Emeryville Municipal Code Part 5 Rates

The City may regulate a grantee's rates, charges, and prices to the maximum extent permitted by law now or at a future time.

(a) Filing of Rates and Charges. Throughout the term of any franchise agreement entered into pursuant to this chapter, grantee shall maintain on file with the City a complete schedule of all rates and charges related to providing cable services under the franchise, in a form satisfactory to the City.

(b) Changes in Rates and Charges. Grantee shall provide written notice to the City and subscribers at least thirty (30) days in advance of any proposed change in rates and charges within the control of grantee. Such notice shall be provided in the subscriber's bill or in a separate mailing.

(c) Regulation of Equipment for Hearing-Impaired. To the extent authorized by law, the City reserves the right to require and regulate the installation or rental of equipment that facilitates the. reception of cable service by hearing impaired individuals.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Billing procedures shall be as follows:

(a) Bills will 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 will also clearly delineate all activity during the billing period, including:

(1) A list of each service or package received for that billing period;

(2) The rate or charge for each service or package received;

(3) The period of time over which said services are billed;

(4) The total charges due for the monthly period, separate from any previous balance due;

(5) Credits posted during the month;

(6) Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.

(7) A specific date by which payment is required;

(8) The customer service telephone number to which billing inquiries or complaints can be directed.

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

(c) A grantee's billing statement must show a specific payment due date, and no late payment fee may be imposed on a subscriber earlier than thirty (30) calendar days from the due date on the billing statement. Any balance not received within thirty (30) calendar days of the due date may be assessed a late fee consistent with this chapter. Any late fee assessed must appear on the following month's billing statement.

(d) A grantee must notify the subscriber that he or she can remit payment in person at the grantee's office located in or near the City and inform the subscriber of the address of that office.

(e) Every customer who pays his or her bill directly shall have at least fifteen (15) days from the date of the bill for services is mailed to pay the listed charges. Customer payments shall be posted promptly. The grantee shall not terminate any residential service for nonpayment of a delinquent account without fifteen (15) days prior written notice. Such notice shall not be mailed until after the sixteenth (16th) day from the time the bill for services was mailed to the customer. The grantee may not assess a late charge earlier than the twenty-second (22nd) day from the time the bill for services has been mailed.

(f) In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within thirty (30) days.

(g) Subscribers shall not be charged a late fee or otherwise penalized for any failure by the grantee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscribers for a payment made in a timely manner:

(h) Every notice of termination of service shall include: name and address of subscriber whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number of the grantee for additional information and/or to handle complaints or initiate an investigation concerning service and charges in question.

(i) Service may only be terminated on days and at times in which the subscriber can reach a customer service representative of the grantee either in person or by telephone.

(j) The grantee shall afford each subscriber of the cable system with a right to rescind the subscriber's ordering of service within three (3) days after ordering, provided that such right of rescission shall end upon activation of the service ordered. The grantee shall assess any late fees in accordance with California law. In no event shall a late fee exceed the maximum amount permissible under California law.

(k) Any franchise agreement entered into pursuant to this chapter may contain provisions for a discount on basic and cable programming tiers or any other cable services for persons with specific income and disability qualifications.

(1) Grantee will set rates for equipment deposits no higher than the actual replacement value of the equipment for which the deposit is applied. Equipment deposits shall be promptly returned to subscribers upon the return in good working condition to the grantee of the equipment for which said deposit was required.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

(a) Refund checks will be issued promptly, but no later than either:

(1) The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or

(2) In cases involving the return of the equipment supplied by the grantee if service is terminated for any reason, by the subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier.

(b) If the grantee does not mail a check for a refund to any subscriber disconnecting service with an outstanding credit within the next billing cycle or thirty days, whichever is earlier, the subscriber may request and is entitled to receive a ten dollar ($10.00) payment.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Grantee shall provide written notice to the City and subscribers at least thirty (30) days in advance of the implementation of changes in any of its rates and charges which are not subject to regulation by the City.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

(a) Service Availability.

(1) No person, firm or corporation in the existing service area of a grantee shall be arbitrarily refused service; provided, however, that the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge hereby authorized.

(2) A grantee shall not deny any cable service or otherwise discriminate against subscribers or others on the basis of race, color, religion, national origin, sex, age or sexual preference. A grantee shall strictly adhere to the equal employment opportunity requirements of federal, state or local governments and shall comply with all applicable laws and executive and administrative orders relating to non-discrimination.

(3) A grantee may not require the subscription to any tier other than the basic service tier as a condition of access to video programming offered on a per channel or per program basis. A grantee may not discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for video programming offered on a per channel or per program basis.

(4) A grantee will abide by all customer privacy requirements of federal and state law.

(b) Data Collection. A grantee's data collection and dissemination practices regarding subscribers shall be in compliance with the Cable Act (including Section 631) and state law.

(c) Revealing Subscriber Preferences.

(1) A grantee shall not reveal individual subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the subscriber.

(2) Such written consent, if given, shall be limited to a period of time not to exceed one (1) year or a term agreed upon by the grantee and subscriber.

(3) A grantee shall not condition the delivery or receipt of cable services to any subscriber on any such consent.

(4) Such a subscriber may revoke without penalty or cost any consent previously made by delivering to the grantee in writing a substantial indication of his intent to so revoke.

(d) Revealing Subscriber Lists. A grantee shall not reveal, or sell, or permit the release or sale of its subscriber list without the prior affirmative written consent of each subscriber, provided that the grantee may use. its subscriber list as necessary for the construction, marketing, and maintenance of the grantee's services and facilities authorized by its franchise, and the related billing of subscribers for cable services. Consistent with applicable law, City may use grantee's subscribers list for the purpose of communication with subscribers in connection with matters relating to operation, management, and maintenance of the cable system.

(e) Other Persons Affected. This section shall apply to all of the following as well as to any grantee:

(1) Officers, directors, employees and agents of the grantee;

(2) General and limited partners of the grantee;

(3) Any person or combination of persons owning holding or controlling five percent (5%) or more of any corporate stock or other ownership interest of the grantee;

(4) Any affiliated or subsidiary entity owned or controlled by the grantee, or in which any officer, director, stockholder, general or limited partner or person or group of persons owning, holding or controlling any ownership interest in the grantee, shall own, hold or control five percent (5%) or more of any corporate stock or other ownership interest;

(5) Any person, firm or corporation acting or serving in the capability of holding or controlling company of the grantee.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Under normal operating conditions, grantee shall provide written or oral notice, in light of circumstances, prior to entering any private property.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)

Subscribers shall be given at least thirty (30) days' written notice of any scrambling of a channel, and any descrambling of a channel(s) containing R-rated or stronger programming. Subscribers do not need to be notified of blackout periods required of the grantee by programmers.

(Sec. 1 (part), Ord. 06-016, eff. Nov. 17, 2006)