Butte County Municipal Code Ch. 47 Video Customer Service Regulations for Local Franchise Agreements

This chapter is enacted by the board of supervisors pursuant to the authority granted to it by: Article I, Section 1 of the Butte County Charter; Article XI, Section 7 of the California Constitution. The regulations herein may be cited as the "customer service regulations" and shall apply only to video services provided by video providers under a local franchise agreement.

(Ord. No. 3758, § 1, 8-28-2001; Ord. No. 3974, § 3, 1-8-08)

The definitions set forth below shall apply to this chapter.

47-2.01. "Adequate staffing" as used herein means that sufficient customer service representatives are available to respond to customer inquiries within the required telephone answer time hereunder.

47-2.02 "Basic service level" as used herein means any service tier which includes the retransmission of local television broadcast signal.

47-2.03 "Business day" as used herein means any day which is not a Sunday and not a designated state or federal holiday.

47-2.04 "Business hours" as used herein means a nine (9) hour period on any business day that falls on any weekday (Monday through Friday) and a five (5) hour period on any Saturday.

47-2.05 "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 (10) customers or otherwise confirmed by the company but which is not a service outage.

47-2.06 "Channel positioning" as used herein means the cable system channel number on which various programming is located and to which customer equipment is set for the reception of said programming.

47-2.07 "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.

47-2.08 "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.

47-2.09 "Company" as used herein means any person or entity which constructs and/or operates a cable television system which occupies in whole or any 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 (Cal. Govt. Code §§ 53038 et seq.), provided that no failure, refusal or neglect on the part of the franchise authority to enforce the provisions hereof against such video providers who are not franchisees or licensees of the franchise authority shall be a defense or mitigation to any degree whatever to any enforcement by the franchise authority against such franchisees and/or licensees.

47-2.10 "Customer" as used herein means any person in a building comprising four (4) or fewer residential units utilizing video cable service 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."

47-2.11 "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.

47-2.12 "Deposit" as used herein means all amounts paid by a customer which are not credited to a current charge otherwise attributable to customer within ten (10) business days after receipt thereof.

47-2.13 "Downgrade" as used herein means a change, deletion, and/or modification of a customer's 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.

47-2.14 "Due date" as used herein means the date of a business day not less than ten (10) days after the inception of the period of cable television service for which the billing is being made by which date payment of the billing is due.

47-2.15 "Franchise authority" as used herein means the county of Butte, or the county of Butte's designee, as it is empowered 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.

47-2.16 "Instrument of payment" as used herein means any means by which a customer makes payment to the company, including without limitation cash, check, draft, money order or electronic funds transfer.

47-2.17 "Person" as used herein means any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.

47-2.18 "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.

47-2.19 "Pre-cable condition" as used herein means the array and inter-connection of the customer's equipment, including without limitation connection to interior and/or exterior antenna as the customer'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.

47-2.20 "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.

47-2.21 "Service center" as used herein means a fixed location where customers and potential customers may conduct business with the company.

47-2.22 "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 (10) customers or otherwise confirmed by the company within a given geographical area defined by the company of not less than one-half (½) square mile.

47-2.23 "Standard installation" as used herein means that active cable is in the easement within one hundred twenty-five (125) feet or such greater distance and circumstance as is defined as a "standard installation" in the company's franchise agreement with the franchise authority.

47-2.24 "Telephone answer time" as used herein means that period of time from the first ring to the company 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 or potential customer the opportunity to select from the menu of options shall not be considered answering the call within the meaning of these regulations.

47-2.25 "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.

47-2.26 "Video provider" as used herein means a video provider as defined in California Government Code § 53088.1(a) and California Business and Professions Code § 22770(b), as said definitions may be amended from time to time.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall provide a service center located within the boundaries of the county with adequate staffing to serve the public and customers not less than eight (8) hours per Monday through Friday business day and for not less than an additional five (5) hours between the hours of 5 p.m. on Friday and 8 a.m. on the following Monday, and to provide at least the following services to customers and potential 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 installation, service or technical calls.

(Ord. No. 3758, § 1, 8-28-2001)

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.

