Article VII — Video Provider Customer Service Standards

As used in this article:

"Adequate staffing" means that sufficient customer service representatives are available to respond to customer inquiries within the required telephone answer time hereunder.

"Basic service level" means any service tier which includes the retransmission of local television broadcast signal.

"Business day" means any day which is not a Sunday and not a designated state or federal holiday.

"Business hours" means a nine-hour period on any business day which falls on any weekday (Monday through Friday) and a five-hour period on any Saturday.

"Cable wiring" as used herein is that cable wiring inside a customer's dwelling unit or premises installed by the company or the company's contractor, including that wiring which is twelve (12) inches outside of where the cable wire enters the outside wall of the customer's premises.

"Channel outage" as used herein means a loss of a cable signal for at least one channel of cable service reported to the company and simultaneously affecting at least ten customers or otherwise confirmed by the company but which is not a service outage.

Citation. These standards may be cited as the "customer service standards."

"Closing date" as used herein means the date of a business day through which all charges are imposed and payments and credits reflected for any given billing.

"Collection action" as used herein means any initiation of adverse credit evaluation or referral to any credit reporting agency, association, or bureau not owned or operated by the company and/or the threatened or actual initiation of legal action.

"Company" as used herein means any person or entity which constructs and/or operates a cable television system which occupies in whole or in part the public rights-of-way, including without limitation public utility easements and, to the extent authorized by law, other video providers as that term is defined by the Video Customer Service Act (California Government Code Sections 53088 et seq.), provided that no failure, refusal or neglect on the part of the franchising authority to enforce the provisions hereof against such video providers who are not franchisees or licensees of the franchising authority shall be a defense or

mitigation to any degree whatever to any enforcement by the franchising authority against such franchisees and/or licensees.

"Customer" as used herein means any person or entity in a building comprising four or fewer residential units utilizing or desiring to utilize cable television services provided by the company for consideration.

"Customer service representative" as used herein means an agent, employee, or contractor of the company authorized and empowered to bind the company as to the subject matter of the standard utilizing the term "customer service representative."

"Customer service supervisor" as used herein means one or more agents, employees, or contractors of the company authorized and empowered by the company to control and direct the activities of customer service representatives.

"Deposit" as used herein means all amounts paid by a customer which are not credited to a current charge otherwise attributable to customer within twenty (20) business days after receipt thereof.

"Downgrade" as used herein means a change, deletion, and/or modification of subscriptions to premium services and/or service tiers above the basic service level which results in a net deletion of at least one premium service and/or one service tier above the basic service level.

"Due date" as used herein means the date of a Monday through Friday business day not less than twenty (20) business days after the date of mailing of the billing by which payment of the billing is due. Notwithstanding the foregoing, the due date on a billing which is a final billing or upon which a balance outstanding is past due may be established less than twenty (20) business days but not less than ten business days after the date of the mailing.

"Franchising authority" means franchising authority, or such franchising authority's designee, as it is empowered to by federal, state, or local law to authorize the construction and/or operation of a cable television system by franchise, permit, license, contract, resolution, certificate or any other agreement or authorization.

"Instrument of payment" means any means by which a customer makes payment to the company, including without limitation cash, check, draft, money order, or electronic funds transfer.

"Poor signal quality" as used herein means a signal reception by a customer below the standards for such a signal as adopted by the Federal Communications Commission, including without limitation Part 76 of the Federal Communications Commission Code.

"Pre-cable condition" means the array and interconnection of the subscriber's equipment, including without limitation connection to interior and/or exterior antenna as the subscriber's equipment was connected and arrayed immediately prior to installation and inception of delivery of cable service by the company and/or its predecessor in interest.

"Serviceable" as used herein means that (1) active cable is in the public easement within one hundred twenty-five (125) feet of the point of installation or (2) the customer's property qualifies for immediate service under the requirements of the company's franchise or license, if applicable.

"Service call" as used herein means any work requiring the visit of the company's representative to the point of service and any appointment requiring the presence of the customer, including without limitation installation, repair and additional outlets.

"Service center" as used herein means a fixed location where customers may conduct business with the company.

"Service outage" as used herein means a loss of all channels upon the cable system resulting from a common cause reported to the company and simultaneously affecting at least ten customers or otherwise confirmed by the company within a given geographical area defined by the company of not less than onehalf square mile.

"Telephone answer time" as used herein means that period of time from the first ring to the company (during normal business hours not to exceed in any event thirty (30) seconds) to the acknowledgment or answer by a customer service representative or to the menu selection presented by an automatic response unit (ARU), and includes all waiting and/or "on hold" time. Acknowledgment by an ARU without providing the customer the opportunity to select from the menu of options shall not be considered answering the call within the meaning of these standards.

"Toll-free" as used herein means that no charge shall be imposed upon a party calling from a residential, flat rate telephone at a point of service delivery.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.10—2-124.36)

A.

Availability. The company shall provide a service center with adequate staffing to serve the public and customers not less than nine hours per Monday through Friday business day and for not less than an additional five hours between the hours of five p.m. on Friday and eight a.m. on the following Monday, and to provide at least the following services to customers;

1.

Accept payments;

2.

Issue, exchange or accept return of remote controls, converters or other equipment;

3.

Respond to inquiries and/or complaints; and

4.

Schedule and conduct installation, service or technical calls.

B.

Telephone Access. During business hours, as defined herein, the company shall maintain toll-free telephone access lines with adequate staffing by trained customer service representatives to provide customer service. Outside business hours as defined herein, an adequately trained answering service or automated answering device is permissible.

1.

"Customer service" includes, without limitation, answering questions, responding to complaints, dispatch of personnel in situations affecting the health and safety of persons, providing information as to business hours, and appropriate telephone numbers for business hour contacts.

