Highland Municipal Code Div. III Customer Service

Customers have the right to receive, and the cable operator has the obligation to provide, efficient service, high-quality reception, prompt repairs and service interrupted only for good cause and for the shortest possible time. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obligations to the cable operator are honored. In the event that the cable operator elects to over build, rebuild, modify, or sell the system, or the city council gives notice of intent to terminate or fails to renew this franchise, the cable operator shall act so as to ensure that all subscribers receive continuous, uninterrupted service.

(Ord. 277 § 3, 2002)

The cable operator shall not deny service or access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, sex, age, disability or occupation. Nothing in this section shall be deemed to prohibit senior discounts.

(Ord. 277 § 3, 2002)

The cable operator shall maintain a local business office in a location specified in the franchise agreement which shall be open to the public at least nine hours per day each weekday and at least four hours per day on weekends.

(Ord. 277 § 3, 2002)

A. The cable operator must extend and make cable television service available to every business location (other than home occupations) unless, due to the low density of businesses in a particular area, the city waives this requirement. The cable operator must extend and make cable television service available to every dwelling unit within three months in any unserved area reaching the average density of 10 occupied residential dwelling units per one-quarter mile, as measured from the nearest active coaxial feeder line. Extension of cable television service to any unserved area satisfying the foregoing requirements will be subject to the following:

1. Each occupied residential dwelling unit must be located within a distance of no more than 150 feet from the anticipated location of such extension; provided, that an occupied residential dwelling unit located more than this distance from the anticipated location of such extension shall be counted if the owner or occupant agrees to pay the cable operator an additional amount not to exceed the actual time and materials cost of the portion of the drop to such residential dwelling unit exceeding 150 feet; and

2. The cable operator is able to secure all necessary easements or rights-of-way for purposes of locating its cable systems in the area of such extension.

B. In areas not meeting the requirements for mandatory extension of service, the cable operator shall provide, upon the request of a potential subscriber desiring service, an estimate of the reasonable costs required to extend service to said subscriber, including materials, labor, overhead and private easements, if necessary. The cable operator shall then extend service within four months upon request of said potential subscriber, who shall be responsible for all reasonable costs associated with the extension. The cable operator may require advance payment or assurance of payment satisfactory to the cable operator.

(Ord. 277 § 3, 2002)

A. The cable operator shall provide service to all dwelling units and all business locations within the city (subject to the limitations on line extensions in HMC § 5.22.239) pursuant to the following requirements.

B. In any case in which either no new drop is required, or a new aerial drop is required of no more than 150 feet measured from the nearest point of the cable system to the nearest point on the structure to be served, or a new underground drop is required of 75 feet or less as measured from the nearest point of the cable system to the nearest point on the structure to be served, the cable operator shall make cable service available at the standard connection charge within seven days of receipt of any service request. In any case in which a new drop is required which is longer than the foregoing standards, the cable operator shall make cable service available at the standard connection charge within 14 days of receipt of any service request. Notwithstanding the foregoing, if the service request requires a drop in excess of 150 feet, the cable operator may charge the business or resident requesting service an additional amount which shall not exceed the actual time and materials cost of the drop in excess of 150 feet.

C. Upon receiving a request for new service, the cable operator shall make reasonable efforts to promptly acquire all easements or rights of occupancy necessary for extension of service to such resident's home and not already secured by the cable operator. The cable operator shall not be required to install service until such easements or rights of occupancy have been acquired.

(Ord. 277 § 3, 2002)

A. Upon receipt of a service complaint, the cable operator shall respond as follows: (1) to a system outage of one or more channels, within two hours; (2) to an individual outage of one or more channels, within 24 hours; and (3) to all other reception problems, by the next working day or as agreed upon by the subscriber and the cable operator. The cable operator shall have available at all times a sufficient number of technicians capable of responding to the foregoing matters within the foregoing time frames.

B. The cable operator will be deemed to have responded to a service complaint when a field service representative competent to fix the problem arrives at the service location (which may be some portion of the cable system and not a subscriber's residence) and begins work on the problem. In the case of a response which involves request for service at a subscriber's residence, and the subscriber is not home when the field service representative arrives, response will be deemed to have taken place if the field service representative leaves notification of arrival and instructions for rescheduling on the subscriber's front door.

C. Where the cable operator is unable to respond to a service complaint within the applicable time period specified in this section, the cable operator shall make reasonable efforts, within such time period, to notify the complainant of the reason(s) and the estimated time frame for correction, and shall proceed to correct the service complaint at the earliest possible time.

