El Segundo Municipal Code Ch. 5 Cable Television Service, Minimum Consumer Protection Standards

For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.

Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning.

BASIC CABLE SERVICE: Any service tier which includes the retransmission of local television broadcast signals.

CABLE COMMUNICATIONS SYSTEM OR SYSTEM: Also referred to as "Cable Television System", "Cable System", "CATV System", or "Community Antenna TV System", means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community but such term does not include:

A. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

B. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public right of way;

C. A facility of common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or

D. Any facilities of any electric utility used solely for operating its electric utility system.

CABLE SERVICE: The total of the following:

A. The one-way transmission to subscribers of video programming or other programming service; and

B. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.

CHANNEL OR CABLE CHANNEL: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission.

CITY: The City of El Segundo as represented by the City Council or any delegate acting within the scope of its jurisdiction.

CONVERTER: An electronic device which converts signal carriers from one form to another.

COUNCIL: The City Council of the City of El Segundo.

FCC: The Federal Communications Commission and any legally appointed or elected successor.

FRANCHISE: An initial authorization, or renewal thereof issued by the City, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system.

FRANCHISE FEES: Any tax, fee or assessment of any kind imposed by the City on an operation or cable subscriber, or both, solely because of their status as such. The term "franchise fee" does not include:

A. Any tax fee or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services but not including a tax, fee, or assessment which is unduly discriminatory against the franchisee or cable subscribers);

B. Capital costs which are required by the franchise to be incurred by franchisee for public, educational, or governmental access facilities;

C. Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

D. Any fee imposed under title 17, United States Code.

FRANCHISEE OR OPERATOR: Any "person" operating a cable television system within the City of El Segundo pursuant to a franchise.

INSTALLATION: The connection of the system from feeder cable to subscribers' terminals, and the provision of services.

LOCAL ORIGINATION CHANNEL: Any channel where the operator or its designated agent is the primary programmer, and provides video programs to subscribers.

PAY-CABLE, PAY-TELEVISION OR PAY-PER-VIEW: The delivery to subscribers, over the cable communications system, of television signals for a fee or charge to subscribers over and above the charge for basic cable service, on a per program, per channel, or other subscription basis.

PERSON: An individual, partnership, association, joint stock company, trust, corporation, or organizational entity.

RESIDENT: Any person residing in the City as otherwise defined by applicable law.

SERVICE TIER: A category of cable service or other services provided by an operator and for which a separate rate is charged by the operator.

STATE: The State of California.

STREET: Each of the following which have been dedicated to the public or hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights of way and similar public property and areas that the franchisee shall permit to be included within the definition of street from time to time.

SUBSCRIBER: Any person, firm, corporation, or other entity who or which elects to subscribe to, for any purpose, a service provided by the operator by means of or in connection with the cable communications system. (Ord. 1159, 2-5-1991)

Any operator itemization of franchise fee costs on subscribers' bills shall be in accordance with Federal law. If an operator elects to indicate the franchise fee as a separate item on the subscriber billing, it shall also itemize, at a minimum, the five (5) cost items representing the largest recurring operational costs to the operator. (Ord. 1159, 2-5-1991)

The cable communications system shall comply at all times with FCC technical quality and performance guidelines. (Ord. 1159, 2-5-1991)

A. Test And Compliance Procedure: Every operator shall submit, within sixty (60) days after the effective date hereof, a detailed test plan describing the methods and schedules for testing its cable system on an ongoing basis to determine compliance with the provisions of Section 9-5-3 of this Chapter. Subsequently, the testing for compliance with the technical standards shall be performed at intervals no greater than twelve (12) months. City representatives may witness the testing, and written test reports shall be submitted to the City. If more than ten percent (10%) of the locations tested fail to meet the technical standards, the operator shall be required to indicate what corrective measures have been taken, and the entire test shall be repeated. A second failure of more than ten percent (10%) may result, at the City's option, in imposition of the remedies set forth at Section 9-5-22 of this Chapter. Following a second failure to meet the technical standards, each day the operator does not meet the technical standards shall be deemed a separate violation of this Chapter.