2.

"Adequately trained" includes without limitation the capability to provide customer service services.

C.

Telephone Service. Under normal operating conditions, telephone answer time by a customer service representative or ARU, including wait or on-hold time, shall not exceed thirty (30) seconds. If an ARU is utilized, the message shall, within thirty (30) seconds after answering the customer's call, give the customer the option of speaking to a customer service representative, and the transfer time, including wait or on-hold time, shall not exceed thirty (30) seconds on average measured on a quarterly basis. Under normal operating conditions during business hours, busy signals shall not occur more than three percent of the time. This requirement shall be attained not less than ninety (90) percent of the time when measured on a quarterly basis.

D.

Telephone Access to Customer Service Supervisors. If a customer requests to speak with a customer service supervisor and none is available, the customer service representative shall record the pertinent information, and the customer service supervisor shall return the telephone call of the customer within one business day. If the customer service supervisor shall not achieve direct contact with the customer on the return call, the customer service supervisor shall leave, in any message for the customer, a direct dial or extension number which will reach the customer service supervisor for the subsequent use of the customer. If the customer does not answer and an answering machine is not in use, the customer service supervisor shall be deemed to have fulfilled this obligation by documenting the date and time of the supervisor's efforts to reach the customer.

E.

Customer Service Representative Identification. For purposes of documenting the customer's communications with the customer service representative, the customer service representative shall provide the customer with his or her name and/or his or her customer service representative number, or other identification utilized by the company.

F.

Telephone Listings. Company telephone numbers shall be listed conspicuously on all customer bills, and in the major directories published by all telephone companies operating within boundaries of the franchising authority. Numbers which are inadvertently omitted by the company shall be inserted in the next available publishing schedule of the directories.

G.

Franchising Authority Identification. Telephone number(s) and address(es) of the franchising authority regulating the cable television services provided by company within the boundaries of the franchising authority shall be listed conspicuously on all customer bills.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.40—2-124.47)

A.

Installation. All serviceable residential installations shall be performed within seven business days after an order has been placed by the customer, except in those instances in which the customer specifically requests an installation date beyond the seven-business-day period.

B.

Service Delivery Requirements. If the company cannot provide installation and service within the times specified by this section to any residential customer requesting service, the customer shall be informed in writing of all service delivery performance requirements imposed as to the customer's area or location by the applicable franchise or license documents and/or these standards.

C.

Voluntary Disconnection and Cessation of Billing. The customer shall have the right to disconnect service at any time. Such voluntary disconnection and cessation of billing shall be effective upon the earlier of:

1.

The day the customer returns company-owned converters and other equipment to the company or one of its approved agents; or

2.

The day of an appointment, mutually scheduled as between the company and the customer, at which the company retrieves its converters and other equipment within the company's local service area.

a.

A customer requesting this option for equipment retrieval may request the company to reconnect his/her television equipment to its pre-cable condition at the time of that appointment. If the restoration of precable condition of the customer's equipment cannot be restored due to the loss, deterioration, or misplacement of necessary equipment by the customer, the company shall be excused from the restoration.

b.

The mutually scheduled appointment shall occur within seven business days following the customer's request for disconnection.

c.

Should the customer, after advisement of the effect of such a request, request a scheduled pick-up of equipment beyond the aforesaid seven-business-day period, the effective date for the cessation of billing shall be extended by that number of days by which the scheduled date exceeds the aforesaid sevenbusiness-day period.

d.

Should the customer fail, neglect, or refuse to keep the first scheduled appointment for the pick-up of the company's equipment, the effective date for cessation of billing shall be extended to the next scheduled date of pick-up.

e.

If the company should fail, neglect or refuse to pick-up the company equipment at the agreed upon appointment within the seven-business-day period, the company shall:

i.

Provide the customer with a credit in the amount specified by Section 3.16.560 of this chapter, and

ii.

Thereafter, schedule any further appointments for the pick-up of the equipment at the reasonable convenience of the customer.

iii.

The company, at its option, may provide the customer with mailers for postage prepaid return of the company equipment in lieu of the foregoing pick-up procedure, or accept return of the equipment COD.

D.

Collection Actions. With respect to voluntary disconnections, the company shall not initiate any collection action against a customer by reason of the failure to return any cable equipment unless and until the company and the customer shall have fully complied with provisions of this section.

E.

Cable Wiring. Unless the company shall establish to the satisfaction of the franchising authority within thirty (30) calendar days from the earlier of (a) the effective date of these standards or (b) the date of installation of the cable wiring that the customer shall have agreed in writing in advance of installation to allow the company to retain ownership of cable wiring as defined herein, cable wiring shall be and remain the

customer's property under the law of fixtures in the state of California. The company shall not have the right to remove the wiring or to demand payment for such wiring upon termination of service.

If the customer shall have agreed in writing in advance of installation to allow the company to retain ownership of cable wiring, upon termination of service the company must give the customer the option of purchasing the cable wiring.

1.

Prior to removing the cable wiring, the company shall first give the customer the option of purchasing the cable wiring at the per-foot replacement cost of the wiring installed in the premises, without labor charges or other costs or overheads.

2.

Should the customer elect not to purchase the cable wiring, the company may remove within ten business days and at times reasonably convenient to the customer all cable wiring installed by the company or its contractor in connection with the original installation, including without limitation all wires extending onto private property from the public right-of-way (commonly known as service drops), and the company shall repair all damage caused by such removal, or

3.

To leave all cable wiring in place and undisturbed, provided that the company shall have the right to disable the service drops at the joinder of the public right-of-way (and at no other place) in order to forestall diversion of service.

F.

