Pleasant Hill Municipal Code Art. IV Customer Service

A. Subscribers have the right to receive, and a 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 they have met financial and other obligations to the cable operator. In the event that the cable operator elects to overbuild, 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.

B. Upon the expiration, revocation or termination of the franchise, the operator shall, upon request of the city, continue to operate the cable system for a period of time not to exceed six months from the date of such expiration, revocation or termination under the terms and conditions of this chapter and its franchise agreement, and to provide the regular subscriber service and any and all of the services that may be provided at that time, and to retain all revenues received after payment of all costs and expenses arising in the ordinary course of business prior to the expiration, revocation, or termination.

C. A cable operator shall forfeit its rights to notice and a hearing, and the city council may, by resolution, declare its franchise immediately terminated, in addition to any other relief or remedies the city may have under this chapter, a franchise agreement, or other applicable law, if:

1. The cable operator fails to provide cable service in accordance with its franchise over a substantial portion of the franchise area for 96 consecutive hours, unless the city authorizes a longer interruption of service or the failure is due to force majeure, as characterized in a franchise agreement; or

2. The cable operator, for any period, willfully and without cause refuses to provide cable service in accordance with its franchise over a substantial portion of the franchise area.

(Ord. 815 § 1, 2006)

A. A cable operator shall comply at all times with all applicable laws, rules, and regulations including the terms of its franchise relating to nondiscrimination.

B. All of a cable operator's rates and charges shall be published and nondiscriminatory. Except as provided hereunder, a cable operator shall establish rates and charges for all subscribers without regard for race, color, religion, age, sex, marital or economic status, national origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the cable operator's franchise area (except as permitted by any provision of a franchise agreement related to the length of subscriber drops or line extensions).

Nothing in this section shall be construed to prohibit the temporary reduction or waiving of rates and charges in conjunction with promotional campaigns or discounted rates for provision of cable services to multiple-unit buildings. Notwithstanding the foregoing, the cable operator may offer service to senior citizens at discounted rates.

C. A cable operator shall not deny cable service, or otherwise discriminate against subscribers, PEG access programmers or any other persons, on the basis of type of dwelling unit, race, color, religion, age, sex, marital or economic status, national origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the franchise area (except as permitted by any provision of a franchise agreement related to the length of subscriber drops or line extensions).

D. A cable operator shall not take any retaliatory action against a subscriber because of the subscriber's exercise of any right it may have under federal, state, or local law, nor may the cable operator require a subscriber to waive such rights as a condition of service.

(Ord. 815 § 1, 2006)

A franchise agreement may require a cable operator to maintain a local business office in a location specified in the franchise agreement which shall be open during the hours specified in the franchise agreement.

(Ord. 815 § 1, 2006)

A. The operator shall design, construct and maintain the cable system to pass every dwelling unit in the franchise area, subject to any limitations specified in a franchise agreement.

B. Standard line extension policy shall be 150 aerial feet, 125 feet underground. If the aerial or underground connection for service to a subscriber's location (sometimes known as a "drop") requires no more than a 150-foot aerial extension or 125-foot underground extension measured from the nearest street (unless the operator has obtained a waiver from the city), the operator shall provide the connection to its service at no charge for the initial 150 feet or 125 feet, as applicable, other than the operator's standard installation fee. This provision applies only to extensions from cable plant to a dwelling unit.

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

(Ord. 815 § 1, 2006)

A cable operator shall provide service to all dwelling units within the city (subject to the limitations on line extensions in PHMC § 13.15.370) pursuant to the following requirements:

A. In any case in which either no new drop is required, or a new drop is required of no more than the standard underground or above-ground length prescribed by PHMC § 13.15.370, Line extensions, as measured from the nearest active or required feeder line along a reasonably direct route, a 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 standard underground or above-ground drop length, as applicable, a 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 the standard underground or above-ground drop length, as applicable, a 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 the applicable drop length.

B. Upon receiving a request for new service, a 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.

(Ord. 815 § 1, 2006)

A. Upon receipt of a request for service in the event of the following circumstances (each a "service request"), the cable operator shall respond as follows: (1) to a system outage within two hours; (2) to a service interruption 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. A service interruption is the loss of picture or sound on one or more channels. A system outage is a service interruption resulting from a common cause that affects more than two subscribers.

B. When the nature of a service request described in subsection A of this section requires work at a service location, a cable operator will be deemed to have responded to such service request 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 a request for service at a subscriber's residence, if 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 a cable operator is unable to respond to a service request 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 request at the earliest possible time.

D. A cable operator shall complete repairs and maintenance for system outages and service interruptions within 24 hours, except in extenuating circumstances or as agreed to between the cable operator and the subscriber. Work on all other requests for service, other than installation, shall be completed within three days of the initial request.

