12.24.100 - Customer Service.
A. General Provisions. This section sets forth customer service standards that must be required in any cable franchise or cable service permit. In addition, a cable company shall at all times satisfy any additional or stricter requirements that are mandatory under FCC regulations, or other applicable federal, state or local law or regulation, as the same may be amended from time to time.
1. Nothing in this chapter may be construed to prevent or prohibit the City and a cable company from agreeing by written mutual consent to customer service requirements that exceed the standards set forth in this chapter; the City from enforcing, through the end of a cable franchise or cable service area permit term, pre-existing customer service requirements that exceed the standards set forth in this chapter and are contained in current cable franchise or cable service area permit agreements; the City from enacting or enforcing any customer service or consumer protection laws or regulations, to the extent not specifically preempted by federal law; or the City from waiving, for good cause, requirements established in this Section 12.24.100.
2. Nothing in this section in any way relieves a cable company of its obligation to comply with other applicable consumer protection laws and its agreement.
B. Applicability. A cable company shall use its best efforts to comply with the standards specified in this section at all times. However, a cable company shall not be penalized or otherwise sanctioned, for violations of these standards occurring up to one year after the effective date of this provision. This grace period shall not apply to continuing violations to the extent they continue after the one-year grace period.
C. Notice to Subscribers.
1. A cable company shall notify subscribers and the City of any pricing changes or additional charges (excluding temporary marketing and sales discounts, or offers) and/or any changes in programming services (including the scrambling or de-scrambling of channels) through announcements on the system and in writing. Notice of proposed rate changes shall itemize all new rates and the amount of increase or decrease from current rates. Notice of proposed programming changes shall include a description of any new programming services, channel assignments, hours of programming operation and any changes to existing channel positions and programming services affected by such changes. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes, and to the City at least fifteen (15) days prior to such notice to subscribers, if the change is within the control of the cable company. Notice of any such change that is not within a cable company's control shall be provided to the City as soon as practicable, and if possible prior to subscriber notification.
2. If a cable company participates in promotions in which premium channels offering X, NC-17 or R-rated programming are delivered unscrambled or free of charge, it must provide notice to all subscribers at least thirty (30) days prior to such promotions advising that they can request that the promotional channel be blocked.
3. A cable company shall provide written information to subscribers on each of the following areas at the time of installation of service, at least annually to all subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in the information required by this section. Copies of all such materials provided to subscribers shall also be made available upon request by the City at least annually.
a. Products and services offered;
b. Prices and options for service;
c. Conditions and restrictions of service, including but not limited to need for equipment and equipment rental requirements;
d. Service charges, including deposits, installation, late fees, equipment and repair charges, whether regulated or unregulated;
e. Installation and maintenance policies, delinquent subscriber disconnect and reconnect procedures, and any other of its policies applicable to its subscribers, including, when applicable, information regarding the subscribers home wiring rights and information describing ownership of internal wiring during the period service is provided;
f. Instructions on how to use the cable service and operate any subscriber terminal equipment;
g. Channel positions of all programming carried on the system;
h. Billing and complaint procedures;
i. Refund and credit policies;
j. Availability of parental control devices;
k. Procedures for changes or termination of service and any associated charges;
l. Procedures by which the subscriber shall be notified of changes in fees, charges, deposits, or associated terms and conditions for service;
m. Subscriber privacy rights;
n. Address and telephone number of the cable company's local office to which complaints may be reported;
o. Procedures for reporting and resolving service problems;
p. The cable company's emergency service telephone number;
q. A copy of the service contract, if any;
r. Notice of the availability of universal remote controls and other compatible equipment (a list of which, specifying brands and models, shall be provided to any subscriber upon request);
s. Information concerning the City's responsibility as franchising authority, including the address and telephone number of the City's consumer information office regarding cable.
4. Prior to the beginning of any system upgrade construction, and periodically during each phase, a cable company shall inform the public and its subscribers about the progress of the upgrade, areas where construction crews are to be working and any expected temporary interruptions to existing services which may occur.
5. In order that subscribers be fully informed of the charges they may incur, telephonic communications and all cable company promotional materials, announcements and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms and options and shall quote the rates, fees and/or charges. In all communications to subscribers, a cable company must use generally accepted terminology. A cable company shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers before an order is accepted.
6. A cable company shall provide the City with a complete schedule of all current programming services, excluding pay-per-view rates and charges and commercial rates, and shall keep this schedule updated during its franchise term.