(Ord. No. 3758, § 1, 8-28-2001)

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; this requirement shall be attained not less than ninety (90) percent of the time when measured on a quarterly basis. 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; this requirement shall be attained not less than ninety (90) percent of the time when measured on a quarterly basis. Under normal operating conditions during business hours, busy signals shall not occur more than three (3) percent of the time; this requirement shall be attained not less than ninety (90) percent of the time when measured on a quarterly basis. In the event that the company's existing telephone equipment shall not be sufficiently sophisticated in capability to record, recall and report data as to compliance with the foregoing, the company shall, within one (1) year of the effective date hereof, submit a plan of compliance ("telephone compliance plan") to the franchise authority for approval which shall provide: (1) a period of time within which the company shall acquire equipment of sufficient technical sophistication to record, recall and report such data, (2) assurance that the company will not, in the interim, acquire any additional equipment which is not capable of such recording, recalling and reporting, and (3) the company will, in the interim, undertake reasonable objective sampling observations of its telephone service to estimate its compliance with the foregoing standards and report the results of that sampling to the franchise authority. The telephone compliance plan shall be subject to the reasonable approval of the franchise authority.

(Ord. No. 3758, § 1, 8-28-2001)

The company may elect to resolve complaints of customers regarding the handling and or resolution of their matters by customer service representatives in one of the two following ways, depending upon its organizational structure.

(1) If the company elects an organizational structure which does not allow customers to speak with customer service supervisors, and a customer requests to speak with a customer service supervisor or otherwise evidences dissatisfaction with the handling and/or resolution of the customer's matter by the customer service representative, the customer service representative shall orally advise the customer of the customer's right to file a written complaint regarding the handling and/or resolution of the customer's matter by the customer service representative with the company and/or with the franchise authority, offer to provide the customer with a form devised by the company for that purpose and, upon request of the customer so provide that form.

(2) If the company elects an organizational structure which does allow customers to speak with customer service supervisors, and if a customer requests to speak with a customer service supervisor or otherwise evidences dissatisfaction with the handling and/or resolution of the customer's matter by the customer service representative and no customer service supervisor 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 (1) 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.

(Ord. No. 3758, § 1, 8-28-2001)

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.

(Ord. No. 3758, § 1, 8-28-2001)

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 franchise authority. Numbers that are inadvertently omitted by the company shall be inserted in the next available publishing schedule of the directories.

(Ord. No. 3758, § 1, 8-28-2001)

Telephone number(s) and address(es) of the franchise authority shall be listed conspicuously on all customer bills.

(Ord. No. 3758, § 1, 8-28-2001)

All standard installations shall be performed within seven (7) 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 (7) business day period. This requirement shall be met with regard to at least ninety-five (95) percent of all such installations, measured on a quarterly basis.

(Ord. No. 3758, § 1, 8-28-2001)

The customer shall have the right to disconnect service at any time. In the instance of a voluntary disconnection, cessation of billing shall be effective upon the earlier of:

(1) The business day the customer makes the request, if the customer has no company-owned equipment, or

(2) The business day the customer returns all company-owned converters and other equipment to the company or one of its approved agents, or

(3) The day of an appointment, mutually scheduled as between the company and the customer, at which the company retrieves all company-owned equipment that is in the customer's possession.

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 pre-cable 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 (7) business days following the customer's request for disconnection.

c. Should the customer, after advisement of the effect of such a request a scheduled pick-up of equipment beyond the aforesaid seven (7) 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 seven (7) business 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 company shall:

(1) Provide the customer with a credit in the amount specified by Section 47-20(1) below, and

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

(3) 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.

(Ord. No. 3758, § 1, 8-28-2001)

With respect to voluntary disconnections pursuant to the preceding section, 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 Section 47-11 above.

(Ord. No. 3758, § 1, 8-28-2001)

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. No. 3758, § 1, 8-28-2001)

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 (3) 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 (9) 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.

(Ord. No. 3758, § 1, 8-28-2001)

(1) The company shall offer customers not less than three (3) "appointment window" alternatives for service call appointments (as necessary to meet customer convenience), each of which shall not exceed a specific four (4) hour time block, and upon request of the customer, the company shall schedule an appointment accordingly, or

(2) The company may schedule a service call at any other time during its business hours if acceptable to customer.

(Ord. No. 3758, § 1, 8-28-2001)

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 customers no less than once each year the availability of this service.

(Ord. No. 3758, § 1, 8-28-2001)

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. Moreover, the company shall be excused from responding at the agreed-upon time for a service call, if the customer does not answer at least one of two telephone calls placed by the company at least ten (10) minutes apart during the "appointment window" agreed-upon with the customer, provided that (a) the customer was told, during the telephone conversation in which the agreed-upon window was selected, that the company would make two such telephone calls prior to arrival of the company's representative, and (b) the company has retained records generated by a third-party of the two calls to the customer during the "appointment window."