B. Special Tests: In addition to the annual testing described at subsection A of this Section, at its discretion, the City may require additional tests, full or partial repeat tests, different test procedures, or tests involving a specific subscriber's terminal. Requests for such additional tests will be made on the basis of complaints received or other evidence indicating an unresolved controversy or significant noncompliance, and such tests shall be limited to the particular matter in controversy. The City shall endeavor to so arrange its requests for such special tests so as to minimize hardship or inconvenience to the operator or to the subscriber.

C. Cost Of Tests: The operator shall bear the cost of all tests required by this Chapter. (Ord. 1159, 2-5-1991)

Each operator shall maintain a business and service office (the "office") within five (5) miles of the City limits. The office shall have the necessary facilities, equipment and personnel to provide the following services under normal conditions of operation:

A. Toll-free telephone lines.

B. Telephone answer time by a customer service representative, including wait time and the time required to transfer the call, not to exceed thirty (30) seconds for ninety percent (90%) of callers. The operators shall have no more than six (6) months after the effective date hereof to comply with this requirement.

C. The number of rings before a call is answered by automated answering and distributing equipment shall not exceed four (4).

D. Customers shall receive a busy signal during normal business hours less than three percent (3%) of the total time that the cable office is open for business.

E. Emergency toll-free telephone line capacity on a twenty four (24) hour basis, including weekends and holidays.

F. The operator shall procure and maintain automatic telephone monitoring equipment capable of measuring performance in accordance with subsection B and D of this Section. A monthly report of this performance shall be submitted to the City.

G. Open to the public nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. Mondays through Thursdays, and from nine o'clock (9:00) A.M. to six o'clock (6:00) P.M. Fridays except for holidays, and at least four (4) additional hours weekly outside of the above hours.

H. Adequate staffing to accept subscriber payments and respond to service requests and complaints. (Ord. 1159, 2-5-1991)

Every operator shall maintain the following minimum staffing levels:

A. An agency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a twenty four (24) hour basis.

B. An installation staff, capable of installing service to any subscriber within seven (7) days after receipt of a request, in all areas where trunk and feeder cable have been activated.

C. An installation staff capable of scheduling all appointments with subscribers for installation of service within a specified four (4) hour time period. (Ord. 1159, 2-5-1991)

A. Efficient Service: Every operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between twelve o'clock (12:00) midnight and six o'clock (6:00) A.M. A written log or an equivalent stored in computer memory and capable of access and reproduction, shall be maintained for all service interruptions and requests for cable service as required by Section 9-5-13 of this Chapter.

B. Repair Force: Every operator shall maintain a repair force of technicians normally capable of responding to subscriber requests for service within the following time frames:

1. System Outage: Within two (2) hours, including weekends, of receiving subscriber calls which by number identify a system outage of sound or picture of one or more channels, affecting at least twenty five percent (25%) of the subscribers of the system.

2. Partial System Outage: Within eight (8) hours, including weekends, of receiving subscriber calls which identify a partial system outage of sound or picture of one or more channels, affecting at least twenty (20) subscribers.

3. Isolated Outage: Within twenty four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one or more channels, affecting an individual subscriber.

4. Inferior Reception Quality: Within forty eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality.

C. Response By Operator: An operator shall be deemed to have responded to a request for service under the provisions of this Section when a technician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, response shall be deemed to have taken place if the technician leaves written notification of arrival.

D. No Charge: No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be both repeated and noncable system in origin, or to involve subscriber negligence. (Ord. 1159, 2-5-1991)

Consistent with Section 9-5-6 of this Chapter, no service connection to a subscriber's home or business shall be installed without scheduling an appointment with the subscriber beforehand. Further, no conduit or equipment shall be installed or work performed on the building or property of the subscriber without the subscriber's express approval of the manner of installation. (Ord. 1159, 2-5-1991)

Upon reasonable notice, each operator shall demonstrate compliance with any or all of the standards required in Sections 9-5-5 through 9-5-8 of this Chapter. The operator shall provide sufficient detail to permit the City to verify the extent of compliance. (Ord. 1159, 2-5-1991)