(Ord. 277 § 3, 2002)

All appointments for service, installations, or disconnection shall be specified by date. At the subscriber's option, weekday service calls shall be scheduled as morning or afternoon appointments during specified four-hour blocks of time. For service calls responding to system or individual outages, holiday and weekend scheduling shall also be available. If the appointment cannot be kept, the cable operator shall make reasonable efforts to promptly notify the subscriber in advance and reschedule the appointment. A cable operator may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment.

Subscribers who have experienced a missed appointment due to the fault of a cable operator shall receive installation free of charge (if the appointment was for installation). The subscriber shall receive a credit against the basic service charge in the minimum amount of $20.00 if the missed appointment is for a service call. Alternatively, subscribers may pursue their remedies pursuant to Civil Code Section 1722.

(Ord. 277 § 3, 2002)

Where service interruptions of one hour duration or longer are planned, the cable operator shall notify subscribers at least 24 hours before the anticipated interruption; provided, that no notification shall be required for service interruptions occurring between 2:00 a.m. and 6:00 a.m. Notification need not be repeated before each anticipated interruption as long as the initial notification advises of the possibility of repeated interruptions during a specified period not to exceed one month. To the extent feasible, the cable operator shall avoid interruptions between 5:00 p.m. and midnight.

(Ord. 277 § 3, 2002)

The cable operator shall notify subscribers of any changes in programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notices must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the cable operator. Cable operator shall provide a copy of all notifications to the city and shall make its best effort to do so at least seven days in advance of the distribution to subscribers. If the subscriber notice is not timely provided, the proposed change may not occur until and unless the proper notice is provided.

(Ord. 277 § 3, 2002)

A. The cable operator shall render efficient telephone communication service, sufficiently staffed by knowledgeable courteous personnel.

B. Customer Service Response. At a minimum, the cable operator shall have on duty a sufficient number of customer service representatives available to handle customer calls during all hours that the business office is open. During times not handled by customer service representatives, each system must have a capable answering service for repair requests or service complaints. Answering machines are not acceptable, except for automated response units that are used to process and route calls to on-duty personnel of the cable operator.

C. Telephone System Requirements. The cable operator shall at all times provide a telephone system meeting the following requirements:

1. Each cable operator shall have a phone system with sufficient capacity to promptly respond to telephone calls. Telephone numbers for customer service shall be listed in a local telephone directory. All telephone lines for customer service shall be toll free to subscribers within the franchise area.

2. Knowledgeable, qualified customer service representatives shall be available to respond to customer telephone inquiries during all hours that the business office is open.

3. Under normal operating conditions, telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed 30 seconds from the completion of the first ring from the local telephone company, or if cable operator's telephone is configured to answer prior to the first ring from the time of call connection from the local telephone company. Those systems which utilize automated answering and distributing equipment shall limit the number of routine rings to four or fewer. Systems not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems. Under normal operating conditions, the customer shall receive a busy signal less than three percent of the total time that the telephone system is staffed by customer service representatives. These standards shall be met no less than 80 percent of the time measured quarterly. If the city receives complaints indicating a significant problem in any telephone system, the city may require the cable operator to meet the above standards not less than 80 percent of the time measured over a 60-day period until such time as the performance is perceived to be satisfactory.

4. The cable operator shall, by means of automatic monitoring equipment, track all customer service telephone calls and prepare monthly summaries of all calls according to the criteria listed in subsection (C)(3) of this section. Such report shall be delivered to the city annually and, in addition, as requested by the city, between annual reports.

5. Notwithstanding subsection (C)(3) of this section, in cases of major system outages or major service interruption, the cable operator may provide a recorded message informing customers of the problem and probable correction time as long as customers are still able to reach a customer service representative.

6. In cases where the cable operator's existing telephone system cannot demonstrate compliance with the standards set forth in subsections (C)(3) or (4) of this section, the franchise agreement may specify comparable criteria for the cable operator's telephone system and the time frame for compliance with the standards set forth in this section.

(Ord. 277 § 3, 2002)

The cable operator shall keep a computer log or written record for at least three years of:

A. All service calls and complaints which require the dispatch of a service vehicle to respond to the service call or complaint; and

B. All calls regarding outages, regardless of whether a service vehicle was dispatched, together with the disposition of all such calls.

This record shall be available for public inspection by the affected subscriber at the local office of the cable operator during regular office hours such that each subscriber may examine his or her own records. The log or record shall be available for inspection by the city at any time at the local office of the cable operator during regular office hours. Before making a record available for inspection under this section, the cable operator may require reasonable advance notice, which shall in no event exceed one working day. Except where a subscriber has granted the city permission in writing to review subscriber's individually identifiable information, the cable operator shall redact from said log or record all individually identifiable subscriber information prior to delivery to or inspection by the city.

