment
rescheduled at a time convenient to the Customer. If rescheduling is necessary,
it is the Franchisee's burden to prove it met the appointment.
5.3. The Franchisee will offer and fully describe to Customers who have
experienced a missed appointment (where the missed appointment was not the
Customer's fault) that the Customer may choose between the following options:
5.3.1. Installation or service call free of charge, if the appointment was for an
installation or service call for which a fee was to be charged;
5.3.2. At minimum, one (1) month of the most widely subscribed to service tier
free of charge; and
5.3.3. An opportunity to elect remedies under Washington Civil Code, if
applicable.
5.4 The Franchisee 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. If the Customer is absent when the technician arrives, the technician
shall verify the appointment with his/her dispatcher by telephone while at the
Customer's door and leave written notification of timely arrival. A copy of that
notification shall be kept by the Franchisee. In such circumstances, the
Franchisee shall contact the Customer within forty-eight (48) hours. In the event
that a technician arrives without a prior appointment, and the Customer must be
present for service to proceed, and the Customer is absent, it shall not be
deemed that the Franchisee has responded to a request for service.
5.5. If the Franchisee makes reasonable and no less than three (3) attempts to
confirm an appointment during the scheduled appointment time or appointment
window and is unsuccessful in obtaining such confirmation, the Franchisee may
assume that the Customer has cancelled the appointment.
5.6. Under normal operating conditions, the service standards set forth in Sections
5.1 - 5.5 will be met at least ninety-five percent (95%) of the time, measured on
a quarterly basis.
6. Service Standards.
6.1. Under Normal Operating Conditions, requests for service, repair, and
maintenance must be acknowledged by a trained Customer Service
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Representative, and investigated and acted upon by qualified technicians within
twenty-four (24) hours, seven (7) days a week or before the end of the next
business day, whichever is earlier.
6.2. A Franchisee will respond to all other customer inquiries (including billing
inquiries) within twenty-four (24) hours of the inquiry or Complaint.
6.3. Under Normal Operating Conditions, repairs and maintenance for outages or
service interruptions must be completed within twenty-four (24) hours after the
outage or interruption becomes known to Franchisee, where the Franchisee has
adequate access to facilities to which it must have access in order to remedy
the problem.
6.4. Under Normal Operating Conditions, work to correct all other service problems
must be begun by the next business day after notification of the service
problem, and must be completed within five (5) business days from the date of
the initial request.
6.5. When Normal Operating Conditions do not exist, a Franchisee will complete the
work in the shortest time possible.
6.6. A Franchisee will not cancel a service or installation appointment with a
Customer within 24 hours of the appointment or after the close of business on
the business day preceding the scheduled appointment, whichever is earlier.
6.7. Requests for additional outlets, service upgrades or other connections separate
from the initial installation will be performed within seven (7) business days after
an order has been placed.
6.8. Under Normal Operating Conditions, the service standards set forth in Sections
6.1 - 6.9 will be met at least ninety-five percent (95%) of the time, measured on
a quarterly basis.
6.9. The failure of the Franchisee to hire sufficient staff or to properly train its staff
will not justify a Franchisee's failure to comply with this provision.
6.10. The Franchisee shall keep a maintenance service log which will indicate the
nature of each service complaint, the date and time it was received, the
disposition of said complaint and the time and date thereof. This log shall be
made available for periodic inspection by City.
6.11. The Franchisee shall, in addition to its other obligations, install and maintain
such equipment, implement procedures and maintain such records and prepare
such reports as are necessary to show Franchisee's compliance with each and
every customer service standard.
7. Disabled Services. With regard to Customers with disabilities, upon Customer
request, Franchisee will arrange for pickup and/or replacement of converters or other
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Franchisee equipment at the Customer's address or by a satisfactory equivalent (such
as the provision of a postage-prepaid mailer) at no charge to the Customer.