Junction Box Disconnection. Notwithstanding the above, the company in its sole discretion, and upon evidence of theft of service by the customer or former customer, may remove its wires from the junction of its distribution system to the outer wall of the customer's or former customer's dwelling. The company must repair all damage to exterior walls of the structure so as to prevent any damage resulting from the elements or other external sources.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.50—2-124.56)

A.

Service Interruptions. The company shall render efficient service, and make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. The company shall maintain a log and summary of all service interruptions.

B.

Furnishing of Complaint Instructions. The company shall furnish each subscriber at the time new service is installed, and at least once annually thereafter, written instructions that clearly set forth procedures, and furnish information concerning the procedures, for making inquiries regarding complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.60—2-124.62)

A.

Service Call Response Times. The company shall maintain a sufficient number of repair technicians and related support staff, equipment, and facilities to enable the company to respond to a customer request for service in all reasonably anticipated circumstances within the following time limitations:

1.

For Service Outages: response within three hours, including weekends and holidays, after the receipt of notice from customers meeting the minimum criteria of a service outage.

2.

For a Channel Outage: response within nine business hours after the receipt of a request for service from customers.

3.

For Poor Signal Quality: response within eighteen (18) business hours after the receipt of a request for repair and/or rectification of such poor signal quality.

B.

Service Call Scheduling.

1.

The company shall make appointments with subscribers for installation or service. A repeated pattern of failure to make or meet scheduled appointments, without adequate reason, shall be deemed a breach of the franchise.

2.

The company shall notice customers by mail, not less than once each year, of the customer's right to request an appointment within a specific four-hour block of time, and upon request of the customer, the company shall schedule an appointment accordingly, or

3.

The company may schedule a service call at any specific time during its business hours.

C.

Service Call Alternatives. In lieu of a service call, the company may arrange for the return and replacement of converters, remote controls and/or other company equipment through the use of parcel delivery services, COD parcel service, and/or postage pre-paid mailers at the sole cost of the company. The company may provide customers with the option of delivery and exchange of converters and other company equipment at specified locations of the company and/or its agents. The company shall disclose to its subscribers no less than once each year the availability of this service.

D.

Service Call Response Criteria. The company shall be deemed to have responded to a request for service or to the pre-cable condition reconnection requirement for the purposes of determining compliance with time limitations of this section when a qualified company technician arrives at the customer's location (or the site of the problem requiring correction if other than the customer's location) and begins work in response to the request at the time scheduled or during the four-hour block arranged with the customer, provided that the qualified company technician continues said work without cessation to completion and rectification to the extent reasonably possible. The service call shall be considered completed upon a determination that no service problem related in any way to company equipment remains to be remedied and that the signal quality meets or exceeds the guidelines set forth by the FCC. In the case of a customer not being home when the technician arrives, the technician will leave written notification of arrival; and the customer will be provided information on rescheduling the appointment. Two successive failures of the customer to be present at the appointed time shall excuse the company of the duty to respond.

E.

No Charge for Cable-Related Service Call. A customer shall not be charged for a service call unless the service request can be demonstrated by the company to be proximately caused by customer negligence or damage to the company equipment, and to be unrelated to the company's system or service.

F.

Force Majeure. The company shall not be excused from any provision of these standards by reason of any cause or excuse except for causes which are not reasonably foreseeable and totally beyond the control of the company and except with respect to causes which have not been contributed to or aggravated by acts or omissions by the company.

The following are examples of acts or omissions by the company or circumstances which shall be deemed not to be beyond the control of the company and which shall not constitute excuses or justifications for violations:

1.

The failure at any time by the company or its officers, agents or employees to exercise diligence in planning, organizing, arranging for or prosecuting the work of construction and installation, or in taking any other action necessary to permit or facilitate the work of construction and installation;

Unanticipated cost increases or insufficiency of capital with which to take actions necessary to comply or facilitate compliance with any of the terms, provisions and conditions of these standards;

3.

Considerations relating to economy or cost efficiency, as respects acts or omissions by a company;

4.

Delays occasioned by the failure of a company to diligently apply for and prosecute any request for a required certificate, approval or consent from the FCC;

5.

Delays occasioned by seasonal changes in weather or climatic conditions, such as rain (exclusive of catastrophic conditions in the nature of "acts of God"). (Rain delay shall not constitute an excuse or justification for violation except with respect to measurable precipitation occurring on more than fifty-nine (59) days during any period commencing July 1st and ending the next following June 30th; and only if such is the proximate cause of the violation.);

6.

Delays occasioned by the customary and usual time required to obtain approval to attach lines to poles owned by private or public utilities or in the attaching of cable to the poles; provided that if the company submits all plans and documentation required by private or public utility in connection with the approval to attach lines to poles, any time consumed by such approval process which is longer than one hundred fifty (150) calendar days following the submission of all necessary plans and documentation shall be deemed to excuse the company from any violations which are proximately caused by such delay in excess of one hundred fifty (150) calendar days;

7.

Delays occasioned by the customary and usual time required to process and secure approvals under zoning ordinances of the local jurisdiction for the location of components of the cable television system and other installations associated therewith, given the nature of the approval required and magnitude of the project.

Examples of circumstances beyond the control of the company which excuse the company from violation and being in breach of the terms, provisions and conditions of these standards, when such violations are caused solely thereby, include the following: strikes, acts of public enemies; orders by military authority or civil emergency authorities; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil disturbances; explosions; and partial or entire failure of utilities.

G.

Company Failure to Keep Appointment. For each failure of the company to meet any scheduled appointment within the parameters specified in this section with a customer who is available and present therefor, the company must offer the customer so affected, in the sole discretion of the customer after providing oral and/or written information on each of the options below:

1.

A credit to the customer's then current billing balance in an amount which is, at a minimum, equal to the then current rate for one month of basic service level; or

2.

