Eastvale Municipal Code Art. 2 Cable Television Systems

A fee paid to the city is established for the support of public, educational, and governmental access facilities and activities within the city. Unless a higher percentage is authorized by applicable state or federal law, this fee shall not exceed one percent of a grantee's gross revenues, as the term "gross revenues" is defined in the grantee's franchise agreement or in applicable provisions of state or federal law.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Holder of state franchise that offers video service within the jurisdiction of the local entity shall calculate and remit to the local entity a state franchise fee, Public Utilities Code § 5860.

(a) Operational standards.

(1) The grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under normal operating conditions:

a. Sufficient toll-free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed 30 seconds;

b. A caller must receive a busy signal less than three percent of the time, measured quarterly;

c. Emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day;

d. A conveniently located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints;

e. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour-per-day basis;

f. A trained installation staff must provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated;

g. The grantee must schedule, within a specified four-hour time period, Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. The grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber. The grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work;

h. Subscribers who have experienced a late or a missed appointment due to the fault of grantee will receive either a free installation or a $20.00 credit;

i. Upon a subscriber's request, grantee will arrange for pickup or replacement of converters or other equipment provided by the grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited.

(2) Under normal operating conditions, the standards of subsections (a)(1)a, c, f and g of this section must be met not less than 90 percent of the time, measured on a quarterly basis.

(b) Service standards.

(1) The grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between 12:00 midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between 12:00 midnight and 6:00 a.m. (in which event 24-hour prior notice must be given to the city), 48-hour prior notice must be given to subscribers.

(2) The grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following timeframes:

a. For a system outage. Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channels, affecting five or more subscribers to the system;

b. For an isolated outage. Within 24 hours, including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels;

c. For inferior signal quality. No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality.

(3) The grantee will be deemed to have responded to a request for service under the provisions of this subsection (b) when a technician arrives at the service location and begins work on the problem if the problem cannot be corrected remotely. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival.

(4) The grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by the grantee to subscribers, unless the defect or malfunction was caused by the subscriber.

(5) The grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible.

(c) Billing and information standards.

(1) Subscriber bills must 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. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits.

(2) The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to the grantee, including the failure to timely or correctly bill the subscriber.

(3) In case of a billing dispute, the grantee must respond in writing to a written complaint from a subscriber within 30 days after receiving the complaint at the office specified on the billing statement for receiving that complaint.

(4) Upon request by a subscriber, credits or refunds must be provided by grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance or construction in circumstances where grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any grantee-supplied equipment.

(5) The grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request:

a. Products and services offered;

b. Prices and options for programming services and conditions of subscription to programming and other services;

c. Installation and service maintenance policies;

d. Instructions on the use of the cable service;

e. Channel positions of programming carried on the system;

f. Billing and complaint procedures, including the address and telephone number of the city's office designated for dealing with cable-related issues;

g. Consumer protection and service standards and penalties for noncompliance.

(6) Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the grantee's control. In addition, the grantee will endeavor to notify the city of those changes at least five working days before subscribers are notified.

(7) The grantee must maintain a public file containing all written notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by grantee to subscribers. These documents must be maintained for a minimum period of two years.

(d) Verification of compliance with standards.

(1) Upon 30 days' prior written notice by the city, the grantee shall provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. The grantee must provide sufficient documentation to enable the city to verify compliance.

(2) A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement.

(e) Subscriber complaints and disputes.

(1) The grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the city. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The grantee must file a copy of these procedures with the city. These procedures must include a requirement consistent with subsection (c)(3) of this section.

(2) Upon request, and subject to applicable law protecting subscriber privacy rights, the city has the right to review grantee's response to subscriber complaints.

(3) All subscribers have the right to continue receiving service so long as their financial and other obligations to the grantee are honored. If the grantee elects to rebuild, modify or sell the system, or if the city gives notice of intent to terminate or not to renew the franchise, the grantee must act to ensure that all subscribers receive service while the franchise remains in force.

(4) Upon a change of control of the grantee, or if a new operator acquires the cable system, the original grantee must cooperate with the city, the new grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, the grantee is entitled to the revenues derived from its operation of the cable system.

(f) Disconnection and downgrades.

(1) A subscriber may terminate or downgrade service at any time, and the grantee must promptly comply with the subscriber's request within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. The grantee will impose no charges for the voluntary termination of all services unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by the grantee. The grantee may, in accordance with applicable law, charge a fee to downgrade service if a service call is required.