8. Notice to Customers regarding Service. Franchisee shall contact new Customers by
telephone, mail, e-mail (to the address specified by the Customer) or in person within
two (2) weeks after installation or provide a self-addressed stamped response
postcard to all Customers in its installation materials to assure overall Customer
satisfaction with the work completed. Franchisee shall maintain records of a
reasonable sample of Customer responses. In addition, Franchisee will provide each
Customer (1) at the time service is installed; (2) annually thereafter in correspondence
separate from the monthly bill; and (3) at any time the Customer requests, clear and
accurate written information with regard to:
8.1. All products and services offered by Franchisee, including its channel lineup
and lowest cost (or free) service packages;
8.2. Process and procedures for a service call, filing a Complaint, or requesting an
adjustment (including when a Customer is entitled to refunds for outages and
how to obtain them);
8.3. The name, address and telephone number of the employee or employees or
agent to whom such inquiries or complaints are to be addressed;
8.4. The telephone number and address of the City office responsible for
administering the Cable Television Franchise;
8.5. A written copy of these Customer Service Standards or a summary approved by
the City (an on-line version shall be considered an acceptable dissemination of
the standards to the Franchisee's Internet Service Customers, who shall be
notified of the location of these Standards via e-mail to the address specified by
the Customer);
8.6. Information regarding the current rates and charges for all services, products,
and equipment provided by the Franchisee (which must include any senior,
disabled or other discounts offered and the least expensive tier of service
available, including any free PEG related tiers, if applicable), Channel positions,
delinquent Customer disconnect and reconnect procedures; information
regarding the availability of parental control devices, the conditions under which
they will be provided, and the cost (if any) to be charged;
8.7. Information describing conditions that must be met to qualify for discounts;
8.8. All Franchisee's policies in connection with its Customers;
8.9. Descriptions of any discounts, services, or specialized equipment available to
Customers who are seniors or with disabilities; explaining how to obtain them;
and explaining how to use any accessibility features;
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8.10. Installation and service maintenance policies, including the Customer
responsibilities for equipment;
8.11. Instruction on the use of cable TV service, remote control, and all other
equipment provided by a Franchisee; and
8.12. Days, hours of operation, and locations of the Customer Service Centers.
9. Customer Privacy.
9.1. Franchisee shall notify Customers within 10 days of any data breach that is
brought to the attention of the Franchisee, and take all necessary steps to
remediate injuries caused by the breach.
9.2. Franchisee shall fully comply with all obligations under 47 U.S.C. § 551
("Protection of Subscriber Policy"), which address:
9.2.1 Collection and Use of Personally Identifiable Information;
9.2.2 Disclosure of Personally Identifiable Information;
9.2.3 Access to Information;
9.2.4 Privacy Notice to Customers;
9.2.5 Privacy Reporting Requirements; and
9.2.6 Destruction of Personally Identifiable Information.
10. Notices to the City. Franchisee will provide the City with copies of all notices provided
to its Customers pursuant to this article by providing copies to the City's Franchise
Administration Office (or designee).
11. Changes in Noticed Information. Franchisee will provide to the City (or designee) as
soon as possible, but at least sixty (60) days in advance, and to all Customers at least
thirty (30) days in advance, written notice of any material changes in the information
required to be provided under these Customer Service Standards, except that, if
federal law establishes a shorter notice period and preempts this requirement, the
federal requirement will apply.
12. Truth in Advertising. Franchisee will take appropriate steps to ensure that all written
Franchisee promotional materials, announcements, and advertising of residential
Cable Services to Customers and the general public, where price information is listed
in any manner, clearly and accurately discloses price terms and is in compliance with
FCC Section 76.946. In the case of telephone orders, a Franchisee will take
appropriate steps to ensure that price terms are clearly and accurately disclosed to
potential Customers in advance of taking the order.
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12.1 Franchisee will maintain a file open for public inspection containing all notices
provided to Customers under these Customer Service Standards, as well as all
promotional offers made to Customers. The notices and offers will be kept in
the file for at least one (1) year from the date of such notice or promotional offer.
13. Changes to Service. Franchisee shall provide Customers and the City with written
notification (not with bills) of any change in rates, programming, services, equipment
provided to the Customer, or channel positions as soon as possible, including but not
limited to announcements on the Cable System. Franchisee's Internet Service
Customers may receive notification by e-mail to the address specified by the
Customer. Customers shall be given a description of such changes in clear, prominent
and obvious language; their options for changing services they receive; a phone
number for questions; and the effective date. Notice must be given to Customers a
minimum of thirty (30) days in advance of such changes if the change is within the
control of the Franchisee.