A. Complaints To Operator: Each operator shall establish a written procedure for receiving, acting upon and resolving subscriber complaints without intervention by the City. The operator's procedures shall be filed with the City within sixty (60) days of the effective date hereof. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing that the operator has violated any provision of this Chapter, or the terms and conditions of the subscriber's contract with grantee. At the conclusion of operator's investigation of a subscriber complaint, but in no event more than ten (10) business days after receiving the complaint, operator shall notify the subscriber and the City in writing of the results of the investigation and its proposed action or resolution, if any. The operator shall also notify the subscriber of the subscriber's right to file a complaint with the City in the event the subscriber is dissatisfied with the operator's decision. No other proceedings to resolve subscriber complaints shall be undertaken until the complaint procedure established by this Chapter has been exhausted.

B. Complaints To City: A subscriber who is dissatisfied with operator's proposed decision or who was not provided with a written decision within the ten (10) business day period shall be entitled to have the complaint reviewed by the City. The subscriber shall initiate the review by filing a written complaint together with the operator's written decision, if any, with the City and by the City notifying the operator of the filing. The subscriber shall make such filing and notification within twenty (20) days of receipt of operator's decision or, if no operator decision has been provided, within thirty (30) days after filing the original complaint with operator. The City may extend these time limits for reasonable cause. (Ord. 1159, 2-5-1991)

A. City Determination: The City shall determine, solely upon a review of a subscriber complaint and the operator's decision, if any, whether further action is warranted. In the event the City does not initiate further proceedings within fifteen (15) days of the filing of the complaint, the operator's proposed action or resolution shall be final.

B. Further Investigation: If the City decides to initiate further investigation, the City shall require the operator and the subscriber to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. The operator or the subscriber may request in such statement that a hearing be conducted by the City.

C. Hearing: A hearing if requested shall be conducted the by City following notice in writing specifying the time and place of such hearing. The hearing shall be conducted informally by the City Manager or his designee, and the parties may offer any evidence pertinent to the dispute.

D. Additional Evidence: The parties shall produce any additional evidence, including testing reports from the operator, which the City may deem necessary to an understanding and determination of the dispute.

E. Council Decision: The City shall issue a written decision within fifteen (15) days of receipt of the written statements or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision. The decision may be appealed to the City Council. The Council's decision shall be final. (Ord. 1159, 2-5-1991)

The City shall establish an escrow account wherein a subscriber may deposit a disputed portion of the subscriber's monthly service charge. If a subscriber either continues to make full and timely payment of all monthly service charges to operator or deposits any disputed portion of such monthly service charges to said escrow account, operator shall not discontinue service during the pendency of a complaint submitted under the provisions of this Chapter. Any amounts deposited in the escrow account shall be paid to the operator or subscriber in accordance with a final determination of a complaint. (Ord. 1159, 2-5-1991)

A. Complaints: Each operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system. Complete records of the operator's actions in response to all complaints shall be kept. These files and records shall remain open to the public during normal business hours, so that individuals are able to inspect their own files.

B. Summaries And Logs To City: Each operator shall also maintain a summary of service requests, identifying the number and nature of the requests and their disposition, for each month. In addition, each operator shall maintain a log and summary of all service interruptions. Such summaries and logs shall be submitted to the City by the tenth day of the succeeding month. (Ord. 1159, 2-5-1991)

A. Provide Information To Subscribers: When subscribers are connected or reconnected to the cable system, and at least once annually thereafter, each operator shall provide each subscriber with written information concerning the procedures for making inquires or complaints, including the name, address and local telephone number of the employee or agent to whom such inquiries or complaints are to be addressed, and also furnish information concerning the City office responsible for administration of the franchise with the name and telephone number of the office. The notice shall also indicate the operator's business hours, legal holidays and procedures for responding to inquiries after normal business hours.