7. A cable company shall maintain a public file containing all notices provided to subscribers under these customer service standards. Copies of all such notices, promotional or special offers sent to subscribers, and of any agreements used with subscribers, shall be filed with the City upon request.
D. Employee Identification. A cable company shall provide and require all employees and agents, including employees of subcontractors, who come in contact with the public to wear cable company identification. The identification document shall:
1. Be worn on the outside of such representative's clothing and visible to other persons;
2. Bear the name and a picture of such representative; and
3. Prominently display the cable company's name and address.
E. Vehicle Identification. Any of a cable company's vehicles, including those of its agents and subcontractors, used for construction, installation, maintenance or removal of its facilities, shall prominently display signage identifying the cable company.
F. Telephone and Office Availability.
1. Telephone Availability. A cable company's office shall be accessible by all persons within its service area through a toll-free telephone number twenty-four (24) hours a day, including weekends and holidays.
2. Customer Service Representatives. A cable company's customer service operators shall be trained to screen requests and assist in solving problems. Such customer service representatives shall identify themselves by at least their first names immediately upon initial contact. A subscriber shall be transferred to a supervisor upon request, or, if none is available, receive a return call from a supervisor within one working day of request.
3. Office. A cable company shall maintain a local business office accessible to the public for the purpose of transacting business, including but not limited to taking installation and service requests, offering and exchanging equipment, receiving billing and service inquiries and resolving complaints. Excluding legal holidays, the business office shall be open to receive inquiries or complaints from the public as follows:
a. During normal business hours on weekdays, with minimum opening and closing times of nine a.m. and five p.m. respectively; and
b. For extended hours of at least four hours per week, which may include weekdays after five p.m. and/or weekends, at the discretion of the cable company.
4. Normal Business Hours. During normal business hours and the extended hours specified in subsection (F)(3)(b) of this section, a cable company must have telephone lines and adequate staff available to accept or exchange equipment, such as converters, at the option of the cable company either at its office or in the field; to schedule and perform emergency service or emergency technician calls; to accept payments at its office or at a drop box; and to answer subscriber inquiries.
5. Telephone Standards. Under normal operating conditions, the following standards shall be met by a cable company at least ninety (90) percent of the time, measured quarterly:
a. Telephone answering time, including wait time, shall not exceed thirty (30) seconds.
b. Call transfer time shall not exceed an additional thirty (30) seconds.
c. No more than three percent of incoming customer service callers shall receive a busy signal.
d. Customer service operators shall identify themselves immediately upon initial contact.
e. When the business office is closed, an answering machine or service capable of receiving and recording service complaints and inquiries shall be employed if the telephone is not answered by an individual. Inquiries received after hours must be responded to by a trained representative of the cable company on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this section. Any answering service employed by a cable company shall provide the cable company on a monthly basis written detailed records of all service calls received, including date, time and nature of call, which shall be made available for inspection by the City upon reasonable notice during normal business hours.
6. Emergency Telephone Access. A cable company shall at all times provide emergency telephone lines so that the City and other local governments can contact the cable company immediately when necessary (e.g., in the event of an emergency or service interruption). The cable company shall notify the City as promptly as possible by any available means whenever there is a total interruption of telephone service which affects the cable company's subscriber service phone lines.
G. Response to Complaints and Inquiries.
1. A cable company shall investigate complaints, make every effort to resolve such complaints, and report the results of the investigation to the complainant within five working days of receipt of the complaint.
2. If a complaint is not resolved to the satisfaction of both the complainant and the cable company, the cable company shall immediately inform the complainant orally, and follow up in writing, of the complaint procedures and the City's cable consumer information office address and telephone number.
3. If the City refers a complaint to a cable company on behalf of a complainant, the cable company shall investigate the complaint and report the results of the investigation in writing to the City and to the complainant within seven working days.
4. Under normal operating conditions, billing inquiries and requests for service, repair and maintenance not involving service interruptions must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. A cable company shall respond to all other inquiries within five business days of the inquiry or complaint.
