Humboldt County Municipal Code Ch. 4 Miscellaneous

Sections: Captions. Calculation of Time. Severability. Connections to Cable System; Use of Antennae. Discrimination Prohibited. Confidential Information. Transitional Provisions. 854-1. Captions. The captions to sections throughout this Division are intended solely to facilitate reading and reference to the sections and provisions of this Division. Such captions shall not affect the meaning or interpretation of this Division. (Ord. 2316, § 1, 4/20/2004)

854-2. Calculation of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Division or any Franchise, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time. (Ord. 2316, § 1, 4/20/2004) 854-3. Severability. If any term, condition, or provision of this Division shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the County and shall thereafter be binding on the Franchisee and the County. (Ord. 2316, § 1, 4/20/2004) 854-4. Connections to Cable System; Use of Antennae. (a) Subscriber right to attach. To the extent consistent with federal law, Subscribers shall have the right to attach VCR’s, receivers, and other terminal equipment to a Franchisee’s Cable System. Subscribers also shall have the right to use their own remote control devices and converters, and other similar equipment. (Ord. 2316, § 1, 4/20/ 2004) (b) Removal of existing antennae. A Franchisee shall not, as a condition of providing service, require a Subscriber or potential subscriber to remove any existing antenna, or disconnect an antenna except at the express direction of the Subscriber or potential Subscriber, or prohibit installation of a new antenna, provided that such antenna is connected with an appropriate device and complies with applicable law. (Ord. 2316, § 1, 4/20/2004) 854-5. Discrimination Prohibited. (a) No retaliatory actions. A Cable Communications System Operator shall not discriminate among persons or the County or take any retaliatory action against a person or the County because of that entity’s exercise of any right it may have under federal, state, or local law, nor may the Operator require a Person or the County to waive such rights as a condition of taking service. (Ord. 2316, § 1, 4/20/2004) (b) Employment and hiring practices. A Cable Communications System Operator shall not refuse to employ, discharge from employment, or discriminate against any Person in compensation or in terms, conditions, or privileges of employment because of race, color, creed, national origin, sex, sexual orientation, age, disability, religion, ethnic background, or marital status. A Cable Communication System Operator shall comply with all federal, state, and local laws and regulations governing equal employment opportunities, and hiring practices, as the same may be amended from time to time. (Ord. 2316, § 1, 4/20/2004)

854-6. Confidential Information. Access to Cable Communication Ssytem Operator’s records shall not be denied to the County on the basis that said records contain proprietary information. Refusal to provide information to the County required herein, or required in a Franchise or License shall be grounds for franchise revocation. Subject to applicable law, including the California Public Records Act, California Government Code Section 6250 et seq., the County shall keep any information which is marked “proprietary” or “confidential” (and, under applicable law, deemed “proprietary” or “confidential”) submitted by Franchisee or Licensee as required under this Ordinance or by a Franchise or License (“Information”) in confidence, as comtemplated by California Government Code Section 6254.15. In the event that the County believes requested Information must be disclosed, the County shall not disclose the Information or any part thereof to any third party, government agency or regulatory body seeking to inspect or obtain the Information under a California Public Records Act request without first informing Cable Communication System Operator of such request and affording the Cable Communication System Operator the opportunity to resist such disclosure at its sole cost and expense. The County shall not be liable to Cable Communication System Operator for any submission or disclosure of such Information to a third party as required by applicable law or to a government agency or regulatory body seeking the Information and claiming jurisdiction in any of these events. Nothing in this Section shall limit the right of the Cable Communication System Operator to contest disclosure or submission to a third party as required by law or to a government agency or regulatory body asserting jurisdiction over it or such subject matter before such disclosure shall be effected. (Ord. 2316, § 1, 4/20/2004) 854-7. Transitional Provisions. (a) Persons operating without a Franchise. The Operator of any facility installed as of the effective date of this Ordinance, for which a Franchise is required under this Ordinance, shall have three months from the effective date of this Ordinance to file one or more applications for a Franchise. Any Operator timely filing such an application under this Section shall not be subject to a penalty for failure to have such a Franchise so long as said application remains pending; provided, however, nothing herein shall relieve any Cable Communications System Operator of any liability for its failure to obtain any permit or other authorization required under other provisions of the Humboldt County Code, and nothing herein shall prevent the County from requiring removal of any facilities installed in violation of the County Code. (Ord. 2316, § 1, 4/20/2004) (b) Persons holding Franchises. Any Person holding an existing Franchise for a Cable Communications System may continue to operate under the existing Franchise to the conclusion of its present term (including any renewal or extension thereof) with respect to those activities expressly authorized by the Franchise; and provided further that, such Person shall be subject to the other provisions of this Division to the extent permitted by law. (Ord. 2316, § 1, 4/20/2004; Ord. 2336, § 1, 1/18/2005) (c) Persons with pending applications. Pending applications shall be subject to this Ordinance. A Person with a pending application shall have 30 days from the effective date of this Ordinance to submit additional information to comply with the requirements of this Ordinance governing applications. (Ord. 2316, § 1, 4/20/2004)