With respect to service connection or repair appointments, an opportunity to elect to seek remedies under California Civil Code Section 1722, if applicable.

The company shall have the burden of establishing that its representative met the date and time period of the scheduled appointment and that the customer was not present or available. The company may discharge its obligation to provide information regarding Civil Code Section 1722 under subsection (G)(2) of this section by providing the customer with a written summary of the provisions thereof which has theretofore been reviewed as to form and content by the franchising authority. The customer shall not be deemed to have made an election unless and until the company shall demonstrate that it has informed the customer orally or in writing that, by his/her acceptance of the credit specified above, the customer shall have waived his/her remedies under the Civil Code for the missed appointment. Nothing in the foregoing shall be construed to limit the company's authority to offer a larger credit to customers than that specified, provided that the same amount of credit shall be offered to all similarly situated customers in any given period of time. Any credit or payment made to customers under this section shall be deemed a penalty for failure to meet the requirements of these standards and such expense shall not be passed through to customers in rates or charges for any reason.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.70—2-124.77)

A.

Credit for Outage. Upon a telephone or written request of a customer which is received by the company within seven business days asserting that the customer has experienced an outage which, if taken together with others could constitute a channel outage or service outage, has occurred, the company shall investigate and substantiate the cause of the outage or interruption. For outages which are not excused pursuant to Section 3.16.560 of this chapter, the company shall credit the customer's account in an amount equal to one day's proration of the total monthly charges to the customer for that month, exclusive of taxes, for each increment of twenty-four (24) hours or portion thereof in excess of the initial four hours of time of the outage of one or more channels.

B.

Refund Check Processing Time. In the event that a refund is due to a customer at the time of a service disconnection, such refund amount must be paid to the customer within thirty (30) business days after such disconnection provided that all equipment of the company shall have theretofore been returned.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.80—2-124.82)

A.

Billing Detail. Every company billing to a customer shall itemize separately each fee or charge comprising the total thereof for (a) each category of service, (b) charges by type of equipment, (c) any other fees to which a customer has agreed, and (d) all other fees, taxes or assessments billed to the customer. The bill must also specify:

1.

A due date for the payment thereof which is not less than twenty (20) days after the company mails the bill for service;

2.

The amount of the late charge, if any, which shall be imposed by the company for instruments of payment received after the due date;

3.

The closing date of the billing;

4.

The amount(s) of all payments and other credits applicable through the closing date.

B.

Late Charges. The company may impose the following:

1.

The company may impose a late charge equal to five percent of the amount of the billing or four dollars and seventy-five cents ($4.75), whichever is greater, or the amount otherwise permitted by law.

2.

A late charge may be assessed only once with respect to each billing.

3.

In the event the customer's nonpayment requires the company to make a service call to disconnect service, the customer may prevent disconnection of service by making full payment to the company's representative of all mounts then due and owing, plus a service fee not to exceed fifteen dollars ($15.00) to compensate the company for the service call.

C.

Deposits. In the event that the company retains any customer deposits, such deposits shall appear and be itemized on each billing to the customer after payment of the deposit. The deposit(s) shall accrue interest at a rate equal to the effective interest rate for new issues of one-year United States Treasury Bills, issued during the last week of October of each year. This interest rate rounded to the nearest percent, shall apply

to deposits held during the subsequent calendar year. Not less than annually on a calendar-year basis, the company shall post to the customer's monthly bill and itemize thereupon, or in a separate statement, the amount of the interest accrued upon the deposit(s) of customer during that year. If, at any time, the deposit is applied to an outstanding balance of a customer, the interest on the deposit shall be prorated.

D.

Involuntary Disconnection. The company shall not disconnect service to a customer for nonpayment of amounts due until the company has provided a written notice of its intent to do so to the customer. The notice shall be mailed no earlier than ten days after the due date, and at least fifteen (15) days in advance of the proposed disconnection. The notice shall specify, at a minimum, the following:

1.

The proposed date of disconnection of service;

2.

The total payment required and the date by which payment is required in order to avoid disconnection;

3.

The total amount in arrears, if that amount differs from the payment required to avoid disconnection; and

4.

The telephone number of a customer service representative authorized to explain, adjust, and resolve such proposed disconnection.

E.

Disconnection and Downgrade Fee Prohibited. The company shall not impose any fee or charge for:

1.

Complete disconnection of service; or

2.

Downgrading to lesser levels of service if such downgrading is accomplished solely by computer entry or similar simple method, and is requested within thirty (30) days after the company has given notice of a change in rates affecting the services theretofore received by the customer; or

3.

Downgrading from any new or additional level of service within thirty (30) days after the customer adds such level of service, provided that the company shall be obligated to provide only one such downgrade to each customer without charge per calendar year.

F.

Escrow Account. The company may, at its option, establish a supervised escrow account wherein a customer may be required to deposit the disputed portion of any charge pending final determination of the accuracy or legitimacy of that charge, provided that if a final determination as to the accuracy or legitimacy of the charge has not been completed within ninety (90) days from the date of the customer's deposit therein, any such deposit shall be returned to the customer notwithstanding the continuing pendency of the dispute resolution procedure. The nature, location, supervision, and other procedures relating to the use of such an escrow account are subject to the approval of the franchising authority.

G.

Customer Credit Reporting. The company may not disclose, refer, enter or cause or allow to be disclosed, referred or entered (referral), any negative report to any consumer credit reporting agency, association, or bureau relating to the payment performance of customer until the company has provided a written notice of its intent to do so to the customer. For purposes of this section, any comment or evaluation other than "as agreed" shall be deemed to be a "negative" report. The notice shall be mailed, separately from the customer's billing, at least seven business days in advance of the proposed referral, or, in the alternative, may be delivered personally at least five business days in advance of the referral. The notice shall specify, at a minimum, the following:

1.