H. Scheduling and Completing Service. Under normal operating conditions, each of the following standards shall be met by a cable company at least ninety-five (95) percent of the time, as measured on a quarterly basis:
1. Prompt Service.
a. Standard installations (those installations at serviceable addresses that consist of an aerial or underground drop of no more than one hundred fifty (150) feet in length running from the nearest feeder cable of the system to the terminal of the subscriber using exposed wiring inside the subscriber's premises) shall be completed within seven business days after the order is placed, unless a later appointment date is agreed to by the subscriber.
b. Nonstandard installations (those which exceed standard minimum lengths or, in the case of underground drop, which involve unforeseen conditions beyond routine trenching and laying of cable) shall be completed within sixty (60) days after such requests, unless reasonable construction permitting or installation time frames impose a later installation date. A cable company shall immediately notify the affected subscriber of any such installation delays beyond the sixty (60) day requirement.
c. A cable company shall investigate all service requests and initiate service or repair as soon as practicable but no later than thirty-six (36) hours after the request. The results of such service or repair requests shall be reported to the subscriber within three working days of the request.
d. Repairs and maintenance for service interruptions and other repairs not requiring work within a subscriber's premises must be completed within twenty-four (24) hours after the subscriber reports the problem to a cable company or its representative or the interruption or need for repairs otherwise becomes known to the cable company.
e. Work on all other requests for service must be begun by the next business day after notification of the problem.
f. All requests for service, except installation requests, must be completed in the shortest time possible, but in any event within three days from the date of the initial request. The three-day time limit shall not apply if, for reasons beyond the cable company's control, the work could not be completed in those time periods even with the exercise of all due diligence. The failure of a cable company to hire sufficient staff or to properly train its staff shall not justify its failure to comply with this provision. If the cable company fails to complete the work within the specified time period, it shall nonetheless proceed to complete the work as soon as possible. Except as preempted by federal law, no charge shall be made to the subscriber for such service, except for the cost of repairs to a cable company's equipment or facilities where it can be documented that the equipment or facility was damaged by a subscriber.
2. Service Times. A cable company shall perform service calls, installations and disconnects at least during normal business hours. Maintenance service capability enabling the prompt location and correction of major system malfunctions shall be available at all times.
3. Appointments. A cable company shall schedule installation, maintenance or repair service appointments with subscribers during a designated four-hour block of time agreed to by the subscriber to enter such subscriber's residence or business to install, maintain, repair or adjust equipment or services. Such appointment blocks shall be scheduled either during morning or afternoon hours (e.g., eight a.m. to twelve (12) noon, or one p.m. to five p.m.) or at a time mutually agreed upon by the subscriber and cable company. Where a subscriber cannot conveniently arrange for a service call or installation during normal business hours, the cable company shall also schedule service and installation calls outside normal business hours for the express convenience of the subscriber.
4. Cancellations. Under normal operating conditions, a cable company shall provide a minimum of one day's advance notice of an appointment cancellation and may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. A cable company may not cancel an appointment with a subscriber after the close of business on the business day preceding the appointment, nor may the cable company miss a duly scheduled appointment. If a cable company's representative is running late for an appointment with a subscriber and is not able to keep the appointment as scheduled, the cable company shall contact the subscriber, and reschedule the appointment as necessary, at a time which is convenient for the subscriber. If a cable company is unable to keep a scheduled appointment and has not previously provided notice of cancellation to the subscriber, the cable company shall make at least two attempts to directly contact and notify, the subscriber during the scheduled appointment block, documenting its efforts to do so. The cable company shall give the subscriber notice of its inability to keep the appointment, and of its attempts to contact the subscriber.
I. Other Service Requirements.
1. Technical Adjustments. At the time of service, cable company technicians shall provide appropriate technical adjustments (e.g., grounding) necessary, for the subscriber's equipment to receive satisfactory reception, provided the subscriber's equipment is in good working condition.
2. Emergency Maintenance. A cable company shall keep an emergency system maintenance and repair staff, capable of responding to and repairing system malfunctions or interruptions, on a twenty-four (24) hour basis, and shall respond to service interruptions twenty-four (24) hours a day, seven days a week under normal operating conditions.
3. Maintenance Service Record. A cable company shall keep a maintenance service record which shall indicate the nature of each service complaint, the date and time it was received, the disposition of the complaint, and the time and date thereof. Complete records of the cable company's action in response to all complaints shall be made available for inspection by the City upon reasonable request during normal business hours.
4. Cable Company-owned Equipment. Except as federal law preempts, no charge shall be made to the subscriber for repairs or maintenance of cable company-owned equipment or facilities, except for the cost of repairs to the cable company's equipment or facilities where it can be shown that the equipment or facility was damaged by a subscriber.
5. Mobility-limited Subscribers. With regard to mobility-limited subscribers, upon subscriber request, a cable company shall arrange for pickup and/or replacement of converters or other cable company equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer).