E. The time standards in PHMC § 13.15.380, New service requests, shall be met at least 95% of the time, measured on a quarterly basis.

(Ord. 815 § 1, 2006)

A. All appointments for service, installation, or disconnection shall be specified by date. With the approval of the subscriber, 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, a cable operator shall make reasonable efforts to promptly notify the subscriber in advance and reschedule the appointment. Under normal operating conditions, 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.

B. 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 of $20.00, or such other remediation as may be agreed to between the subscriber and the cable operator, if the missed appointment is for a service call. Alternatively, subscribers may pursue their remedies pursuant to Civil Code section 1722.

(Ord. 815 § 1, 2006)

Where service interruptions are planned, a cable operator shall notify subscribers and the city at least 48 hours before the anticipated service interruption; provided, that no notification shall be required for service interruptions that require less than two hours' interruption of service and that also occur between 1:00 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. 815 § 1, 2006)

The cable operator shall provide 30 days' advance written notice to subscribers and the city of any change in channel assignment or in the video programming service provided over any channel, unless this requirement is waived by the city or by operation of federal or state law, or due to events beyond the reasonable control of the operator.

(Ord. 815 § 1, 2006)

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

B. Customer service response. At a minimum, a cable operator shall have on duty a sufficient number of customer service representatives available to handle customer calls during normal business hours. 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. Each cable operator shall at all times provide a telephone system meeting the following requirements:

1. Each cable operator shall maintain a phone system for purposes of promptly responding 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 normal business hours.

3. Under normal operating conditions, during normal business hours, telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed 30 seconds. 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 3% of the total time that the telephone system is staffed by customer service representatives. These standards shall be met no less than 90% of the time measured quarterly.

4. Each cable operator shall, by means of automatic monitoring equipment, track all customer service telephone calls and prepare quarterly 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 agreed to in the franchise agreement.

5. In cases of major system outages or major service interruption, a cable operator may provide a recorded message informing customers of the problem and a reasonable estimate under the circumstances of the correction time as long as customers are still able to reach a customer service representative.

6. In cases where a 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. 815 § 1, 2006)

The cable operator shall keep a computer log or written record of (1) service calls and complaints which require the dispatch of a service vehicle to respond to the service call or complaint, and (2) calls regarding outages, regardless of whether a service vehicle was dispatched, together with the disposition of all such calls. Records kept in the ordinary course of business 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 only his or her own records. The log or record shall be available for inspection by the city, in the presence of the affected subscriber, 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.

(Ord. 815 § 1, 2006)

Upon reasonable request or complaint by a subscriber, a 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. 815 § 1, 2006)

Each cable operator shall send or deliver to all new and reconnected subscribers, in writing, and to all subscribers at least once a year, 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 protections and disconnection and reconnection policy. Each cable operator shall provide a copy of such information to the city concurrent with its distribution to the cable operator's subscribers.

(Ord. 815 § 1, 2006)

Upon connection or reconnection to the system and at least once a year, a 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. Each cable operator shall provide a copy of such information to the city concurrent with its distribution to the cable operator's subscribers.

(Ord. 815 § 1, 2006)

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 chapter or in a franchise agreement, the city council shall have the right and authority to require a 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, by an engineer, accountant or other consultant selected by the city and not on the permanent staff of the cable operator or the city, at the city's cost. 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. 815 § 1, 2006)

In the event of repeated 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 take steps to ensure compliance with such standards.

(Ord. 815 § 1, 2006)

A. Bills for service shall be on a regular cycle, on a monthly basis. Nothing in this section shall prohibit voluntary prepayment of services by subscribers; provided, that a 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. Each bill 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 numbers listed on the bill. Bills shall not list the city's telephone number in a manner that causes confusion to the public.

B. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, level of 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, a 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, a cable operator shall submit a sample bill to the city for review and comment.

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 in a manner consistent with applicable law.

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.

(Ord. 815 § 1, 2006)

A. Except for loss of service beyond the reasonable control of a cable operator, after notification from a subscriber of a service interruption or system outage and following reasonable notice and 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 outage or service interruption continues. In addition, in cases where, within any seven-day period, there have been more than six 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 a system outage or service interruption affect a pay-per-view or other similarly priced per-event service, the subscriber shall, upon request, be credited the charges for such service.

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

(Ord. 815 § 1, 2006)

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

(Ord. 815 § 1, 2006)

Each cable operator shall make available to subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any channels offered by the operator.

(Ord. 815 § 1, 2006)

A cable operator shall comply with all federal laws in relation to privacy issues.

(Ord. 815 § 1, 2006)

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, remove or injure any cables, wires or equipment used for distribution of television signals, radio signals, pictures, programs or sound.

(Ord. 815 § 1, 2006)