The date and nature of the proposed referral;

2.

The total payment required to avoid referral;

3.

The total amount in arrears, if that amount differs from the payment required to avoid the referral;

4.

The telephone number of a customer service representative authorized to explain, adjust and resolve such proposed referral;

5.

The name, address, and company account number for each entity or agency to whom the company proposes to make such referral together with advisement that the customer is entitled to advise such entity or agency of the nature and circumstances of the dispute, if any, with respect to the amount and the proposed referral.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.90—2-124.97)

A.

Quality of Services. The overall quality of service provided by company to subscribers may be subject to evaluation by grantor, not less often than once annually, in conjunction with the annual review set forth in Section 3.16.270 of this chapter. In addition, company may evaluate the quality of service at any time, based upon the number of subscriber complaints received by the company and the franchising authority, and the company's response to those complaints. The franchising authority's evaluation that service quality is inadequate may result in a direction to company from the franchising authority to cure the inadequacies. The company shall commence corrective action within thirty (30) days after receipt of written notice. Failure to do so shall be deemed to be a breach of the franchise and subject to the remedies prescribed in Section 3.16.170 of this chapter. The franchising authority may utilize the performance bond and/or security fund of Sections 3.16.300 and 3.16.310 of this chapter, respectively to remedy any such franchise breach.

B.

Tenant Rights.

1.

It is the franchise authority's intent that tenants not be discriminated against in their ability to subscribe to cable services. The company shall be required to provide service to tenants, to individual units, or a multiple housing facility with all services offered to other dwelling units within the franchise area, so long as the owner of the facility consents in writing, if requested by the company, to the following:

a.

The company is providing the service to units of the facility; and

b.

Reasonable conditions and time for installation, maintenance, and inspection of the system on the facility premises; and

c.

Reasonable conditions promulgated by the company to protect the company's equipment and to encourage widespread use of the system; and

d.

No discrimination in rental charges, or otherwise, between tenants who receive cable service and those who do not; and

e.

Compensation, if any, to be paid by the company to landlord for occupation of the premises. (See Loretto v. Teleprompter, City of New York 458 U.S. 419.) Such compensation shill be rebuttably presumed to be a one-time charge of one dollar ($1.00) per dwelling unit.

The landlord's consent shall not be unreasonably withheld. Any dispute between the company and the landlord shall be submitted to the franchising authority administrator, or his/her designee, for administrative hearing and decision.

C.

Company Rules and Regulations. The company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligations under the franchise, and to assure an uninterrupted service to each and all of its customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions of this chapter or franchise agreement or applicable state and federal laws, rules and regulations.

D.

Rights of Individuals.

1.

The company shall not deny service, deny access, or otherwise discriminate against subscribers, PEG access, channel users, or general citizens on the basis of income, race, color, religion, national origin, age or sex. The company shall comply at all times with all other applicable federal, state and local laws and regulations, and all executive and administrative orders relating to nondiscrimination.

2.

The company shall strictly adhere to the equal employment opportunity requirements of federal, state and local law and regulations in effect on the date of the franchise grant, and as amended from time to time.

3.

The company's policy with regard to personally identifiable information shall be consistent with state and federal law.

E.

Fairness of Accessibility. The public areas of the system of the company shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the system, and no one shall be arbitrarily excluded from its use.

F.

Continuity of Service Mandatory.

1.

It shall be the right of all subscribers to continue service insofar as their financial and other obligations to the company are honored. In the event that the company elects to overbuild, rebuild, modify, or sell the

system, or the franchising authority gives notice of intent to terminate or fails to renew the franchise, the company shall act so as to ensure that all subscribers receive continuous, uninterrupted service.

2.

In the event of a change of franchisee, or in the event a new operator acquires the system, the company shall cooperate with the franchising authority, new franchisee or operator in maintaining continuity of service to all subscribers. During such period, the company shall be entitled to the revenues for any period during which it operates the system, and shall be entitled to reasonable costs for its services when it no longer operates the system.

3.

In the event company fails to operate the system for seven consecutive days without prior approval of the franchising authority or without just cause, the franchising authority may, at its option, operate the system or designate an operator until such time as the company restores services under conditions acceptable to the franchising authority or until a permanent operator is selected. If the franchising authority is required to fulfill this obligation for the company, then during such period as the franchising authority fulfills such obligation, the franchising authority shall be entitled to collect all revenues from the system, and the

company shall reimburse the franchising authority for all reasonable costs or damages in excess of the revenues collected by the franchising authority that are the result of the company's failure to perform.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.100—2-124.106)

A.

General Rate and Programming Disclosure. The company shall provide each customer at the times and in the circumstances specified in these standards with a general rate and programming disclosure (disclosure). The disclosure shall contain at a minimum:

1.

All of the programming bundling, tiers and combinations, equipment, and services currently available pursuant to the company's obligations to provide uniform service and rates (and subject to lawful exceptions thereto, such as limited time promotional offers), and the rates and charges which apply thereto, including without limitation all installation charges, provided that in the event of a notification of a change in rates, charges and fees, the disclosure shall disclose both the current rates and the proposed future rates in a form suitable for comparison of those rates;

2.

The amount(s) and basis of any required deposit(s) and the company's detailed policies and procedures relating to deductions or offsets therefrom;

3.

The company's toll-free telephone number, office hours, street address and mailing address, including without limitation, the address(es) to which complaints and inquiries may be directed and a telephone number;

4.

The company's general billing policies and complaint resolution procedures;

5.

The full extent of the customer's liability for company equipment in the event of loss, damage, or destruction thereof;

6.

The charges imposed by the company related to a customer's account, including without limitation fees and charges for returned checks, and late charges;

7.

Notification of the customer's right to downgrade or disconnect service pursuant to these standards without charge;

8.