6. Private Property Access. A cable company shall provide at least two days' written notice to the affected property owner of the approximate time its employees or representatives plan to enter onto such property owner's external property for the purpose of equipment installation, service, maintenance or repair of the system.
J. Installations, Connections and Other Services.
1. Requests for Installation. A cable company shall fill all installation requests pursuant to the provisions of this section unless:
a. The cable company cannot obtain access to the requesting person's premises in accordance with the installation times specified in this section; or
b. The requesting person has not paid reasonable advance deposits and fees required by the cable company; or
c. The requesting person is currently in debt to the cable company; or
d. The requesting person has been convicted of theft of cable service.
2. Installations Generally. The subscriber's preference as to the point of entry into the residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. A cable company shall use due care in the process of installation and shall repair any damage to the subscriber's property, caused by such installation. Such restoration shall be undertaken as soon as possible after the damage is incurred and shall be completed within no more than thirty (30) days after the damage is incurred. All installations shall include appropriate technical adjustments in order to receive service, and comply with the provision of any consumer information and literature required by applicable law to instruct the subscriber in the utilization of the service.
3. Standard Installations. Except as federal rate regulations may otherwise require, a cable company shall not assess a subscriber any cost other than a standard installation charge for service drops of one hundred fifty (150) feet or less, for a single outlet, unless the cable company demonstrates to the City's satisfaction that extraordinary circumstances justify a higher charge.
4. Nonstandard Installations. Except as applicable law may otherwise require, where a drop exceeds one hundred fifty (150) feet in length, a cable company may charge a subscriber allowable rates for installing the drop beyond one hundred fifty (150) feet, provided that drop length charged for shall be the difference between the actual length of the installed drop and one hundred fifty (150) feet.
5. Location of Drops. In locations where a cable company's system must be underground, drops must be placed underground as well. Except as federal law may otherwise require, in any area where the cable company would be entitled to install a drop above-ground, the cable company shall provide the homeowner the option to have the drop installed underground if requested, but may charge the homeowner the difference between the allowable charge for the above-ground installation and the allowable charge for the underground installation.
6. Antennas and Antenna Switches. A cable company shall adhere to FCC regulations regarding antenna switches. The cable company shall not, as a condition to providing cable service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals.
K. Service Interruptions.
1. A cable company may intentionally interrupt service on the cable system only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to fix the affected subscriber's service problems, only after a minimum of forty-eight (48) hours prior notice to subscribers and the City of the anticipated service interruption; provided, however, that planned maintenance that does not require more than four hours' interruption of service and that occurs between the hours of twelve (12) midnight and six a.m. shall not require such notice to subscribers, but shall require notice to the City no less than twenty-four (24) hours prior to the anticipated service interruption.
2. If an unscheduled service interruption or outage occurs for a duration of two or more continuous hours to three percent or more of the subscribers in the service area, the cable company shall notify the City within two hours of such occurrence, or at the opening of business on the next business day if the interruption occurred outside normal business hours.
3. A cable company shall provide the City with prompt notice of any service interruptions of which the cable company is aware, including advance notice of any planned service interruptions.
L. Billing.
1. Bills shall be clear, concise and understandable. Bills must be itemized including, but not limited to, basic and premium service charges and equipment charges as well as charges for any other service packages ordered by the subscriber. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates and credits, and permit subscribers readily to determine the cost of each service or equipment item that is part of the total bill. The portion of the bill retained by the subscriber must include:
a. Payment due date;
b. Service dates covered by the billing;
c. Any applicable credits due to the subscriber, or past due amounts owed by the subscriber;
d. Itemization of charges for each tier of programming or service package and equipment item charged to the subscriber;
e. Late payment fee, if any, and late payment due date;
f. Address, telephone number and business hours to contact the cable company regarding customer service and billing inquiries or disputes;
g. The City's cable consumer information office, address and telephone number; and
h. If government-imposed fees or taxes are itemized, such fees or taxes.
2. A cable company shall submit to the City on a monthly basis a sample cable company subscriber billing for that month itemizing all current charges for services and equipment.