14. Interruptions of Service. A Franchisee shall notify Customers and the City three (3)
days prior to any scheduled or planned interruption of service for planned
maintenance or construction; provided, however, that planned maintenance that does
not require more than one (1) hour interruption of service and/or that occurs between
the hours of 12:00 a.m. and 6:00 a.m. will not require such notice to Customers.
Notification to Customers of a planned outage may take the form of a door hanger, a
message or insert into the monthly bill, or a telephone call, supplemented with on-
screen messages announcing the planned outage. The Franchisee's Internet Service
Customers may receive notification by e-mail to the address specified by the
Customer.
15. Prorated Billing. A Franchisee's first billing statement after a new installation or
service change will be prorated as appropriate and will reflect any security deposit.
16. Billing Statement.
16.1. A Franchisee's billing statement must be clear, concise, and understandable;
must itemize each category of service and equipment provided to the Customer;
and must clearly and accurately state the charges therefor.
16.2. A Franchisee's billing statement must show a specific payment due date not
earlier than the later of:
16.2.1.Fifteen (15) days after the date the statement is mailed; or
16.2.2.The tenth (10th) day of the service period for which the bill is rendered.
16.3. A late fee or administrative fee (collectively referred to below as a "late fee")
may not be imposed for late payments earlier than forty-five (45) days after the
due date specified in the bill.
16.4. A late fee may not be imposed unless the Customer is provided written notice at
least ten (10) days prior to the date the fee is imposed that a fee will be
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imposed, the date the fee will be imposed and the amount of the fee that will be
imposed if the delinquency is not paid. A late fee may not be imposed unless
the outstanding balance exceeds $10.00 and late fees may not exceed $10.00.
16.5. Customers will not be charged a late fee or otherwise penalized for any failure
by a Franchisee, including failure to timely or correctly bill the Customer, or
failure to properly credit the Customer for a payment timely made. Payments
will be considered timely if postmarked on the due date.
16.6. A Franchisee's bill must permit a Customer to remit payment by mail,
electronically, or in Person at the Franchisee's local office or at a listed drop-off
location.
17. Credit for Service Impairment.
17.1. A Customer's account will be credited a prorated share of the monthly charge
for the service upon Customer request if a Customer is without service or if
service is substantially impaired for any reason for a period exceeding four (4)
hours during any twenty-four (24) hour period; or automatically if the loss of
service or impairment is for twenty-four (24) hours or longer.
17.2. A Franchisee need not credit Subscriber where it establishes that a loss of
service or impairment was caused by the Subscriber or by Subscriber-owned
equipment (not including, for purposes of this Section 17.2, in-home wiring
installed by the Franchisee).
18. Billing Complaints. Franchisee shall provide an initial response or acknowledgement
to all written billing Complaints from Customers within 24 hours of receipt of the
Complaint and a final written response within thirty (15) days of receipt of the
Complaint.
19. Billing Refunds. Refunds to Customers will be issued no later than.
19.1. The earlier of the Customer's next billing cycle following resolution of the refund
request, or thirty (30) days; or
19.2. The date of return of all equipment to Franchisee, if Cable service has been
terminated.
20. Credits for Cable Service. Credits for Cable service will be issued no later than the
Customer's next billing cycle after the determination that the credit is warranted.
21. Disconnection/Downgrades.
21.1. A Customer may terminate service at anytime.
21.2. A Franchisee will promptly disconnect from the Franchisee's Cable system or
downgrade any Customer who so requests. No charges for service or rental of
equipment provided by the Franchisee may be made after the Customer
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requests disconnection. No period of notice before voluntary termination or
downgrade of Cable service may be required of Customers by any Franchisee.
There will be no charge for disconnection and any downgrade charges will
conform to applicable law.
21.3. Clear and concise written information regarding disconnection procedures
(including return of equipment) shall be provided by Franchisee to the
Customer, sent electronically (to the e-mail address specified by the Customer)
or postmarked within 24 hours after the Customer requests disconnection.
21.4. Franchisee shall provide Customer a written receipt to confirm that equipment
has been returned.