The customer's right to refer problems, inquiries, or complaints to the franchising authority at its designated address and telephone number and to request complete copies of these standards from the franchising authority.

B.

When Disclosure Required. The company shall provide each affected customer with the disclosure at each of the following times and circumstances:

1.

Prior to any binding agreement for the provision of initial cable service to the customer by the company;

2.

Upon request of any customer at any time;

3.

In any event, not less than once every twelve (12) months to each customer.

C.

Employee Identification. All company representatives dealing with the public shall have, and prominently display at all times, identification badges identifying the company, and the representative's name with a current picture to authenticate the representative's identity and affiliation.

D.

Proration in Event of Downgrade or Disconnection in Response to Disclosure. In the event that a customer should elect to downgrade services or disconnect within thirty (30) days following mailing of a disclosure in connection with a change in rates, charges, and fees or a change in programming, any proration of charges to the time of downgrade or disconnect shall be at the levels of rates, charges, and fees existing prior to the issuance of the disclosure.

E.

Complaint Procedures. Within ninety (90) days after the effective date of these standards, the company shall file with the franchising authority a copy of its written procedures for receiving, acting upon, and resolving customer complaints. The procedures shall prescribe the manner in which a customer may submit a complaint and the time within which the company commits to investigate and resolve such complaints.

F.

Format. Each billing and notice provided to subscribers shall contain notification that, upon reasonable request by a subscriber, all notices will be provided to that subscriber in type of at least twelve (12) points in size. Failure to provide such notification shall not affect the validity of any notices given nor the customer's obligation to pay for services received.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.110—2-124.116)

• 3.16.610 - Logs and reporting.

A.

Promotional Material. The company shall retain for at least two years, and furnish to the franchising authority upon request, copies of all promotional material distributed by the company to customers, including that material circulated by means of newspapers and/or magazines of general circulation.

B.

Company's Filing of Documents and Disclosure. The company shall file with the franchising authority a copy of all of its written documentation which will be presented to and executed by customers, including without limitation the general rate and programming disclosure form, excepting promotional material. The foregoing documents and the disclosure shall be subject to the reasonable review of the franchising authority as to form, and the company shall exert its best efforts to ensure the material is provided to the franchising authority in sufficient time to permit such review.

C.

Service Request Record. The company shall maintain for two years a written record (or, at the option of the company, an equivalent stored on magnetic media capable of reproduction in printed form by the company) of all customer requests which result in a service call, including the name of the caller (or account name), date, and the date and time of the company's response, and a brief (or coded) description of the problem reported and resolved.

D.

Installation Record. The company shall maintain for two years a written record (or an equivalent stored on magnetic media capable of reproduction in printed form by the company of all requests for installation (and/or work orders related thereto), including the date of the request and the time and date of actual service activation.

E.

Telephone Reporting. Not later than the first day of February, May, August, and November of each year, the company shall provide the franchising authority with telephone usage reports, in a form approved by the franchising authority, detailing its telephone response statistics. These reports shall include the results during the previous quarter for busy signals and telephone response time. The general manager of the company shall certify to the franchising authority the accuracy of the statistics and the company's compliance or noncompliance with the telephone response standards of these standards.

F.

Response to Franchising Authority Inquiry. The franchising authority may, from time to time, make inquiry of the company regarding the company's response to particular inquiries and complaints of customers who have contacted the franchising authority. In such instances, the company shall respond to the franchising authority staff within six business days from receipt of the franchising authority inquiry with the date, time, and nature of the company's prior responses to the customer and the company's then-current position relative to resolution of the customer's inquiry and/or complaint.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.120—2-124.126)

A.

Informal Resolution. In the event that the company shall fail, refuse, or neglect to comply fully with the requirements of these standards, the franchising authority shall, except in instances in which time is of the essence in obtaining the company's compliance and/or the franchising authority determines that such efforts would be futile, attempt informal resolution and rectification of the company's noncompliance. Said informal resolution efforts shall be initiated by the franchising authority's general statement of the alleged violations under investigation and the general nature of the evidence then known to the franchising authority. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchising authority or its designee in any subsequent enforcement hearing, as set forth herein, shall not be limited or abridged by reason of the presentment or nonpresentment or recitation or nonrecitation of such evidence in the course of the informal resolution efforts.

B.

Franchising Authority Preference for Cure. To the extent reasonably consistent with the goal of obtaining compliance with these standards, it shall be the policy of the franchising authority to notify the company of a possible or alleged violation and, if said violation is then curable, allow a reasonable time for the company to cure the possible or alleged violation. If the company does so cure, in the absence of aggravating

circumstances, it shall be the preference of the franchising authority to abstain from further enforcement action. For purposes of this section, "aggravating circumstances" shall include, but are not limited to, the willful nature of the violation, the length of time the violation has persisted, the seriousness of the violation, and the number of subscribers affected by the violation.

C.

Determination of Probable Cause for Enforcement Hearing. In the event that the informal efforts at resolution are ineffective or otherwise inappropriate, the franchising authority may notice the company to meet with the franchising authority on not less than ten days' notice to determine whether or not probable cause exists to believe that the company has failed, neglected or refused to comply with the provisions of these standards.

The probable cause determination shall be initiated by the franchising authority's general statement of the alleged violations under investigation and the general nature of the evidence then known to the franchising authority. The franchising authority shall disclose to the company all such evidence in its possession which demonstrates that the company has failed, neglected or refused to comply with the provisions of these standards. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchising authority in any subsequent enforcement hearing pursuant to this section shall not be limited or abridged by reason of the presentment or presentment or recitation or nonrecitation of such evidence in the course of the probable cause determination. The company, however, shall put forth all relevant evidence at this meeting with the franchising authority in order to permit franchising authority to make an informed determination on the existence of probable cause to believe that the company has failed, neglected or refused to comply with the provisions of these standards, and nonpresentment or nonrecitation by the company of such evidence may result in the franchising authority and/or hearing officer limiting or denying admissibility of such evidence by the company at any subsequent enforcement hearing.