(Ord. 277 § 3, 2002)

Upon reasonable request or complaint by a subscriber, the cable operator shall, at its sole expense, perform such signal level tests as necessary to establish if a signal of requisite quality is being delivered to the subscriber's premises. The test shall be conducted at the subscriber's receiver and at other such locations deemed necessary by the cable operator, and a copy of the written test results shall be made available to the subscriber upon request.

(Ord. 277 § 3, 2002)

The cable operator shall send or deliver to all new and reconnected subscribers in writing and to all subscribers at least once a year, in a form easy to read and understand, information concerning the conditions of service, including but not limited to: rates, fees, charges, deposits, refunds of deposits, available levels of service (tiers), payment options, discounts (if any), service call policy, privacy protection and disconnection and reconnection policy. The cable operator shall provide a copy of such information to the city prior to its distribution to the cable operator's subscribers for review and comment.

(Ord. 277 § 3, 2002)

Upon connection on or reconnection to the system and at least once a year, the cable operator shall, by appropriate means, such as a card or brochure, printed notice on billing statement, or billing insert, furnish to each subscriber information concerning the procedures for making inquiries or complaints to the cable operator or the city, including the name, address and local telephone number of the cable operator and the city. The form and content of the complaint notice shall be subject to review and comment by the city.

(Ord. 277 § 3, 2002)

A. When there have been a significant number of complaints made, or where there exists other evidence which, in the judgment of the city, indicates a problem with the reliability or quality of cable service as required under this title or in the franchise agreement, the city council shall have the right and authority to request the cable operator to evaluate the performance, operation or administration of the cable system including without limitation matters relating to customer service. The cable operator shall fully cooperate with the city in performing such evaluation and shall prepare results and a report, if requested, within 30 days after notice. Such report shall include the following information:

1. The nature of the complaint or problem which precipitated the evaluation;

2. What system component, operation or service was evaluated;

3. The equipment used and procedures employed;

4. The method, if any, by which such complaint or problem could be or has been resolved; and

5. Any other information pertinent to the evaluation which may be required.

B. The city may require that evaluations be supervised, or conducted, at a cost to be paid by the cable operator, by an inspector, accountant or other consultant selected by the city and not on the permanent staff of the cable operator or the city. The engineer, accountant or other consultant shall sign all records of the evaluation and forward to the city such records with a report interpreting the results of the evaluation and recommending actions to be taken. The city's rights under this section shall be limited to evaluating specific subjects and characteristics based on complaints, circumstances or other evidence which cause the city to reasonably believe that evaluation is necessary to protect the public against substandard cable service.

(Ord. 277 § 3, 2002)

In the event of repeated and verifiable noncompliance with the customer service standards contained in this chapter, the city may, in addition to pursuing any other civil or criminal remedy, direct the cable operator to add sufficient personnel and/or telephone lines and equipment to ensure compliance with such standards.

(Ord. 277 § 3, 2002)

A. Bills for service shall be monthly. Nothing in this section shall prohibit voluntary prepayment of services by subscribers; provided, that the cable operator shall not be required to offer or accept any discount or other reduction in the amount paid by any subscriber for a voluntary prepayment of services. Bills shall include a listing of the cable operator's customer service telephone number in a manner that makes such number significantly more prominent than any other telephone number listed on the bill. Bills shall not list the city's telephone number in a manner that causes confusion to the public. All telephone numbers shall be listed on the bill in a form approved by the city.

B. 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 optional charges, rebates and credits.

C. In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days.

D. Before itemizing on subscriber bills any fees, taxes, assessments or other items payable to the city the itemization of which is not expressly authorized by state or federal statute or regulation, the cable operator shall submit a sample bill to the city for review and comment. In the event that the billing language proposed by the cable operator is misleading or incomplete, the cable operator shall modify the same as requested by the city or shall include a reasonable explanation as agreed to by the city and the cable operator.

E. Charges on a bill shall not be deemed delinquent and a subscriber shall not be subject to a late fee, so long as payment is received from the subscriber within 10 days after the end of the service period covered by the bill.

F. A cable operator shall only disconnect a subscriber's service for good cause. A cable operator shall not disconnect service for nonpayment until the cable operator has provided the subscriber with notice, provided on or after the due date of the subscriber's bill and separately from that bill or any other standard monthly bill, at least 10 days in advance of the disconnection. The notice shall specify the earliest date the disconnection will occur, the total payment required to avoid disconnection and the telephone number and office hours to contact a customer service representative. In no event shall disconnection for nonpayment occur less than 14 days after the end of any billing period for which charges are delinquent. If service is disconnected by the cable operator's personnel at or near the drop to the subscriber, such personnel shall first attempt to visit the subscriber and give the subscriber an opportunity to continue service by paying all accrued charges.