APPENDIX A TO DIVISION 5 OF TITLE VIII CUSTOMER SERVICE STANDARDS A Franchisee shall comply with the customer service and reporting requirements contained herein, or as amended. These requirements include but are not limited to the requirements set forth in FCC regulations, including 47 C.F.R. §76.309 and other applicable law. To the extent the provisions of this section differ from applicable FCC regulations or any applicable law, the provision or provisions that impose the highest standard or greatest legal duties or obligations upon the Franchisee shall take precedence, unless a different order of precedence is expressly set forth herein. 1. Office Availability.

Each Franchisee will maintain offices at convenient locations in Humboldt County that will be open for walk-

in traffic at least ten (10) hours per day (except legal holidays) Monday through Friday, with some evening hours, and at least five (5) hours on Saturday to allow Subscribers to pay bills, drop off equipment and to pick up equipment.

Each Franchisee will perform service calls, installations, and disconnects at least ten (10) hours per day

Monday through Saturday, except legal holidays; provided, that a Franchisee will respond to outages twenty-four (24) hours a day, seven (7) days a week. 2. Telephones. All Call Response statistics shall be measured on the basis of call response statistics in all call centers that serve Subscribers. If the call centers serve Subscribers located in other communities, the Franchisee shall insure that call center representatives do not give priority or preferential treatment to Subscribers located in other communities. A. Definition of Call Response terms: i. Answer time is the interval between when the Franchisee receives a call and when an interactive voice response (IVR) or agent answers. ii. Speed of Answer is the amount of time between when the customer is transferred into the agent queue from either an IVR or an agent and the time an agent answers. iii. Calls Abandoned is the percentage of calls in any agent queue that are abandoned. iv. Trunks Busy represents the percentage of time customers receive a busy signal when they call customer service during normal business hours.

Each Franchisee will establish a publicly listed local toll-free telephone number. Customer

servicerepresentatives must answer the phone at least ten (10) 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 will be answered so that customers can register complaints and report service problems on a twenty-four (24) hour per day, seven (7) day per week basis, and so that the Franchisee can respond to service outages as required herein.

All appointments for service, installation, or disconnection will be specified by date. Each Franchisee will set

a specific time at which the work will be done, or offer a choice of time blocks, which will not exceed four (4) hours in length. A Franchisee may also, upon request, schedule service installation calls outside normal business hours, for the express convenience of the customer.

If at any time an installer or technician is late for an appointment and/or believes a scheduled appointment

time will be missed, an attempt to contact the customer will be made before the time of appointment 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.

If the Franchisee makes reasonable and no less than three (3) attempts to confirm an appointment during

the scheduled appointment time or appointment window and is unsuccessful in obtaining such confirmation, the Franchisee may assume that the customer has cancelled the appointment.

Service Standards.

Under normal operating conditions, requests for service, repair, and maintenance must be acknowledged by

a trained customer service representative within twenty-four (24) hours, or before the end of the next business day, whichever is earlier.

Under normal operating conditions, repairs and maintenance for outages or service interruptions must be

completed within twenty-four (24) 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.

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 (5) business days from the date of the initial request.

A Franchisee will not cancel a service or installation appointment with a customer within 24 hours of the

appointment or after the close of business on the business day preceding the scheduled appointment, whichever is earlier.