D.

Enforcement Hearing. Upon a determination by the franchising authority, pursuant to the provisions of this section that probable cause exists to believe that the company has failed, neglected, or refused to comply with the provisions of these standards, the franchising authority may hold such hearings, conduct such procedures, and impose such remedies as are authorized by these standards.

E.

Conduct of Enforcement Hearing. The hearing may be conducted either by the governing body of the franchising authority or, at the sole discretion of the governing body of the franchising authority, by a hearing officer appointed by the governing body to conduct the hearing.

F.

Selection of Hearing Officer. If the matter shall be referred to a hearing officer, such hearing officer shall be selected from a listing of neutral, unaffiliated candidates provided by the American Arbitration Association (AAA) in San Francisco, California. From the listing provided, each party shall have ten business days to select three candidates as potential hearing officers. The final selection of the person who will serve as hearing officer will be made by AAA. Any such hearing officer shall be an attorney licensed to practice

under the laws of the state of California. The cost of providing quarters for the hearing, fees charged by AAA, the compensation and expenses for the hearing officer, if any, and the per diem cost of any reporter retained to record the proceedings shall be borne equally by the company and the franchising authority. The costs incurred by the parties for attorney's fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs.

G.

Burden of Proof at Enforcement Hearing. At any hearing conducted as set forth herein, a designee of the franchising authority shall put forth evidence showing the alleged failure, neglect or refusal to comply with these standards, and shall have the burden of establishing such violation to the satisfaction of the franchising authority or the hearing officer by a preponderance of the evidence. The company may present such evidence, consistent with the provisions of this section, as it may desire.

H.

Conduct of the Enforcement Hearing. All witnesses testifying at the hearing shall be sworn. Witnesses shall be subject to direct and cross-examination. However, formal rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this state shall apply to evidence adduced at the hearing only

to the extent that such rules are reasonably necessary to the preservation of the probative nature of the evidence proffered. The provisions of the Administrative Procedure Act, commencing at Section 11500 of the California Government Code or any successor legislative enactment, shall not be applicable to any such hearing. The hearing may be continued from time to time. Either party may maintain a substantially verbatim record, by means of court reporter or audio or video tape recording. Unless otherwise agreed by the parties, the party requesting the record shall bear the cost thereof.

I.

Recommended Decision of Hearing Officer. If the hearing is conducted by a hearing officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the clerk of the governing body of the franchising authority and mailed to the parties not later than thirty (30) calendar days after conclusion of the hearing. The verbatim record, if such was maintained as permitted herein, shall be made available to the parties, provided that, absent agreement of the parties to the contrary, nothing contained herein shall obligate either party to obtain a written transcript of the record of the hearing. Upon receipt of such a recommended decision, the governing body may, without a hearing, except as otherwise required below, either:

1.

Adopt the recommended decision, including findings of fact and conclusion submitted by the hearing officer; or

2.

Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised; or

3.

Based upon the record of the hearing, modify the findings of fact, conclusions or decision, and adopt the recommended decision as so revised; or

4.

Reject the recommended decision and conduct a new hearing before a hearing officer provided at the franchising authority's expense.

The franchising authority shall allow a reasonable time to receive comments upon and objections to the recommended decision of the hearing officer from the company. If the franchising authority acts under either subsections (I)(2) or (3) of this section, the franchising authority shall set forth clearly its rationale and grounds for so doing and shall allow representatives of the company a reasonable time to summarize the views of the company upon the evidence and as to the proposed action.

J.

Decision by Franchising Authority. If the hearing is conducted by the governing body of the franchising authority, upon conclusion of the hearing, the governing body shall adopt a decision which includes findings of fact and conclusions.

K.

Monetary Sanctions as Remedies. Remedies which may be imposed for a violation of an order of the franchising authority issued pursuant to these standards shall include, but not be limited to, the monetary sanctions established by these standards. The monetary sanctions established by these standards shall be construed as police power impositions pursuant to the franchising authority's exercise of constitutional police power pursuant to the franchising authority's franchising ordinance.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.130—2-124.141)

A.

Monetary Sanctions. Upon the finding, after a noticed hearing conducted pursuant to Section 3.16.620 of this chapter, of a violation of any order of the franchising authority issued pursuant to this chapter at the conclusion of a noticed hearing pursuant to Section 3.16.620, the franchising authority may impose monetary sanctions for each such violation so found, not to exceed the amount(s) set forth for the violation of the applicable provision(s) as set forth herein.

B.

Conscious Violation. A conscious violation is any failure, neglect or refusal of the company to materially comply with any order issued pursuant to these standards under such circumstances as to indicate:

1.

A conscious policy of noncompliance with the requirements thereof, or

2.

A conscious lack of a policy of compliance with the requirements thereof. A prior finding of a violation under this section for substantially the same or similar conduct, shall create a rebuttable presumption of conscious action or inaction on the part of the company. For each such violation, the franchising authority may impose a monetary sanction in an amount not to exceed fifty thousand dollars ($50,000.00), and in an additional like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify such violation beginning thirty (30) calendar days after written notice thereof from the franchising authority to the company.

C.

Inadvertent Subscriber Violation. An inadvertent subscriber violation is any failure, neglect, or refusal of the company to comply with the requirements of an order issued under these standards as to its obligations hereunder in relation to one or more subscribers under such circumstances as do not indicate a pattern of behavior by the company in derogation of the referenced requirement. For each such violation, the franchising authority may impose a monetary sanction:

1.