(Ord. 277 § 3, 2002)

A. Except for loss of service beyond the reasonable control of the cable operator, after notification from a subscriber of an individual or system outage and following the time frames set out in HMC § 5.22.241 for an opportunity to cure, the cable operator shall, upon request, credit the subscriber's account on a pro rata basis one-thirtieth of the subscriber's monthly rate for each day or portion of a day that the system or individual outage continues. In addition, in cases where, within any seven-day period, there have been more than six individual outages, system outages or service interruptions of 15 minutes or more, the cable operator shall, upon request, credit the subscriber's account for one-fourth of the subscriber's monthly rate. Should an individual or system outage affect a pay-per-view or other similarly priced per-event service, the subscriber shall, upon request, be credited the charges for such service. Credit shall be given under this section only if the subscriber has notified the cable operator of the outage within 48 hours of its occurrence and has provided access to the cable operator as necessary to correct the problem.

B. Nothing in this section shall prohibit the cable operator from giving other credits.

(Ord. 277 § 3, 2002)

The cable operator shall refund all subscriber deposits within 30 days of termination of service. Any outstanding balance, including the actual replacement cost of any equipment not returned by the subscriber, may be deducted from the deposit. The refund shall be mailed to the subscriber at no expense to the subscriber, or shall be tendered as otherwise agreed to by the subscriber.

(Ord. 277 § 3, 2002)

The cable operator shall provide subscribers, upon request, with a parental locking device or digital code that permits inhibiting the video portions of premium channels. The cable operator may charge a reasonable rate for such a device.

(Ord. 277 § 3, 2002)

A. The cable operator shall not sell, trade, broker, give access to or otherwise release to any person, without prior specific written authorization from each individual subscriber, any list which identifies individual subscriber viewing habits or subscription or channel or channels viewed or any list which contains the name, address and/or telephone numbers of individual subscribers. Such written authorization from each subscriber shall be solicited on a separate preprinted form written in plain English and plain Spanish clearly explaining the extent and nature of the information which the cable operator wishes to release, and how to revoke such authorization once granted. Such written authorization form shall be prepared in multiple copies, and the cable operator shall leave with the subscriber a true and complete and fully executed copy of the written authorization at the time signed by the subscriber. Any such written authorization is freely revocable by the individual subscriber upon written notice tendered by the affected subscriber to the cable operator, and the cable operator shall within five business days after receipt of a written revocation remove all of the individually identifiable subscriber information from any lists or records it subsequently distributes to any person.

B. The cable operator shall not place in a residence any equipment capable of being used by the cable operator for audio eavesdropping or video surveillance. In addition, the cable operator shall not activate any two-way communications capability of the system in a subscriber's residence, or use the system to gather information about the individual subscriber viewing habits, without the subscriber's informed written or electronic consent. Notwithstanding the above, the cable operator shall have the right to use the system to (1) obtain information necessary to render cable service or any other service provided by the cable operator to the subscriber, (2) verify receipt of cable service for billing purposes or (3) detect unauthorized reception.

(Ord. 277 § 3, 2002)

A. Neither the owner of any residential dwelling nor his agent or representative shall ask or demand any payment, service or gratuity in any form as a condition for permitting the installation of cable service to the dwelling unit occupied by a tenant or resident requesting service.

B. Neither the owner of any residential dwelling nor his agent or representative shall penalize, or charge or surcharge a tenant or resident or forfeit or threaten to forfeit any right of such tenant or resident, or discriminate in any way against such tenant or resident who requests or receives cable service from a cable operator operating under a valid and existing cable franchise issued by the city.

C. No person shall resell, without the express written consent of the cable operator and without a franchise from the city, where required, any cable service, program or signal transmitted by a cable operator operating under a franchise issued by the city. However, the owner of a multiple dwelling unit, under the auspices of a bulk cable service agreement with the cable operator, may charge tenants for cable service, so long as such charges do not exceed the charges made by the cable operator to the owner, plus a reasonable sum to reimburse the owner for necessary administration and billing.

D. Nothing in this section shall prohibit a person from requiring that cable system facilities conform to laws and regulations and reasonable conditions necessary to protect safety, functioning appearance and value of premises or the convenience and safety of persons or property.

E. Nothing in this section shall prohibit a person from requiring a cable operator to agree to indemnify the owner, or his agents or representatives, for damages or from liability for damages caused by the installation, operation, maintenance or removal of cable system facilities.

(Ord. 277 § 3, 2002)

No person, firm or corporation shall make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable system for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound; also, no person, without the consent of the owner, shall tamper with or remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Ord. 277 § 3, 2002)