Article 6 — CUSTOMER SERVICE STANDARDS

(a)

Each franchisee shall maintain at least one office at a location convenient to subscribers who reside in the city. Such office shall be open for walk-in traffic at least eight hours per day (except legal holidays) Monday through Friday, with some evening hours, and at least four hours on Saturday to allow subscribers to pay bills, drop off equipment and to pick up equipment.

(b)

Each franchisee shall perform service calls, installations, and disconnects at least eight hours per day Monday through Saturday, except legal holidays, provided that a franchisee shall respond to outages twenty-four hours a day, seven days a week.

(Ord. 2036 § 1(part), 2003).

(a)

Each franchisee will establish a publicly listed local toll-free telephone number. Customer service representatives must answer the phone at least ten hours per day, Monday through Saturday, except legal holidays, for the purpose of receiving requests for service, inquiries, and complaints from subscribers. After such business hours, the phone shall be answered so that customers can register complaints and report service problems on a twenty-four-hour per day, seven-day per week basis, and so that the franchisee can respond to service outages as required herein.

(b)

Telephone answering time shall not exceed thirty seconds or four rings, and the time to transfer the call to a customer service representative (including hold time) will not exceed an additional thirty seconds.

(c)

Under normal operating conditions, customers shall receive a busy signal less than three percent of the time.

(d)

Under normal operating conditions, the standards set out in subsections B and C of this section will be met ninety percent of the time, measured quarterly. The phrase "of the time" refers to the percentage of calls to the franchisee during normal operating conditions, so that if one thousand calls are received by the franchisee, nine hundred of those calls must be answered within the time limits specified in subsection B; and fewer than thirty should receive a busy signal as specified in subsection C.

(Ord. 2036 § 1(part), 2003).

(a)

All appointments for service, installation, or disconnection will be specified by date. Each franchisee shall specify a specific time at which the work will be done, or offer a choice of time blocks, which will not exceed four hours in length. A franchisee may also, upon request, schedule service installation calls outside normal business hours, for the express convenience of the customer.

(b)

If at any time an installer or technician anticipates that he or she will be late for an appointment and believes a scheduled appointment time will be missed, an attempt to contact the customer will be made and the appointment rescheduled at a time convenient to the customer, if rescheduling is necessary. It is the operator's burden to prove it met the appointment.

(c)

The franchisee shall offer and fully describe to subscribers who have experienced a missed appointment (where the missed appointment was not the subscriber's fault) that the subscriber may choose between the following options:

(1)

Installation free of charge, if the appointment was for an installation for which a fee was to be charged;

(2)

For service calls and all other missed appointments, a credit of twenty dollars on the subscriber's bill; and

(3)

An opportunity to elect remedies under California Civil Code 1722 as may be amended, if applicable.

No penalty under this chapter or liquidated damages may be assessed by the city for the failure of the franchisee to meet any appointment if the affected subscriber has been given the choice of one of the

remedies listed in this section. These remedies do not apply if the missed appointment resulted from a force majeure event.

(Ord. 2036 § 1(part), 2003).

(a)

Under normal operating conditions, requests for service, repair, and maintenance must be acknowledged by a trained customer service representative within twenty-four hours, or before the end of the next business day, whichever is earlier.

(b)

A franchisee shall respond to all other inquiries (including billing inquiries) within five business days of the inquiry or complaint.

(c)

Under normal operating conditions, repairs and maintenance for outages or service interruptions must be completed within twenty-four hours after the outage or interruption becomes known to franchisee where the franchisee has adequate access to facilities to which it must have access in order to remedy the problem.

(d)

Under normal operating conditions, work to correct all other service problems must be begun by the next business day after notification of the service problem, and must be completed within five business days from the date of the initial request.

(e)

When normal operating conditions do not exist, a franchisee shall complete the work in the shortest time possible.

(f)

A franchisee shall not cancel a service or installation appointment with a customer after the close of business on the business day preceding the scheduled appointment.

(g)

Except as a franchise otherwise provides, service must be extended upon request to any residential dwelling unit or to any government building in a franchisee's franchise area: (i) within seven days of the request, where service can be provided by activating or installing a drop or within twenty-one days of a request by a commercial establishment; (ii) within ninety days of the request where an extension of one-half mile or less is required; or (iii) within six months where an extension of one-half mile or more is required.

(h)

Requests for additional outlets, service upgrades or other connections (e.g., DMX, VCR, A/B switch) separate from the initial installation will be performed within seven business days after an order has been placed.

(i)

Under normal operating conditions, the service standards set out in subsections (a) through (h) of this section will be met at least ninety-five percent of the time, measured on a quarterly basis. The phrase "of the time" refers to the number of service requests received by the franchisee, so that if franchisee receives one hundred service requests, at least ninety-five of those requests must be scheduled and/or completed within the time limits specified in subsections (a) through (h) of this section.