22. Security Deposit. Any security deposit and/or other funds due a Customer that
disconnects or downgrades service will be returned to the Customer within thirty (30)
days or in the next billing cycle, whichever is later, from the date disconnection or
downgrade was requested except in cases where the Customer does not permit the
Franchisee to recover its equipment, in which case the amounts owed will be paid to
Customers within thirty (30) days of the date the equipment was recovered, or in the
next billing cycle, whichever is later.
23. Disconnection due to Nonpayment.
23.1. A Franchisee may not disconnect a Customer's Cable service for non-payment
unless:
23.1.1. The Customer is delinquent in payment for Cable service;
23.1.2. A separate, written notice of impending disconnection, postage
prepaid, has been sent to the Customer at least twenty (20) days
before the date on which service may be disconnected, at the premises
where the Customer requests billing, which notice must identify the
name and address of the Customer whose account is delinquent, state
the date by which disconnection may occur if payment is not made, and
the amount the Customer must pay to avoid disconnection, and a
telephone number of a representative of the Franchisee who can
provide additional information and handle Complaints or initiate an
investigation concerning the services and charges in question;
23.1.3. The Customer fails to pay the amounts owed to avoid disconnection by
the date of disconnection; and
23.1.4. No pending inquiry exists regarding the bill to which Franchisee has not
responded in writing.
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23.2. If the Customer pays all amounts due, including late charges, before the date
scheduled for disconnection, the Franchisee will not disconnect service.
Service may only be terminated on days in which the Customer can reach a
representative of the Franchisee either in person or by telephone.
23.3. The Franchisee will promptly reinstate service after disconnection (except as
noted below) upon payment by the Customer in full of all proper fees or
charges, including the payment of the reconnection charge, if any.
24. Immediate Disconnection. A Franchisee may immediately disconnect a Customer if:
24.1. The Customer is damaging, destroying, or unlawfully tampering with or has
damaged or destroyed or unlawfully tampered with the Franchisee's Cable
System;
24.2. The Customer is not authorized to receive a service, and is facilitating, aiding or
abetting the unauthorized receipt of service by others; or
24.3. Customer-installed or attached equipment is resulting in signal leakage that is in
violation of FCC rules.
24.4. After disconnection, the Franchisee will restore service after the Customer
provides adequate assurance that it has ceased the practices that led to
disconnection, and paid all proper fees and charges, including any reconnect
fees and all amounts owed the Franchisee for damage to its Cable system or
equipment. Provided that, no reconnection fee may be imposed on a Customer
disconnected pursuant to this article if the leakage was the result of the
Franchisee's acts or omissions; or in any case unless the Franchisee notifies
the Customer of the leakage at least three (3) business days in advance of
disconnection, and the Customer has failed to correct the leakage within that
time.
25. Franchisee's Property. Except as applicable law may otherwise provide, it shall be the
responsibility of a Franchisee to remove its property from a Customer's premises
within thirty (30) days of the termination of service. If a Franchisee fails to remove its
property in that period, the property will be deemed abandoned unless the Franchisee
has been denied access to the Customer's premises, or the Franchisee has a
continuing right to occupy the premises under applicable law.
26. Deposits. A Franchisee may require a reasonable, non-discriminatory deposit on
equipment provided to Customers. Deposits will be placed in an interest-bearing
account, and the Franchisee will return the deposit, plus interest earned to the date
the deposit is returned to the Customer, less any amount the Franchisee can
demonstrate should be deducted for damage to such equipment.
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27. Parental Control Option. Without limiting a Franchisee's obligations under Federal
law, a Franchisee must provide parental control devices at no charge to all Customers
who request them that enable the Customer to block the video and audio portion of
any Channel or Channels of programming.
28. Escalated Complaint. Any Customer who is dissatisfied with any proposed disposition
of a Complaint by a Franchisee or who has not received a decision within the required
fifteen (15) day period shall be entitled to have the Complaint reviewed by the City.
28.1. The Customer may initiate the review either by calling the City or by filing a
written Complaint, by letter or in electronic form, together with a Franchisee's
written decision, if any, with the City.