B. Notice Of Policy Changes: Each operator shall provide all subscribers and the City written notice no less than thirty (30) days prior to any proposed change in these policies. (Ord. 1159, 2-5-1991)

A. Notice Of Rate Changes: Each operator shall provide all subscribers and the City with at least thirty (30) days' written notice prior to the implementation of any change in rates or programming services.

B. Copies To City: Copies of all notices provided to subscribers shall be filed concurrently with the City. (Ord. 1159, 2-5-1991)

Every employee of each operator or its contractors or subcontractors dealing with the public shall be clearly identified on sight to the public as a representative of the operator. Every vehicle of each operator or its contractors or subcontractors shall be similarly identified. Each operator's telephone number shall also be clearly marked on all such vehicles. Each operator's employees and agents shall also wear an identification badge with the employee or agent's name and photograph. (Ord. 1159, 2-5-1991)

The City may evaluate the overall quality of service provided by operator to subscribers at any time, based upon the number of subscriber complaints received by the operator and the City, and operator's response to those complaints. The City's evaluation that service quality is inadequate may lead to direction to the operator to cure the inadequacies. The operator shall commence corrective action within thirty (30) days after receipt of written notice. (Ord. 1159, 2-5-1991)

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

A. To operator's providing the service to units of the facility;

B. To reasonable conditions and time for installation, maintenance, and inspection of the system on the facility premises;

C. To reasonable conditions promulgated by operator to protect operator's equipment and encourage widespread use of the system; and

D. To not discriminate in rental charges, or otherwise, between tenants who receive cable service and those who do not. (Ord. 1159, 2-5-1991)

Each operator shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the operator to exercise it rights and perform its obligations under the franchise, and to assure an uninterrupted service to each and all of its customers. However, such rules, regulations, terms and conditions shall not be in conflict with the provisions of this Chapter or applicable State and Federal laws, rules and regulations. (Ord. 1159, 2-5-1991)

A. Discrimination Prohibited: The operator shall not deny service, deny access, or otherwise discriminate against subscribers, PEG access channel users, or general citizens on the basis of income, race, color, religion, national origin, age or sex. Operator shall comply at all times with all other applicable Federal, State and local laws and regulations, and all executive and administrative orders relating to nondiscrimination which are hereby incorporated and made part of this Chapter by reference.

B. Comply With Federal Law: The operator's policy with regard to personally identifiable information shall be consistent with Federal law.

C. Fairness: The entire system of the operator shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equipment, channels, studios and other services to all citizens, businesses, public agencies and other entities having a legitimate use for the system, and no one shall be arbitrarily excluded from its use. (Ord. 1159, 2-5-1991)

A. Subscriber Right:

1. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the operator are honored. In the event that the operator elects to overbuild, rebuild, modify, or sell the system, or the City give notice of intent to terminate or fails to renew this franchise, the operator shall act so as to ensure that all subscribes receive continuous, uninterrupted service.

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

B. Failure Of Operator: In the event operator fails to operate the system for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the system or designate an operator until such time as operator restores service under conditions acceptable to the City or a permanent operator is selected. If the City is required to fulfill this obligation for the operator, then during such period as the City fulfills such obligation, the City shall be entitled to collect all revenues from the system, and the operator shall reimburse the City for all reasonable costs or damages in excess of the revenues collected by the City that are the result of the operator's failure to perform. (Ord. 1159, 2-5-1991)

A. Remedies For Violations: Any breach of the provisions of this Chapter is subject to any or all of the following remedies:

1. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor.

2. The City may enforce the provisions of this Chapter by civil action, including injunctive relief.

3. Any private citizen may enforce this Chapter by civil action.

4. Any material violation of a provision of this Chapter is subject to administrative assessment of penalties and order to remedy the violation pursuant to subsection B of this Section.

5. Any material violation of a provision of this Chapter is declared a nuisance, and may be abated pursuant to subsection C of this Section.

6. Revocation of the franchise.

B. Administrative Adjudication Of Violations Of Consumer Protection Standards: The City may prosecute administratively any material violation of this Chapter pursuant to the procedures set forth at subsections D and E of this Section. The hearing officer shall have the authority to: 1) order the operator to undertake remedial action to cure any breach of its obligations under this Chapter; 2) levy a penalty upon the operator up to five hundred dollars ($500.00) per day, per violation; and 3) find that the operator has not violated any of its obligations under this Chapter.