(j)

The failure of the franchisee to hire sufficient staff or to properly train its staff will not justify a franchisee's failure to comply with this provision.

(Ord. 2036 § 1(part), 2003).

With regard to subscribers with disabilities, upon subscriber request, each franchisee shall arrange for pickup and/or replacement of converters or other franchisee equipment at the subscriber's address or by a satisfactory equivalent (such as the provision of a postage-prepaid mailer).

(Ord. 2036 § 1(part), 2003).

A franchisee shall provide each subscriber at the time service is installed, and annually thereafter, clear and accurate written information:

(a)

On placing a service call, filing a complaint, or requesting an adjustment (including when a subscriber is entitled to refunds for outages and how to obtain them);

(b)

Showing the telephone number of city office responsible for administering the cable television franchise;

(c)

Providing a schedule of rates and charges (which listing must identify any discounts offered), channel positions, services provided, a copy of the service contract, delinquent subscriber disconnect and reconnect procedures; notifying subscribers of the availability of parental control devices, and the conditions under which they will be provided and the cost (if any) charged;

(d)

Describing conditions that must be met to qualify for discounts;

(e)

Describing any other of the franchisee's policies in connection with its subscribers; and

(f)

Describing any discounts, services, or specialized equipment available to subscribers with disabilities; explaining how to obtain them; and explaining how to use any accessibility features.

(Ord. 2036 § 1(part), 2003).

Not less than five days prior to providing its subscribers with notices pursuant to Section 5.20.950, franchisee shall provide city with copies of all such notices.

(Ord. 2036 § 1(part), 2003).

Franchisee shall provide city manager (or designee) advance notice by facsimile or electronic mail, and all subscribers at least thirty days, written notice of any material changes in the information required to be provided under this article, except that, if federal law establishes a shorter notice period and preempts this requirement, the federal requirement will apply.

(Ord. 2036 § 1(part), 2003).

Each franchisee shall take appropriate steps to ensure that all written franchisee promotional materials, announcements, and advertising of residential cable service to subscribers and the general public, where price information is listed in any manner, clearly and accurately discloses price terms. In the case of telephone orders, a franchisee will take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers in advance of taking the order.

Each franchisee shall maintain a file open for public inspection containing all notices provided to subscribers under these customer service standards, as well as all promotional offers made to subscribers. The notices and offers will be kept in the file for at least one year from the date of such notice or promotional offer.

(Ord. 2036 § 1(part), 2003).

A franchisee shall provide forty-eight hours prior notice to subscribers and city before interrupting service for planned maintenance or construction; provided, however, that planned maintenance that does not require more than two hours interruption of service and that occurs between the hours of one a.m. and five

a.m. shall not require such notice to subscribers, and notice to city must be given no less than twenty-four hours before the anticipated service interruption.

(Ord. 2036 § 1(part), 2003).

A franchisee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit.

(Ord. 2036 § 1(part), 2003).

(a)

A franchisee's billing statement must be clear, concise, and understandable; must itemize each category of service and equipment provided to the subscriber; and must state clearly the charges therefor.

(b)

A franchisee's billing statement must show a specific payment due date not earlier than the later of:

(1)

Fifteen days after the date the statement is mailed; or

(2)

The tenth day of the service period for which the bill is rendered.

(c)

A late fee or administrative fee (collectively referred to below as a "late fee") may not be imposed for payments earlier than twenty-seven days after the due date specified in the bill.

(d)

A late fee may not be imposed unless the subscriber is provided written notice at least ten days prior to the date the fee is imposed that a fee will be imposed, the date the fee will be imposed and the amount of the fee that will be imposed if the delinquency is not paid. A late fee may not be imposed unless the outstanding balance exceeds ten dollars.

(e)

Subscribers shall not be charged a late fee or otherwise penalized for any failure by a franchisee, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. Payments shall be considered timely if postmarked on the due date.

(f)

A franchisees bill must permit a subscriber to remit payment by mail or in person at the franchisees local office.

(Ord. 2036 § 1(part), 2003).

(a)

A subscriber's account shall be credited a prorated share of the monthly charge for the service upon subscriber request if a subscriber is without service or if service is substantially impaired for any reason for a period exceeding four hours during any twenty-four-hour period.

(b)

A franchisee need not credit subscriber where it establishes that a subscriber will obtain a refund for a loss of service or impairment caused by the subscriber or by subscriber-owned equipment (not including, for purposes of this section, in-home wiring installed by the franchisee).

(Ord. 2036 § 1(part), 2003).

Franchisee shall respond to all written billing complaints from subscribers within thirty days.

(Ord. 2036 § 1(part), 2003).

Refunds to subscribers will be issued no later than:

(a)

The earlier of the subscribers next billing cycle following resolution of the refund request, or thirty days; or

(b)

The date of return of all equipment to franchisee, if cable service has been terminated.