(Ord. No. 3758, § 1, 8-28-2001)

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 due to the failure of the customer to reasonably protect the company-owned equipment (e.g. dog chewing, etc), and to be unrelated to the company's system or service.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall not be excused from any provision of these regulations by reason of any cause or excuse except for causes which are not reasonably foreseeable and which are beyond the control of the company. Causes which have not been contributed to or aggravated by acts or omissions by the company shall only be excused to the extent company's acts or omissions did not contribute to the lack of compliance.

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;

(2) 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 Regulations;

(3) Considerations relating to economy or cost efficiency, as respects acts or omissions by the company;

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

(5) 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 that provided by CPUC Decision 98-10-05 Appendix A, Sections III and IV shall be deemed to excuse the company from any violations which are proximately caused by such delay in excess of the periods provided therein.

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 regulations, to the extent and only to the extent that such violations are caused 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/or partial or entire failure of utilities.

(Ord. No. 3758, § 1, 8-28-2001)

For each otherwise unexcused failure of the company to meet any scheduled appointment within the parameters specified in Sections 47-14 through 47-18 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 of not less than twenty dollars ($20.00), (provided that the company may, in its discretion, substitute other credits of reasonably comparable value); 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 (2) above by providing the customer with a written summary of the provisions thereof which has theretofore been reviewed as to form and content by the franchise 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 regulations and such expense shall not be passed through to customers in rates or charges for any reason.

In addition to the foregoing, the company shall establish the next succeeding service call at a specific date and time agreed to the company and the customer.

(Ord. No. 3758, § 1, 8-28-2001)

Upon a telephone or written request of a customer which is received by the company within seven (7) 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 47-19 above, the company shall credit the customer's account in an amount equal to one (1) 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 (4) hours of time of the outage of one or more channels.

(Ord. No. 3758, § 1, 8-28-2001)

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. No. 3758, § 1, 8-28-2001)

Every company billing to a customer shall be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. The bill must also specify:

(1) A due date for the payment thereof which is not less than ten (10) days after the inception of the period of cable television service for which the billing is being made. In the case of a delinquent account, the due date may be listed as "on receipt";

(2) The closing date of the billing;

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

Accounts which may be subject to the following charges shall also include the following on their bills:

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

(5) The amount of any additional fee, if applicable, which may be imposed by the company in connection with any field collection efforts.

(Ord. No. 3758, § 1, 8-28-2001)

No late charge may be imposed on any contract or account except in strict compliance Cal. Govt. Code § 53088.

(Ord. No. 3758, § 1, 8-28-2001)

In the event that the company retains any customer deposits, said 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 all deposits held during the subsequent calendar year. If, at any time, the deposit is applied to an outstanding balance of a customer, the interest on the deposit shall be prorated.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall not disconnect service to a customer for non-payment 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, including any permissible late charge pursuant to section 47-24 above;

(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.

In the event that the company's system is incapable of disconnecting or interrupting the customer's cable television service by remote action of the company at the head-end and that a service call is necessary to the customer's location to effect such an involuntary disconnection, the company may impose a disconnection fee ("Disconnection Fee") not in excess of ten dollars ($10.00) in addition to the late charge permitted by section 47-24 above, provided that the amount and circumstances of imposition of the collection fee shall have theretofore been disclosed to the customer in the billing detail pursuant to section 47-23 above, in the notice of intent to involuntarily disconnect pursuant to this section and in the general rate and programming disclosure pursuant to section 47-30 et seq. Such a disconnection fee may not be imposed in any other circumstances other than those specified in this section. Nothing in the foregoing shall be deemed to preclude the company from assessing a field collection fee pursuant to Cal. Govt. Code § 53088.7(b).

(Ord. No. 3758, § 1, 8-28-2001)

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 if the service was ordered by the customer as a result of a telephone solicitation, provided that the company shall be obligated to provide only one such downgrade to each customer without charge.

(Ord. No. 3758, § 1, 8-28-2001)

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 franchise authority.

(Ord. No. 3758, § 1, 8-28-2001)

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 it "negative" report. The notice shall be mailed, separately from the customer's billing, at least seven (7) business days in advance of the proposed referral, or, in the alternative, may be delivered personally at least five (5) 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 and address of each entity or agency to whom the company proposes to make such referral together with advisement that the customer is enTitled to advise said entity or agency of the nature and circumstances of the dispute, if any, with respect to said amount and the proposed referral.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall provide each customer at the times and in the circumstances specified in these regulations with a general rate and programming disclosure ("GRP disclosure"). The GRP 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;

(2) The channel positioning of all programming bundling, tiers and combinations, and custom channel positioning, currently available pursuant to the company's obligations to provide uniform service and rates, public access and leased access to cable facilities (and subject to lawful exceptions thereto, such as limited time promotional offers).