28.2. The Franchisee must attempt to contact the Customer who is the subject of the
Escalated Complaints within two business days of receiving the Escalated
Complaint notice from the City.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
Courtesy
All Franchisee officers, agents, and $5.00 credit
employees shall be courteous,
knowledgeable and helpful; provide complete
and accurate information; and deliver
effective, timely and satisfactory service.
Responsiveness
Guaranteed Seven (7) Day Residential Installation and Service
Franchisee shall complete Standard Free installation, or one (1) month of the
Installations' and service requested by a most widely subscribed to service tier free of
Customer within seven (7) business days charge, if the installation fee has been
after order has been placed. waived for promotional reasons.
Franchisee shall provide Customers seeking Free installation, or one (1) month of the
Non-Standard Installations with a total most widely subscribed to service tier free of
installation cost estimate and an estimated charge, if the installation fee has been
date of completion. waived for promotional reasons.
Upon Customer request for initial service, for Free installation, or one (1) month of the
service changes/upgrades/downgrades/ most widely subscribed to service tier free of
disconnection, and/or for scheduling of charge, if the installation fee has been
service call, a Franchisee shall provide clear waived for promotional reasons.
and concise written information to the
Customer, either in person, sent
electronically (to the e-mail address specified
by the Customer) or postmarked within 24
hours. This information should confirm
Customer request, and specify all pertinent
scheduling and price information (including
Customer's total upfront cost, ongoing
monthly bill amounts [inclusive of all taxes
and fees], the date of expiration of any
customer promotions or discounts, and the
resulting increase to a Customer's bill that
will be incurred at the time of expiration).
Residential Installation and Service Appointments
All Franchisee Customers wanting $10.00 credit if not offered a 2 hour time
installation of cable or service may choose block.
any available two (2) hour time block.
The Franchisee may not cancel a service or $10.00 credit or the guarantee offered by the
installation appointment with a Customer Franchisee, whichever is greater
within 24 hours of the appointment or after
the close of business on the business day
preceding the scheduled appointment,
whichever is earlier.
1 "Standard Installation" means any residential Installation that can be completed using a Drop of 250 feet or
less.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
If a Franchisee cannot make an appointment Customer may choose: (a) installation or
for any reason, the Franchisee shall contact service call free of charge, if the appointment
the Customer before the end of the was for an installation or service call for
scheduled appointment and reschedule at which a fee was to be charged; or (b) at
the convenience of the Customer. minimum, one (1) month of the most widely
subscribed to service tier free of charge.
If a Franchisee technician arrives within the $5.00 credit if the Customer is not contacted
agreed upon time, and the Customer is within forty-eight (48) hours
absent, the technician shall leave written
notification of arrival and return time, and the
Franchisee shall contact the Customer within
forty-eight 48 hours to reschedule.
Outages and Service Interruptions
System outages resulting from Franchisee's One (1) day's free service for each day in
equipment failure affecting five (5) or more which there is an outage for each Customer
Customerswho reports an outage.
Under Normal Operating Conditions, repairs One (1) day's free service for each day in
and maintenance for outages or service which such an interruption in service occurs.
interruptions must be completed within
twenty-four (24) hours after the outage or
interruption becomes known to Franchisee,
where the Franchisee has adequate access
to facilities to which it must have access in
order to remedy the problem.
TV Reception Difficulties
Franchisee shall make repairs promptly, and One (1) day's free service for each day in
interrupt service only for good cause, during which there is an outage for each Customer
periods of minimum use of the system, and who reports an outage
for no more than twenty-four (24) hours,
except where unavoidable.
Franchisee shall provide clear television One (1) day's free service for each day in
reception that meets or exceeds FCC which reception falls below FCC standards
technical standards. for Customers who report reception that does
not meet FCC standards
If a Customer experiences poor video or One (1) day's free service for each day after
audio reception due to Franchisee's the Customer has called and the problem
equipment, the Franchisee shall repair the remains uncorrected
problem no later than the next day, unless
otherwise agreed to with the Customer.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
Problem Resolution
The Customer Service Center shall be fully $5.00 credit
staffed with CSRs who: (a) are able to
respond to walk-in Customers within a
reasonable amount of time; and (b) are able
to easily access a Customer's account
information and his or her previous customer
service inquiries.