(Ord. 2036 § 1(part), 2003).

Credits for cable service shall be issued no later than the subscriber's next billing cycle after the determination that the credit is warranted.

(Ord. 2036 § 1(part), 2003).

(a)

A subscriber may terminate service at any time.

(b)

A franchisee shall promptly disconnect from the franchisee's cable system or downgrade any subscriber who so requests. If a subscriber requests a disconnect effective date of seven or more days after subscriber's request, franchisee shall not charge for service beyond the subscriber requested effective disconnect date. If a subscriber requests a disconnect effective date of less than seven days after subscriber request, franchisee shall charge subscriber for no more than seven days of service from the requested disconnect effective date. There will be no charge for disconnection, except for the collection fee authorized by state law, and any downgrade charges will conform to applicable law.

(Ord. 2036 § 1(part), 2003).

Any security deposit and/or other funds, including interest, due a subscriber that disconnects or downgrades service will be returned to the subscriber within thirty days or in the next billing cycle, whichever is later, from the date disconnection or downgrade was requested except in cases where the subscriber does not permit the franchisee to recover its equipment, in which case the amounts owed will be paid to subscribers within thirty days of the date the equipment was recovered, or in the next billing cycle, whichever is later.

(Ord. 2036 § 1(part), 2003).

(a)

A franchisee may not disconnect a subscriber's cable service for non-payment unless:

(1)

The subscriber is delinquent in payment for cable service;

(2)

A separate, written notice of impending disconnection, postage prepaid, has been sent to the subscriber at least twenty days before the date on which service may be disconnected, at the premises where the subscriber requests billing, which notice must identify the names and address of the subscriber whose account is delinquent, state the date by which disconnection may occur if payment is not made, and the amount the subscriber must pay to avoid disconnection, and a telephone number of a representative of the franchisee who can provide additional information concerning and handle complaints or initiate an investigation concerning the services and charges in question;

(3)

The subscriber fails to pay the amounts owed to avoid disconnection by the date of disconnection; and

(4)

No pending inquiry exists regarding the bill to which franchisee has not responded in writing.

(b)

If the subscriber pays all amounts due, including late charges, before the date scheduled for disconnection, the franchisee shall not disconnect service. Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone.

(c)

After disconnection (except as noted below), upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate service.

(Ord. 2036 § 1(part), 2003).

A franchisee may immediately disconnect a subscriber if:

(a)

The subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or unlawfully tampered with the franchisee's cable system;

(b)

The subscriber is not authorized to receive a service and is receiving it and/or is facilitating, aiding or abetting the unauthorized receipt of service by others; or

(c)

Subscriber-installed or attached equipment is resulting in signal leakage that is in violation of FCC rules.

(Ord. 2036 § 1(part), 2003).

After disconnection, the franchisee shall restore service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and paid all proper fees and charges, including any reconnect fees and all amounts owed the franchisee for damage to its cable system or equipment. Provided that, no reconnection fee may be imposed on a subscriber disconnected pursuant to this article if the leakage was the result of the franchisee's acts or omissions; or in any case unless the franchisee notifies the subscriber of the leakage at least three business days in advance of disconnection, and the subscriber has failed to correct the leakage within that time.

(Ord. 2036 § 1(part), 2003).

Except as applicable law may otherwise provide, a franchisee may remove its property from a subscriber's premises within thirty days of the termination of service. If a franchisee fails to remove its property in that period, the property will be deemed abandoned unless the franchisee has been denied access to the subscriber's premises, or the franchisee has a continuing right to occupy the premises under applicable law.

(Ord. 2036 § 1(part), 2003).

A franchisee may require a reasonable, non-discriminatory deposit on equipment provided to subscribers. Deposits will be placed in an interest-bearing account, and the franchisee will return the deposit, plus interest earned to the date the deposit is returned to the subscriber, less any amount the franchisee can demonstrate should be deducted for damage to such equipment.

(Ord. 2036 § 1(part), 2003).

Without limiting a franchisee's obligations under federal law, after March 1, 1999, a franchisee must provide parental control devices at no charge to all subscribers who request them that enable the subscriber to block the video and audio portion of any channel or channels of programming.

(Ord. 2036 § 1(part), 2003).

Notwithstanding the requirements of this article, the city manager is authorized to relieve a franchisee of its obligations under this article if:

(a)

Franchisee shows that there is an alternative standard that is substantially similar to that established by this article;

(b)

The city manager determines that there is sufficient competition among cable operators that renders application of these standards unnecessary; or

(c)

In light of the number of customers served by a cable operator, the requirements of this article are, in the city manager's sole discretion, unduly burdensome and there is an alternative way to serve the same interest.

(Ord. 2036 § 1(part), 2003).