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

(4) 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,

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

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

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

(8) Notification of the customer's right to downgrade or disconnect service pursuant to these regulations without charge;

(9) The customer's right to refer problems, inquiries or complaints to the franchise authority at its designated address and telephone number and to request complete copies of these Regulations from the franchise authority;

(10) The customer's or potential customer's right to an installation within seven (7) business days pursuant to the provisions of section 47-10 above;

(11) The customer's right to a service call appointment within a selection of "appointment windows" pursuant to the provisions of section 47-15 above; and

(12) Notification to the customer that delivery of a GRP disclosure precedes any binding obligation in any amount by the customer for the services or equipment to be provided and that the customer retains the right to rescind, reject, or modify any earlier incremental service or equipment request which was not accompanied by a GRP disclosure identifying the costs relating thereto at the time of obligation.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall provide each affected customer with the GRP 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 (except for those agreements which were entered into by the customer prior to the effective date hereof);

(2) Upon request of any customer at any time;

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

(Ord. No. 3758, § 1, 8-28-2001)

The company shall provide each customer at the times and in the circumstances specified in these regulations with a change in rate and/or programming disclosure ("CRP Disclosure"). The CRP 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 relevant change of service fees, 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 channel positioning of all programming bundling, tiers and combinations, and custom channel positioning, 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), public access and leased access to cable facilities, including without limitation all changes in channel positioning and availability, provided that in the event of a notification of a change in channel positioning, the disclosure shall disclose both the current availability and placement and the proposed future positioning in a form suitable for comparison of channels.

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

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

(Ord. No. 3758, § 1, 8-28-2001)

The company shall provide each affected customer with the CRP disclosure at each of the following times and circumstances:

(1) Upon any change in rates, charges and fees which raises the net monthly cost to the customer of any given programming service, bundle, tier , equipment, or service (or any combination thereof) provided by the company to that customer by at least five (5) percent. This shall include, but not be limited to changes to the pricing of any programming bundle, tier or combination of channels. The notice shall include both the current rates and the proposed rates in a form suitable for comparison of those rates.

(2) Any transfer of one (1) or more channel(s) from one programming bundle, tier or combination of channels to another programming bundle, tier or combination of channels.

(3) Upon any substantial change in channel positioning by the company which shall include, but not be limited to the following:

(a) Any transposition or movement of the channel positioning of any combination of six (6) channels within any ninety (90) day period.

(b) Any transposition or movement of the channel positioning of one (1) or more channels where the move transfers any channel from a channel positioning which permits reception with any customer's television to a channel positioning which requires an independent device for reception on any customer's television.

(c) Any movement of the channel positioning of one (1) or more channels such that it increases the cost to the subscriber to receive that channel in any way, including without limitation the cost of an independent device necessary to receive the channel.

(Ord. No. 3758, § 1, 8-28-2001)

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.

(Ord. No. 3758, § 1, 8-28-2001)

In the event that a customer should elect to downgrade services or disconnect within thirty (30) days following mailing of a CRP 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 CRP disclosure.

(Ord. No. 3758, § 1, 8-28-2001)

Within six (6) months after the effective date of these regulations, the company shall file with the franchise 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 and, in the event the company has elected an organizational structure which does not allow customers to speak with customer service supervisors, the procedures shall prescribe the manner in which a customer may file a written complaint regarding the handling and/or resolution of the customer's matter by the customer service representative with the company and/or with the franchise authority and the time within which the company commits to investigate and resolve such complaints.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall retain for at least one year, and furnish to the franchise 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.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall file with the franchise authority a copy of all of its written documentation that will be presented to and executed by customers, including without limitation the GRP Disclosure and the CRP disclosure forms, excepting promotional material.

(Ord. No. 3758, § 1, 8-28-2001)

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.

(Ord. No. 3758, § 1, 8-28-2001)

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.

(Ord. No. 3758, § 1, 8-28-2001)

Except as otherwise provided by a telephone compliance plan for the applicable period theretofore approved by the franchise authority pursuant to section 47-5 above, not later than the first day of February, May, August, and November of each year, the company shall provide the franchise authority with telephone usage reports, in a form reasonably approved by the franchise authority, detailing its telephone response statistics. These reports shall include the results during the previous quarter for busy signals and telephone response rime. The general manager of the company shall certify to the franchise authority the accuracy of the statistics and the company's compliance or noncompliance with the telephone response standards of these regulations.