3. A cable company's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.
4. The cable company's billing statement must show a specific payment due date not earlier than at least ten (10) business days from the date the bill is postmarked, unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. The cable company shall not assess a late fee earlier than the due date of the next billing cycle. Any late fee imposed by the cable company that does not exceed five dollars and fifty cents in 1998 dollars (adjusted annually for inflation based on the Consumer Price Index, U.S. City Average) shall be presumed reasonable to recover the costs associated with the delinquent payment. The late fee shall appear on the following month's billing statement. A cable company may not charge a late fee unless: (a) the subscriber's bill sets forth when the late fee is to be assessed; and (b) the bill sets forth the amount of the late fee.
5. Subscribers shall not be charged a late fee or otherwise penalized for any failure by a cable company, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made.
6. A cable company must notify, the subscriber that he or she can remit payment in person at the cable company's business office and inform the subscriber of the address of that office.
M. Deposits, Refunds and Credits.
1. Under normal operating conditions, if a cable company fails, through no fault of the subscriber or contrary, to prior agreement with the subscriber, to perform installations within the prescribed time lines as defined in subsection J of this section, or does not arrive for appointments for installations within the scheduled appointment block pursuant to this section, the cable company shall provide free installation to the subscriber, or shall provide a credit of at least ten dollars ($10.00) if the requested installation was already free or discounted.
2. Under normal operating conditions, if a cable company fails, through no fault of the subscriber or contrary to prior agreement with the subscriber, to perform scheduled maintenance or repairs, or does not arrive for appointments for maintenance or repairs within the scheduled appointment block pursuant to subsection (H)(3) of this section, the cable company shall provide the scheduled maintenance or repair free to the subscriber, or shall provide a credit of at least twenty dollars ($20.00) if the maintenance or repair was already free.
3. Under normal operating conditions, a cable company shall issue an automatic credit to the accounts of all subscribers within a definable service area, whether or not notified by subscribers, when there is a service interruption affecting all channels, including premium channels and nonpremium channels, for four hours or longer in a twenty-four (24) hour period. If there is a service interruption on one or more such channels for two hours or longer in a twenty-four (24) hour period, the cable company shall issue a credit to accounts of subscribers who notify the cable company of such service interruption, whether or not the subscriber specifically asks for a credit. Such credit shall equal, at a minimum, the value of one-thirtieth of the subscriber's current monthly bill, excluding pay-per-view and special events. In the event that a pay-per-view channel is affected by a service interruption, the cable company shall issue full credit to the accounts of all subscribers who paid in advance for such event(s).
4. Credits pursuant to this section shall be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted. Refunds and credits pursuant to this section shall be issued by a cable company within sixty (60) days following the resolution of the event giving rise to the refund and/or credit.
5. If a cable company fails to pay a subscriber any refunds or credits within sixty (60) days pursuant to this subsection, the cable company shall pay interest to the subscriber, in addition to the original credit or refund, at the same interest rate applicable to late franchise fee or cable service permit fee payments.
6. A cable company may require reasonable, nondiscriminatory, refundable deposits for service or equipment, provided that:
a. If a subscriber's account is in good standing with the cable company for one year, the cable company shall refund to the subscriber any deposits made by the subscriber, plus interest at a rate equal to the commercial prime interest rate of the City's primary, depository bank during that year.
b. Upon termination of service for any reason, a cable company shall either:
i. Refund to the subscriber any unrefunded deposits, plus interest at the rate described above, and the unused portion of any prepaid service charge (if termination is prior to end of a prepaid period), but specifically excluding installation fees; or
ii. Issue a credit equal to the amount of any refund as defined in this section, including deposit, interest and unused portion of prepaid service charge, which is owed to the subscriber, to be applied against amounts owed by the subscriber to the cable company. If such credit exceeds the amounts owing, the remainder shall be refunded as indicated above.
7. Credits stated in dollar amounts in this section are in 1998 dollars and shall be adjusted annually for inflation based on the Consumer Price Index, U.S. City Average.
N. Disconnection/Denial of Service.
1. A subscriber may terminate service at any time.
2. A cable company shall disconnect a subscriber's service within six working days of a subscriber's request. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers by a cable company. A cable company shall cease to charge a subscriber for cable service immediately after receiving a request to discontinue cable service. If for any reason a subscriber terminates cable service prior to the end of a prepaid period, the unused portion of any prepaid service fees shall be refunded to the subscriber within thirty (30) days or by the end of the next billing cycle, whichever is earlier.
3. No charge may be imposed for any voluntary disconnection or downgrade, except to the extent that federal law specifically provides that the cable company must be permitted so to charge a subscriber. So long as the subscriber returns, or permits the cable company to retrieve, any equipment necessary to receive a service within five business days of the disconnection, no charge may be imposed by any cable company for any cable service delivered after the date of the disconnect request.