C. Nuisance Abatement: The City may prosecute any material violation of this Chapter as a nuisance pursuant to the procedure set forth at Sections 9-5-23 through 9-5-25 of this Chapter.

D. Procedure For administrative Adjudication Of Violation Of Chapter:

1. Notice Of Violation: The City Manager may notify the operator of any violation of this Chapter. The notice may be by telephone or telecopy and shall be confirmed in writing and establish a reasonable time to cure the violation. The period to cure shall be a minimum of five (5) working days (except in cases of emergency where a shorter time may be prescribed consistent with the nature of the emergency).

2. Operator Response: Upon receiving the City Manager's notice of a breach of this Chapter, the operator shall investigate the alleged breach, and within the time period established in the notice, notify the City Manager in writing of the results of the investigation and its action to cure the violation, if any. In the event the City Manager does not refer the matter to the City Council or to an administrative hearing as provided under subsection E of this Section within thirty (30) days of the receipt of the operator's response, the operator's proposed action or resolution shall be final. (Ord. 1159, 2-5-1991)

E. Administrative Hearing Procedures:

1. The City Manager shall select an independent hearing officer.

2. The hearing shall be conducted according to California Code of Civil Procedure section 1280 et seq. (the "General Arbitration Act").

3. Any failure of the operator to comply with the final order of the hearing officer shall be deemed a material breach of the franchise.

4. The hearing officer's decision may be appealed to the City Council. (Ord. 1159, 2-5-1991; amd. 2000 Code)

A. Commencement Of Nuisance Abatement Proceedings; Notice: Whenever the City Manager reasonably believes a public nuisance under this Chapter exists, he may commence abatement proceedings. The City Manager shall cause a written notice to be issued to abate such nuisance.

1. The notice shall contain a description of the nuisance. It shall refer to this Section and the violation of this Chapter at issue, and shall direct compliance by removal or correction of the condition which is in violation of the provisions of this Chapter within the time period set forth at subsection 9-5-22D1 of this Chapter. The notice shall further describe the consequences of failure to comply as prescribed in this Section.

2. The notice shall be served on the operator by registered or certified mail, return receipt requested. Delivery by first class mail shall be used when delivery by registered or certified mail is refused. Such notice by mail shall be sufficient for purposes of this Chapter.

3. Failure of any person to receive a notice shall not affect the validity of any proceedings under this Chapter.

B. Voluntary Abatement Of Public Nuisances: The operator may abate the nuisance at any time within the abatement period. The City Manager shall be advised of the abatement and shall inspect the system to ensure that the nuisance has in fact been abated.

C. Involuntary Abatement: Upon failure of the operator to correct the condition as described in the notice by the date specified, the City Manager shall cause an administrative hearing to be held to determine whether a nuisance exists. The City Manager shall give the operator at least fourteen (14) days' written notice of the hearing. The hearing shall be conducted pursuant to subsection 9-5-22E of this Chapter, and the hearing officer may order the nuisance abated and/or assess penalties up to five hundred dollars ($500.00) per day per violation until the nuisance is abated. The operator shall be liable for all costs of abatement as provided for at California Government Code section 38773.5. (Ord. 1159, 2-5-1991)

A. Special Assessment; Notice: The total cost for abatement of the nuisance and any resulting penalties, as confirmed by the City Council, shall constitute a special assessment against the operator's land and, upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the property for the amount of the assessment.

B. Add To Tax Billing: After confirmation and recordation, a copy of the notice of lien may be turned over to the tax collector to add the amounts of the assessments to the next regular tax bill levied against the operator. Thereafter the assessment amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary property taxes. After recordation, the lien may be foreclosed by judicial or other sale in the manner and means provided by law. (Ord. 1159, 2-5-1991)

Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or State law to correct hazards or deficiencies in real property in addition to or as alternatives to the proceedings set forth herein. (Ord. 1159, 2-5-1991)