(Ord. No. 3758, § 1, 8-28-2001)

The franchise 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 franchise authority. In such instances, the company shall respond to the franchise authority staff within six (6) business days from receipt of the franchise 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. While the company's responses are subject to the privacy restrictions of Section 631 of the Cable Act (47 U.S.C. § 551), the company may not withhold information from the franchise authority upon such asserted grounds if the customer has given his or her prior written or electronic consent to the disclosure of personally identifiable information to the franchise authority with respect to its review of the company's handling of the customer's inquiry or complaint.

(Ord. No. 3758, § 1, 8-28-2001)

In the event that the company shall fail, refuse, or neglect to comply fully with the requirements of these regulations, the franchise authority shall, except in instances in which time is of the essence in obtaining the company's compliance and/or the franchise authority determines that such efforts would be futile, to notify the company by letter of its desire to attempt informal resolution and rectification of the company's non-compliance. Said informal resolution efforts shall be initiated by the franchise authority's general statement of the alleged violations under investigation and the general nature of the evidence then known to the franchise authority. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchise 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 non-presentment or recitation or non-recitation of such evidence in the course of the informal resolution efforts.

(Ord. No. 3758, § 1, 8-28-2001)

To the extent reasonably consistent with the goal of obtaining compliance with these regulations, it shall be the policy of the franchise authority to notify the company of a possible or alleged violation and allow a reasonable time (not to exceed thirty (30) days) 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 franchise 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 customers affected by the violation. For purposes of this section, mere non-repetition of the offending behavior does not necessarily constitute a "cure." Moreover, nothing in the foregoing shall imply that all potential violations are curable.

(Ord. No. 3758, § 1, 8-28-2001)

In the event that the informal efforts at resolution are ineffective or otherwise inappropriate, the franchise authority may notice the company to meet with the franchise authority on not less than ten (10) days notice to determine whether or not probable cause exists to believe that the company has failed, neglected or refused to comply with the provision of these regulations. The probable cause determination shall be initiated by the franchise authority's general statement of the alleged violations under investigation and the general nature of the evidence than known to the franchise authority. The franchise authority shall disclose to the company all such evidence in its possession that demonstrates that the company has failed, neglected or refused to comply with the provisions of these regulations. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the franchise authority in any subsequent enforcement hearing pursuant to this section shall not be limited or abridged by reason of the presentiment or non-presentiment or recitation or non-recitation 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 franchise authority in order to permit franchise 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 regulations, and non-presentment or non-recitation by the company of such evidence may result in the franchise authority and/or hearing officer limiting or denying admissibility of such evidence by the company at any subsequent enforcement hearing if the franchise authority and/or hearing officer finds that such evidence was available to the company and was consciously withheld by the company.

(Ord. No. 3758, § 1, 8-28-2001)

Upon a determination by the franchise 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 regulations, the franchise authority may hold such hearings, conduct such procedures, and impose such remedies as are authorized by these regulations.

(Ord. No. 3758, § 1, 8-28-2001)

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

(Ord. No. 3758, § 1, 8-28-2001)

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 (10) 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 franchise 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.

(Ord. No. 3758, § 1, 8-28-2001)

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

(Ord. No. 3758, § 1, 8-28-2001)

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 or 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 in the sound discretion of the hearing officer 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.

(Ord. No. 3758, § 1, 8-28-2001)

If the hearing is conducted by a hearing officer, the officer shall prepare, upon conclusion of the hearing, a recommended decision that includes findings of fact and conclusions. The recommended decision shall be filed with the clerk of the governing body of the franchise 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 herein, either

(1) Adopt the recommended decision, including findings of fact and conclusion submitted by the hearing officer,

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

(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 franchise authority's expense.

The franchise 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 franchise authority act under either subsection (2) or (3) above, the franchise 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.

(Ord. No. 3758, § 1, 8-28-2001)

If the hearing is conducted by the governing body of the franchise authority, upon conclusion of the hearing, the governing body shall adopt a decision that includes findings of fact and conclusions.

(Ord. No. 3758, § 1, 8-28-2001)

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

(Ord. No. 3758, § 1, 8-28-2001)

Upon the finding, after a noticed hearing conducted pursuant to sections 47-43 through 47-53 above, of a violation of any order of the franchise authority issued pursuant to these regulations at the conclusion of a notice hearing pursuant to sections 47-43 through 47-53, the franchise 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.