Requests for additional outlets, service upgrades or other connections (e.g., DMX, VCR, NB switch) separate

from the initial installation will be performed within seven (7) business days after an order has been placed.

Under normal operating conditions, the service standards set out in Sections 4.1-4.7 will be met at least

ninety-five (95) percent of the time, measured on a quarterly basis.

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. 5. Disabled Services. With regard to Subscribers with disabilities, upon Subscriber request, each Franchisee will 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). 6. Notice to Subscribers regarding Service. A Franchisee will provide each Subscriber at the time service is installed, and annually thereafter, clear and accurate written information:

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);

Detailing current rates and charges (which must include the least expensive tier of service available), channel

positions, services provided, delinquent Subscriber disconnect and reconnect procedures; information regarding the availability of parental control devices, the conditions under which they will be provided and the cost (if any) charged;

Describing any discounts, services, or specialized equipment available to Subscribers who are Seniors or

with disabilities; explaining how to obtain them; and explaining how to use any accessibility features. 7. Notices to Humboldt County. Franchisee will provide Humboldt County with copies of all notices provided to its Subscribers pursuant to these standards. 8. Changes in Noticed Information. Franchisee will provide the County Administrative Officer (or designee) at least sixty (60) days, and all Subscribers at least thirty (30) days, written notice of any material changes in the information required to be provided under these standards, except that, if federal law establishes a shorter notice period and preempts this requirement, the federal requirement will apply. 9. Truth in Advertising. Each Franchisee will 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 will 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 (1) year from the date of such notice or promotional offer.

Interruptions of Service. A Franchisee shall inform Subscribers and Humboldt County, three (3) days prior to any scheduled or planned interruption of service for planned maintenance or construction; provided, however, that planned maintenance that does not require more than one (1) hour interruption of service and/or that occurs between the hours of 12:00 a.m. and 6:00 a.m. will not require such notice to Subscribers, and notice to Humboldt County must be given no less than twenty-four (24) hours before the anticipated service interruption. 11. Prorated Billing. A Franchisee’s first billing statement after a new installation or service change will be prorated as appropriate and will reflect any security deposit. 12. Billing Statement.

A Franchisee’s billing statement must be clear, concise, and understanda ble; must itemize each category of

service and equipment provided to the Subscriber; and must state clearly the charges therefor.

A late fee or administrative fee (collectively referred to below as a "late fee") may not be imposed for

payments earlier than twenty-seven (27) days after the due date specified in the bill.

A late fee may not be imposed unless the Subscriber is provided written notice at least ten (10) 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 $10.00 and may not exceed $5.00.

Subscribers will 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 will be considered timely if postmarked on the due date.

A Franchisee’s bill must permit a Subscriber to remit payment by mail or in person at the franchisee’s local

office.

Credit for Service Impairment.

A Subscriber’s account will 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 (4) hours during any twenty-four (24) hour period; or automatically if the loss of service or impairment is for twenty-four (24) hours or longer.

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). 14. Billing Complaints. Franchisee will respond to all written billing complai nts from Subscribers within thirty (30) days. 15. Billing Refunds. Refunds to Subscribers will be issued no later than

The date of return of all equipment to Franchisee, if Cable Service has been terminated.

Credits for Cable Service. Credits for Cable Service will be issued no later than the Subscriber’s next billing cycle after the determination that the credit is warranted. 17. Disconnection/Downgrades.

A Franchisee will promptly disconnect from the Franchisee’s Cable System or downgrade any Subscriber

who so requests. No charges for service may be made after the Subscriber requests disconnection. No period of notice before voluntary termination or downgrade of Cable Service may be required of Subscribers by any Franchisee. 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.

Security Deposit. Any security deposit and/or other funds due a Subscriber that disconnects or downgrades service will be returned to the Subscriber within thirty (30) 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 (30) days of the date the equipment was recovered, or in the next billing cycle, whichever is later. 19. Disconnection due to Nonpayment.

If the Subscriber pays all amounts due, including late charges, before the date scheduled for disconnection,

the Franchisee will not disconnect service. Service may only be terminated on days in which the customer can reach a representative of the Franchisee either in person or by telephone.