Franchisee's CSRs shall be able to resolve $5.00 credit
complaints, provide credit, accept bill
payments, waive fees, schedule
appointments, process change of service
requests, change billing cycles, and
exchange equipment.
Any difficulties that cannot be resolved by the $5.00 credit
CSR shall be referred to a supervisor who
shall make best efforts to 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 Franchisee.
Billing, Credits and Refunds
Franchisee's billing statement must be clear, $5.00 credit
concise, and understandable; must itemize
each category of service and equipment
provided to the Customer; and must clearly
and accurately state the charges therefor.
Franchisee will respond to all billing inquiries
within twenty-four (24) hours of the inquiry.
Franchisee may not impose a late fee for any Credit for the full amount of an improperly
failure by the Franchisee, nor for late charged late fee, plus additional $5.00 credit
payments earlier than forty-five (45) days
after the due date specified in the bill. A late
fee may not be imposed unless the
outstanding balance exceeds $10.00 and late
fees may not exceed $10.00.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
Upon a Customer's request, Franchisee will $5.00 credit (or payment if the Customer's
promptly downgrade or disconnect the account has closed).
Customer from the Franchisee's Cable
system. No charges for service or rental of
equipment provided by the Franchisee may
be made after the Customer requests
disconnection. No period of notice before
voluntary termination or downgrade of Cable
service may be required of Customers by any
Franchisee. There will be no charge for
disconnection and any downgrade charges
will conform to applicable law.
Any security deposit and/or other funds due a $5.00 credit (or payment if the Customer's
Customer that disconnects or downgrades account has closed).
service will be returned to the Customer
within thirty (30) days or in the next billing
cycle, whichever is later, from the date
disconnection or downgrade was requested
(except in cases where the Customer does
not permit the Franchisee to recover its
equipment, in which case the amounts owed
will be paid to Customers within thirty (30)
days of the date the equipment was
recovered, or in the next billing cycle,
whichever is later).
Respectful Treatment of Property
Franchisee shall replace any trees or shrubs $10.00 credit plus any additional repairs or
damaged during any installation or repair reimbursement if the Franchisee fails to
replace or repair the damage
Franchisee shall restore any damage $10.00 credit plus any additional repairs or
property to the same condition it was before reimbursement if the Franchisee fails to
damage occurred. replace or repair the damaged property
Franchisee's personnel shall clean up debris $10.00 credit plus cleanup and disposal of
caused by the Franchisee's activities at a debris
work site and properly dispose of cable
materials.
Services for Customers With Disabilities
Upon Customer request, Franchisee will $5.00 credit
arrange for pickup and/or replacement of
converters or other Franchisee equipment at
the Customer's address or by a satisfactory
equivalent (such as the provision of a
postage-prepaid mailer) at no charge to the
Customer.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
Customer Information
Franchisee shall contact new Customers by $5.00 credit for failure to provide any
telephone, mail, e-mail (to the address required information to Customer.
specified by the Customer) or in person
within two (2) weeks after installation or
provide a self-addressed stamped response
postcard to all Customers in its installation
materials to assure overall Customer
satisfaction with the work completed.
Franchisee shall maintain records of a
reasonable sample of Customer responses.
In addition, Franchisee will provide each
Customer (1) at the time service is installed;
(2) annually thereafter in correspondence
separate from the monthly bill; and (3) at any
time the Customer requests, clear and
accurate written information with regard to:
A. All products and services offered by
Franchisee, including its channel lineup and
lowest cost (or free) service packages;
B. Process and procedures for a service call,
filing a Complaint, or requesting an
adjustment (including when a Customer is
entitled to refunds for outages and how to
obtain them);
C. The name, address and telephone
number of the employee or employees or
agent to whom such inquiries or complaints
are to be addressed;
D. The telephone number and address of
the City office responsible for administering
the Cable Television Franchise;
E. A written copy of these Customer Service
Standards or a summary approved by the
City (an on-line version shall be considered
an acceptable dissemination of the standards
to the Franchisee's Internet Service
Customers, who shall be notified of the
location of these Standards via e-mail to the
address specified by the Customer);
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
F. Information regarding the current rates $5.00 credit for failure to provide any
and charges for all services, products, and required information to Customer.