(Ord. No. 3758, § 1, 8-28-2001)

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

(1) A conscious policy of non-compliance with the requirements thereof, or

(2) A conscious lack of a policy of compliance with the requirements thereof.

A prior finding of a violation of 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 franchise authority may impose a monetary sanction in an amount not to exceed twenty-seven thousand five hundred dollars ($27,500.00), and in an additional like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify said violation beginning thirty (30) calendar days after written notice thereof from the franchise authority to the company.

(Ord. No. 3758, § 1, 8-28-2001)

An inadvertent customer violation is any failure, neglect, or refusal to the company to comply with the requirements of an order issued under these regulations as to its obligations hereunder in relation to one or more customers 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 franchise authority may impose a monetary sanction:

(1) In an amount not to exceed one hundred fifty dollars ($150.00) for each such subscriber and five thousand five hundred dollars ($5,500.00) in cumulation of the violations as to all customers resulting from any substantially continuous behavior, act or omission, and

(2) In addition like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify said violation beginning thirty (30) days after written notice thereof from the franchise authority to the company.

(3) In any proceeding relating to an alleged violation of the disclosure requirements of these regulations 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 franchise authority, signed or initialed by the customer evidencing acknowledgment of receipt of the disclosure.

(Ord. No. 3758, § 1, 8-28-2001)

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 regulations with respect to the company in relation to the franchise authority. For each such violation, the franchise authority may impose a monetary sanction in an amount not to exceed five thousand five hundred dollars ($5,500.00) and in an additional like sum for each month or portion thereof during which the company shall fail, neglect, or refuse to rectify said violation beginning thirty (30) calendar days after written notice thereof from the franchise authority to the company.

(Ord. No. 3758, § 1, 8-28-2001)

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 thirty (30) month period and shall be quintupled for the third violation under that section for substantially the same or similar conduct occurring within any given thirty (30) 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 franchise authority upon the basis of prior violations that are then pending judicial challenge by the company.

(Ord. No. 3758, § 1, 8-28-2001)

Neither monetary sanctions, imposed hereunder nor any order issued by the franchise authority related hereto shall be deemed to bar or otherwise limit the right of the franchise 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.

(Ord. No. 3758, § 1, 8-28-2001)

The franchise authority may, in its sole discretion, denominate any monetary sanctions imposed pursuant to this section on a per-customer 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 franchise authority, in the form of refunds or credits to then-current customers. Any credit or refund made to customers under these regulations shall be deemed a penalty for failure to meet the requirements of these regulations and such cost shall not be passed through to the customers in rates or charges for any reason. All refunds owing by company to customers shall be paid by the company to affected customers by direct payment or credited to the customer's bill within seventy-five (75) days from the date of the determination that refunds are due or levy of the sanction so designated.

(Ord. No. 3758, § 1, 8-28-2001)

In establishing the amount of any penalty or assessment within the ranges specified in this section, the franchise 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 customers 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 not constitute force majeure as that term is defined in these regulations);

(7) Whether the company has attempted in good faith to cure the violation; and

(8) Whether the violation has occurred in the past.

(Ord. No. 3758, § 1, 8-28-2001)

Failure of the franchise authority to enforce any requirements set forth herein of the 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. No. 3758, § 1, 8-28-2001)

The franchise authority hereby adopts and incorporates by reference any customer service regulations of the FCC, and California statutes and regulations relating to cable television services. In the event of any conflict between these regulations, the federal and/or California provisions, the regulation with the highest standard shall apply. In the event any provision of these regulations 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. No. 3758, § 1, 8-28-2001)

These regulations may be amended by majority vote of the franchise authority's governing board only after public proceedings on such amendment(s) and shall be subject to applicable law.

(Ord. No. 3758, § 1, 8-28-2001)

Nothing contained herein shall prevent or prohibit the franchise authority from imposing additional customer service regulations that exceed the Regulations set forth herein subject only to applicable law.

(Ord. No. 3758, § 1, 8-28-2001)

The company shall not be excused from any provision of these regulations by reason of any cause or excuse except for causes that are caused by an event of force majeure.

(Ord. No. 3758, § 1, 8-28-2001)

Nothing contained in these regulations 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 decisions of the franchise authority shall be accorded the maximum deference allowed by law.

(Ord. No. 3758, § 1, 8-28-2001)