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 will promptly reinstate service. 20. Immediate Disconnection. A Franchisee may immediately disconnect a Subscriber if:

The Subscriber is damaging, destroying, or unlawfully tampering with or has damaged or destroyed or

unlawfully tampered with the Franchisee’s Cable System;

The Subscriber is not authorized to receive a service, or is facilitating, aiding or abetting the unauthorized

receipt of service by others; or

After disconnection, the Franchisee will 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 these standards 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 (3) business days in advance of disconnection, and the Subscriber has failed to correct the leakage within that time. 21. Franchisee’s Property. Except as applicable law may otherwise provide, a Franchisee may remove its property from a Subscriber’s premises within thirty (30) 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. 22. Deposits. A Franchisee may require a reasonable, nondiscriminatory 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. 23. Parental Control Option. Without limiting a Franchisee’s obligations under Federal law, 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. 24. Penalties. Pursuant to California Government Code § 53088.2, and any successor statute or regulation, penalties will be assessed against a Franchisee for any breach of these customer service standard.

Notwithstanding the requirements of these standards, the County Administrative Officer is authorized to relieve a Franchisee of any obligation set forth herein, if

In light of the number of customers served by a cable Operator, a requirement of these standards is in the

County Administrative Officer’s sole discretion, unduly burdensome and there is an alternative way to serve the same interest. APPENDIX B TO DIVISION 5 OF TITLE VIII APPLICATION FOR OVS FRANCHISE 1. Please provide the following information on a separate attachment: a. The name and address of the Applicant. b. Identify who owns and controls the Applicant. Your answer should list the names and addresses of the ten (10) largest holders of an ownership interest in the Applicant the names and addresses of all persons in the Applicant’s direct ownership chain, showing their relation to one another. If there are contracts for the management and operation of the OVS, or arrangements for use of the OVS by an Affiliate, the entities involved and their ownership, and their relationship to the Applicant should be described. 2. Please provide information sufficient to show that you have the technical resources to construct and maintain the proposed OVS. Identify the companies and personnel that will be involved in the construction and maintenance, and references for the entities identified. 3. Please check the appropriate box. Yes No ? ? Is Applicant willing to comply with the provisions of the Humboldt County Code and other applicable laws; and to comply with such requirements of an OVS Agreement as the Humboldt County may lawfully require? ? ? Does Applicant, or its affiliates hold a cable system Franchise for Humboldt County Humboldt County, or have a pending request a cable system Franchise (whether a initial or renewal Franchise, or transfer request)? ? ? Has Applicant had a request for cable or OVS Franchise denied by Humboldt County?

? ? If so, did the denial occur, or was a challenge to the denial resolved adversely to Applicant, in the last 36 months? ? ? Has Applicant had cable or OVS Franchise revoked by Humboldt County? ? ? If so, did the revocation occur, or was a challenge to the revocation resolved adversely to Applicant, in the last 36 months? ? ? Does Applicant must have the necessary authority under California and federal law to operate an OVS? (If yes, please provide proof of the authorization). ? ? During the ten (10) years preceding the submission of the Application, was Applicant found guilty of violating an consumer protection laws, or laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct? ? ? Does an elected official of the Humboldt County hold a controlling interest in the Applicant or an Affiliate of the Applicant? In any case where the answer to a question was "yes," please provide a detailed explanation of your answer. 4. Please provide a statement prepared by a certified public accountant showing that Applicant has the financial resources necessary to construct and operate the OVS as proposed. 5. Please identify the area of the Humboldt County that will be served by the OVS, with accompanying maps. 6. Provide a schedule for construction of the OVS, including an estimate of plant mileage and its location; whether or not an institutional network will be con structed information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities; and a description, where appropriate, of how services will be converted from existing facilities to new facilities. 7. Describe in detail the channels, facilities and other support you propose to provide for public, educational and government use of the system. The undersigned hereby certifies the truth and accuracy of the information in the Application, and all attachments thereto, acknowledges the enforceability of Application commitments, and certifies that the Application meets all requirements of Applicable Law. FOR:_____________________________ BY_____________________________ ITS_____________________________ Subscribed and sworn before me this ____ day of ____, ________.

§ 855-1. § 855-2. § 855-3. § 855-4. § 855-5. § 855-6. § 855-7.