equipment provided by the Franchisee
(which must include any senior, disabled or
other discounts offered and the least
expensive tier of service available, including
any free PEG related tiers, if applicable),
Channel positions, delinquent Customer
disconnect and reconnect procedures;
information regarding the availability of
parental control devices, the conditions under
which they will be provided, and the cost (if
any) to be charged;
G. Information describing conditions that
must be met to qualify for discounts;
H. All Franchisee's policies in connection
with its Customers;
I. Descriptions of any discounts, services, or
specialized equipment available to
Customers who are seniors or with
disabilities; explaining how to obtain them;
and explaining how to use any accessibility
features;
J. Installation and service maintenance
policies, including the Customer
responsibilities for equipment;
K. Instruction on the use of cable TV service,
remote control, and all other equipment
provided by a Franchisee; and
L. Days, hours of operation, and locations of
the Customer Service Centers.
Franchisee shall provide Customers and the $5.00 credit for each affected Customer
City with written notification (not with bills) of
any change in rates, programming, services,
equipment provided to the Customer, or
channel positions at least thirty (30) days
before the date of the change.
Clear and concise written information $5.00 credit (or payment if the Customer's
regarding disconnection procedures account has closed) for failure to provide
(including return of equipment) shall be information to Customer.
provided by Franchisee to the Customer,
sent electronically (to the e-mail address
specified by the Customer) or postmarked
within 24 hours after the Customer requests
disconnection.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
All officers, agents, and employees of the $5.00 credit for failure to comply with any
Franchisee, its contractors and Customer contact obligation.
subcontractors in personal contact with the
Customer shall:
A. be courteous, knowledgeable and helpful;
provide complete and accurate information;
and deliver effective, timely and satisfactory
service in all contacts with Customers;
B. be fluent in English and able to
communicate clearly with Customers in
English; and
C. (for those who are in personal contact with
Customers) have a visible identification card
with their name and photograph and shall
orally identify themselves upon first contact
with the Customer.
All CSRs shall identify themselves orally to $5.00 credit
callers immediately following the greeting
during each telephone contact with the
public.
All written correspondence with Customers $5.00 credit for each affected Customer.
shall be in a clear and conspicuous format,
which shall be in a 10-point minimum font
size.
Franchisee shall use its best efforts to make $5.00 credit for each affected Customer for
all customer services available in Spanish failure to comply with any obligation related
and other languages, in addition to English. to communication in Spanish.
The Franchisee shall also:
A. (during Normal Business Hours) maintain
at least one customer service representative
who is capable of speaking Spanish, whether
in-person or via telephone calls;
B. include customer service representatives
who can communicate with Spanish-
speaking subscribers regarding installation,
services, outages, billing questions, and
other inquiries; and
C. place on billing statements, a telephone
number for communication with Spanish-
speaking customer service representatives.
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Schedule of Credits to Customers
Standards of Customer Service Minimum Compensation for
Noncompliance
Customer Privacy
Franchisee shall notify Customers within 10 The Customer has the choice of either a
days of any data breach that is brought to the check for $100.00, or a credit to Customer
attention of the Franchisee, and take all account in the same amount.
necessary steps to remediate injuries caused
by the breach.
Franchisee shall fully comply with all
obligations under 47 U.S.C. § 551
("Protection of Subscriber Policy").
Safety
When the Franchisee receives notice that an At least Twenty-five Dollars ($25) a day for
unsafe condition exists with respect to its each twenty-four (24) hour delay in
equipment, the Franchisee shall investigate responding to Customer safety concerns
such condition immediately, and shall take
such measures as are necessary to remove
or eliminate any unsafe condition.
Satisfaction Guaranteed
Franchisee will guarantee Customer The Customer will have the opportunity to
satisfaction for every Customer who requests cancel any Cable Service or Other Service
new or additional Cable Service or Other within thirty (30) days of receiving the service
Service. and receive a pro rata credit in an amount
equal to the pro rata charge for the remaining
days of service being disconnected if the
Customer is dissatisfied with the service,
except where a free promotion has been
offered, there shall be no charge of any kind
for the service or for disconnection of the
service.
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