(2) The grantee may disconnect a subscriber's service in compliance with Government Code § 53088.2(i), (j) and (k). If service is disconnected for nonpayment of past due fees or charges, the grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges.

(3) Notwithstanding the requirements of subsection (f)(2) of this section, the grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying the grantee's cable system or equipment.

(4) The grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, the grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to the grantee.

(5) The grantee may also disconnect service in cases where customers are stealing service or have threatened the grantee's personnel with physical violence.

(6) Upon termination of service to a subscriber, the grantee will endeavor to remove its equipment from the subscriber's premises within 30 days.

(g) Negative option billing prohibited. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection.

(h) Deposits. The grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to the grantee.

(i) Parental control option. The grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber.

(j) Additional requirements.

(1) All officers, agents, and employees of the grantee, or of its contractors or subcontractors, who, in the normal course of work, come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo-identification card. The grantee must account for all identification cards at all times. All vehicles of the grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the grantee.

(2) In addition to the consumer protection and service standards specified in this section, the grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:

a. Federal statutes, and the rules, regulations and orders of the Federal Communications Commission, including the following:

1. The provisions of 47 CFR 76.630, as it now exists or may later be amended, which relate to compatibility with consumer electronics equipment;

2. The provisions of 47 USC 551, as it now exists or may later be amended, which relate to the protection of subscriber privacy;

b. The provisions of Government Code § 53054 et seq., entitled the "Cable Television and Video Provider Customer Service and Information Act";

c. The provisions of Government Code § 53088 et seq., entitled the "Video Customer Service Act";

d. The provisions of Code of Civil Procedure § 1722(b)(1) through (6), which relate to service or repair transactions between cable television companies and their subscribers;

e. The provisions of Penal Code § 637.5, which relate to subscribers' rights to privacy protection.

(3) If there is any conflict or inconsistency between a consumer protection and service standard specified in this section, and a standard set forth in the statutes, rules, regulations and orders that are referenced in subsection (j)(2) of this section, then the standard that is specified in this section will apply to the extent authorized by applicable law.

(k) Penalties for noncompliance.

(1) Purpose. The purpose of this subsection is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Government Code § 53088 et seq.) and pursuant to the city's inherent police powers. The imposition of penalties authorized by this subsection will not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law.

(2) Administration and appeals.

a. City clerk. The city clerk or designee is authorized to administer this subsection. Decisions by the city clerk or designee to assess monetary penalties against the grantee must be in writing and must contain findings supporting the decisions. Decisions by the city clerk are final, unless appealed to the city council.

b. Appeal If the grantee or any interested person is aggrieved by a decision of the city clerk or designee, the aggrieved party may, within ten days of the written decision, appeal that decision in writing to the city council. The appeal letter must be accompanied by the fee amount of $250.00 for processing the appeal. The city council may affirm, modify or reverse the decision of the city clerk or designee.

c. Schedule of penalties. The following schedule of monetary penalties may be assessed against the grantee for the material breach of the provisions of the customer service standards set forth in this section, provided that the breach is within the grantee's reasonable control:

1. For a first material breach, the maximum penalty is $200.00 for each day of material breach, but not to exceed a cumulative total of $600.00 for each occurrence of the material breach.

2. For a second material breach of the same nature within a 12-month period for which the city has provided notice and a penalty has been assessed, the maximum penalty is $400.00 for each day of the material breach, but not to exceed a cumulative total of $1,200.00 for each occurrence of the material breach.

3. For a third or further material breach of the same nature within a 12-month period for which the city has provided notice and a penalty has been assessed, the maximum penalty is $1,000.00 for each day of the material breach, but not to exceed a cumulative total of $3,000.00 for each occurrence of the material breach.

4. The maximum penalties referenced in this section may be increased by any additional amount authorized by state law.

d. Judicial remedy. This section does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this section.

e. Notification of breach. The city must give the grantee written notice of any alleged breach of the consumer service standards and allow the grantee at least 30 days, or such longer time as may be reasonably necessary to cure, from receipt of the notice to remedy the specified breach. For the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by the grantee, irrespective of the number of subscribers affected.

f. Limitations. With respect to any grantee that operates under a franchise or license agreement with the city, any monetary penalties assessed under this section must be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure.

g. Applicability of section. This section will apply to all video providers that are providing cable service under nonexclusive licenses issued by the city prior to the effective date of the ordinance codified in this chapter. To the extent that any consumer protection and service standard referenced in a previously issued nonexclusive license is inconsistent or in conflict with any provision of this section, such standard in the nonexclusive license is repealed and superseded.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)