4. A subscriber may be asked, but not required, to disconnect a cable company's equipment and return it to the business office.
5. A cable company shall not terminate residential service for nonpayment of a delinquent account unless the cable company furnishes written notice of the delinquency and impending termination at least fifteen (15) days prior to the proposed termination. The notice shall be mailed to the subscriber to whom the service is billed and shall be postmarked no earlier than the sixteenth day after the due date of the unpaid bill. Such notice may be part of a billing statement. Such notice shall be mailed, postage pre-paid, to the subscriber to whom the service is billed, and may be part of a billing statement. A cable company shall terminate service only on days when a subscriber can reach a representative of the cable company either in person or by telephone. Service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of cable company equipment, employees or representatives, or other similar actions. If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the cable company shall not disconnect service. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the cable company shall promptly reinstate service.
6. A cable company may immediately disconnect a subscriber if the subscriber is damaging or destroying the cable company's cable system or equipment. After disconnection, the cable company shall restore service after the subscriber 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 amounts owed the cable company for damage to its cable system or equipment.
7. A cable company may also disconnect a subscriber that causes signal leakage in excess of federal limits. The cable company may disconnect a subscriber without notice where signal leakage is detected originating from the subscriber's premises in excess of federal limits, provided that the cable company shall immediately notify the subscriber of the problem and, once the problem is corrected, reconnect the subscriber without charge.
8. A cable company shall reconnect service to customers wishing restoration of service, provided such a customer shall first satisfy any previous obligations owed.
9. A cable company shall furnish and maintain services to each person who makes a bona fide request to receive any service. Nothing in this section shall limit the right of a cable company to deny service to any household which or individual who has a negative credit or service history with the cable company, which may include nonpayment of bills or theft or damage to the cable company's equipment, or who has threatened or assaulted employees of the cable company in the course of their employment, provided that in the event service is denied, the cable company shall give notice to the denied person of the right to contact the appropriate regulatory authority, providing name, address and phone number of the City.
10. A cable company shall not request more personally identifying information than is necessary to confirm the identity of a subscriber. The type of information considered to be necessary may vary depending on the individual subscriber, but the cable company may not deny service to a person who fails to provide a Social Security number, although additional deposits may be required. However, a cable company may deny service if a person fails to produce any verifiable personally identifying information after being requested to do so.
O. Changes in Service.
1. A cable company may not alter the service being provided to a class of subscribers (including by retiering, restructuring or otherwise) without the express permission of each subscriber, unless it complies with this section, except to the extent that federal law specifically provides that the cable company must be permitted to make such alterations in a manner inconsistent with this section.
2. No charge may be made for any service or product that the subscriber has not affirmatively indicated it wishes to receive. Payment of the regular monthly bill does not in and of itself constitute such an affirmative indication.
3. A cable company shall comply with all applicable law regarding buy-through of tiers.
P. Parental Control Option. Upon the request of a subscriber, a cable company shall make available a device by which the subscriber can block completely the video and audio signals of a particular cable service. The control option described herein shall be made available to all subscribers requesting it when any cable service is provided, or reasonably soon thereafter.
Q. Enforcement.
1. A cable company shall keep such records as are necessary to show compliance with these customer service standards and FCC customer service standards.
2. Unless this requirement is waived in writing by the City, a cable company shall file annually with the City a statement signed by an officer or employee certifying compliance with this section for each calendar quarter. Each such certification shall be filed with the cable company's annual report. If the cable company is unable to certify full compliance for each calendar quarter, it must indicate in its filing each standard with which it is in compliance and in noncompliance.
3. If a cable company is in noncompliance with any standard during any calendar quarter, it shall include in its annual filing a statement specifying areas of noncompliance, the reason for the noncompliance and a remedial plan.
4. If a cable company fails to file a compliance certificate or noncompliance statement as required herein, it shall be liable for the liquidated damages specified herein for violation of customer service standards.
5. In addition, except as prohibited by federal law, a cable company shall be subject to penalties, forfeitures and any other remedies or sanctions available under federal, state or local law if it fails to comply with the standards herein.
R. Anti-competitive Acts Prohibited. A cable company shall not engage in acts that have the purpose or effect of limiting competition for the provision of cable service or services similar to cable service in the City, except for such actions as are expressly permitted by federal or state law.
(Ord. 1312 § 1 (part), 1999)