In an amount not to exceed two hundred dollars ($200.00) for each such subscriber and ten thousand dollars ($10,000.00) in cumulation of the violations as to all such subscribers resulting from any substantially continuous behavior, act or omission, and

2.

In an additional like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify such violation beginning thirty (30) days after written notice thereof from the franchising authority to the company. In any proceeding relating to an alleged violation of Section 3.16.600(A)(1), (2) or (5) of this chapter with respect to any particular subscriber, the company shall be conclusively presumed to have provided such disclosure if it shall produce a writing, in a form approved by the franchising authority pursuant to Section 3.16.610B, signed or initialed by the subscriber evidencing acknowledgment of receipt of the disclosure.

D.

Inadvertent Company Violation. An inadvertent company violation is any failure, neglect, or refusal of the company to materially comply with the requirements of an order issued pursuant to these standards with respect to the company in relation to the franchising authority. For each such violation of any order issued under these standards by the franchising authority, the franchising authority may impose a monetary sanction in an amount not to exceed ten thousand dollars ($10,000.00) and in an additional like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify such violation beginning thirty (30) calendar days after written notice thereof from the franchising authority to the company.

E.

Repeated Violation Enhancements. The maximum amount(s) specified for a conscious violation shall be doubled for the second violation under that section for substantially the same or similar conduct occurring within any given forty-eight (48) month period and shall be quintupled for the third violation under that section for substantially the same or similar conduct occurring within any given forty-eight (48) month period provided that, in the event that, subsequent to the imposition and collection of an enhanced sanction under this section, a prior violation providing, in whole or in part, the basis for such an enhancement shall be invalidated, the portion of the sanction theretofore collected which is attributable to the invalidated prior violation shall be refunded and/or otherwise offset. Nothing in the foregoing shall be deemed to preclude imposition of enhanced sanctions by the franchising authority upon the basis of prior violations which are then pending judicial challenge by the company.

F.

Alternative Remedies. Neither monetary sanctions imposed hereunder nor any order issued by the franchising authority related hereto shall be deemed to bar or otherwise limit the right of the franchising authority to obtain judicial enforcement of the company's obligations by means of specific performance, injunctive relief, mandate, or other remedies at law or in equity, other than monetary damages.

G.

Refunds or Credits. The franchising authority may, in its sole discretion, denominate any monetary sanctions imposed pursuant to this section on a per-subscriber basis or on a total-dollar basis, provided that the total of any such monetary sanctions imposed for any single violation shall not exceed the totals provided therefor herein. Such monetary sanctions may be levied, in the sole discretion of the franchising authority, in the form of refunds or credits to subscribers. Any credit or refund made to customers under these standards shall be deemed a penalty for failure to meet the requirements of these standards and such cost shall not be passed through to customers in rates or charges for any reason.

1.

All refunds owing by company to subscribers shall be paid by the company to affected subscribers by direct payment or credited to the subscriber's bill within sixty (60) calendar days from the date of the determination that refunds are due or levy of the sanction so designated.

2.

Trust Account. If, after reasonable and diligent efforts to make payments of moneys refundable to subscribers the company is unable to effectuate such payments for any reason, the company shall establish a trust account and deposit to it the actual payment of moneys refundable to subscribers or former subscribers who cannot be located any payment effectuated. Any interest earned on such moneys shall be credited to the trust account.

3.

Distributions from Trust Account. All moneys which have been on deposit in the trust account for a period of six months or longer, including interest thereon, shall be returned to the franchise authority on December 31st of each year.

H.

Factors Considered. In establishing the amount of any penalty or assessment within the ranges specified in this section, the franchising authority shall consider factors including, but not limited to, the following:

1.

The materiality of the violation;

2.

Whether the violation resulted from an intentional act, a conscious and affirmative act, active negligence, passive negligence, or inadvertence;

3.

The number of subscribers affected by the violation;

4.

The duration of the violation;

5.

The nature and extent of the services impacted by the violation;

6.

The degree of control the company exercised, or failed to exercise, over circumstances which resulted in the violation (even if such circumstances would constitute force majeure as that term is defined in these regulations);

7.

Whether the company has attempted in good faith to cure the violation;

8.

Whether the violation has occurred in the past.

I.

Failure to Enforce. Failure of the franchising authority to enforce any requirements set forth herein of a company's franchise or any other applicable ordinance or law shall not constitute a waiver of the franchise authority's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.150—2-124.159)

A.

The franchising authority hereby adopts and incorporates by reference FCC regulations implementing the Cable Act of 1992, and California statutes and regulations relating to cable television services. In the event of any conflict between these standards, the federal and/or California provisions, the regulation with the highest standard shall apply. In the event any provision of these standards shall be invalidated for any reason or cause, all remaining portions shall be deemed severed therefrom and shall remain in full force and effect thereafter.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.160, 2-124.161)

A.

Amendment. These standards may be amended by majority vote of the franchising authority's governing board only after public proceedings on such amendment(s).

B.

Further Administrative or Judicial Review. Nothing contained in these standards is intended to foreclose, delimit or otherwise restrain the rights of the company to obtain such administrative review or judicial review as may otherwise be available to it, provided that the decisions of the franchising authority shall be accorded the maximum deference allowed by law.

The company shall have the right to challenge the validity of these standards only by reason of changes of law occurring after the effective date of the agreement by which the company accepts the obligations of the franchise by which these standards are made applicable to the company.

Notwithstanding the foregoing, the decisions, determinations and orders of the franchising authority hereunder shall be deemed to be quasi-legislative actions which may be set aside only if they are found to be arbitrary, capricious or entirely lacking in evidentiary support.

(Ord. 96-87 § 3 (part): prior code §§ 2-124.170—2-124.172)