Yucaipa Municipal Code Art. XXIX Customer Service Standards

Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.” The franchisee shall establish written customer service standards which shall be approved by the council.

(Ord. 205 § 3, 2001)

A franchisee shall not deny cable service or other communications services to its city facilities, including its public and educational access facilities, or otherwise discriminate against subscribers, channel users, employees or general citizens on the basis of race, color, religion, national origin, ancestry, sex, age, disability, income level or area in which they live within the franchise area. A franchisee shall not discriminate in service or rates between similar classes of subscribers similarly situated throughout the geographic area in which cable service is provided, except that franchisee may offer reasonable discounts to senior citizens or economically disadvantaged group’s or as otherwise may be authorized by law.

(Ord. 205 § 3, 2001)

A franchisee agrees to comply fully with all applicable state and federal laws relating to the protection of subscriber privacy, including, without limitation, Section 631 of the Communications Act of 1934 and any future amendments or related provisions. To the extent not preempted by federal law, in the event that part or all of such provisions are repealed or lessened the requirements in effect on the effective date of the repeal shall nevertheless continue to apply to a franchisee throughout the term of the remaining franchise.

(Ord. 205 § 3, 2001)

At the time of installation, the franchisee will provide each subscriber, free of charge, a card indicating the channel lineup for cable service. The franchisee will send a free replacement card to each subscriber whenever there is a change in the channel assignments; such card shall be sent within thirty (30) days of the change in channel assignment. The franchisee shall provide a printed program guide for basic service channels. If feasible, an electronic program guide is desired. It is the city’s understanding that premium program guides are included in the price of premium service. An electronic version of this card shall be provided to city in HTML format for inclusion in city WWW pages.

(Ord. 205 § 3, 2001)

A franchisee shall provide a local and a toll-free telephone number, a local office and adequately trained customer service representatives to receive and act upon requests for repairs and consumer complaints. Said telephone numbers shall be so operated that calls can be received and responded to on a twenty-four (24) hour basis, seven days a week, including weekends and holidays. When a regular customer service representative is not on duty, an adequately trained answering service or automated response unit shall take the name, address and telephone number of each caller to report back to the franchisee. The answering service or automated response unit shall be able to contact and dispatch a repair technician to meet the requirements of this section for a system service interruption. For non-emergency problems (e.g., requests for adding premium services), a franchisee’s customer service representative is to return the phone call to the customer the next business day after the customer’s call to the answering service or automated response unit. In addition, franchisee shall develop or cause to be developed a log which, at a minimum, contains and segregates the number and nature of calls made to its answering service or automated response unit from subscribers within the city on an ongoing basis, and the franchisee shall report this information, when requested by the cable administrator. For purposes of this section “adequately trained” includes the capability to provide for the dispatch of technical personnel and information as to business hours and appropriate telephone numbers for business hour contacts.

(Ord. 205 § 3, 2001)

If a subscriber states that he or she is unsatisfied with the response of a customer service representative, or asks to speak with a customer service supervisor or any qualified supervisor, the matter shall be immediately referred to a qualified supervisor for resolution. If no customer service supervisor or other qualified supervisor is available, the customer service representative must record the pertinent information and a qualified supervisor shall return the telephone call as promptly as possible, but in no event later than one business day. If that call does not achieve contact with the subscriber, the supervisor must utilize reasonable efforts to do so including, without limitation, calling periodically, leaving a telephone message or writing the subscriber to give a direct dial or extension number to reach the supervisor directly. If a subscriber remains dissatisfied with the resolution of his or her complaint following review by a qualified supervisor, the subscriber shall be referred to the manager or director of customer service for final resolution. The manager or director of customer service shall provide the customer with a follow up written response detailing the corrective measures taken by the franchisee within seven days of the customer’s initial call or complaint, a copy of which shall be sent to the cable administrator. For any such call or complaint which the manager or director of customer service fails to provide a written response within the time limit allowed, the franchisee shall automatically credit the complaining customer’s account in the amount of ten dollars ($10.00) on the next billing cycle.

(Ord. 205 § 3, 2001)

A customer service representative, manager or director must give his or her true name, or franchisee sanctioned pseudonym or identification number when so requested by a subscriber.

(Ord. 205 § 3, 2001)

Customers requesting installation and/or service shall be informed of all service delivery performance requirements at the time of requesting service, including the need to be at home (if applicable) or provide cash payment (if applicable for installations, connection or reconnections).

(Ord. 205 § 3, 2001)

Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

The franchisee shall maintain for one year a written record (or an equivalent stored on magnetic, electronic or optical media capable of reproduction in printed form by the franchisee) of all requests for installations and/or cable service which require a service call to a subscriber’s residence, place of business or other location, and their disposition, whether such requests are made by telephone, in writing, in person, or otherwise, including the name of the person requesting installation or service, the date and time of the request, the nature of the request, the date and time of the franchisee’s response, and a brief description of the response or the service problem reported and resolved. Said written, electronic or optical record shall be made available to the city within five working days upon receipt of notice. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

(Ord. 205 § 3, 2001)

Consistent with Section 4.20.114.42, franchisee shall furnish and maintain services to each person within the franchise area who makes a bona fide request to receive any service. Nothing in the ordinance codified in this title or the franchise agreement shall limit the right of the franchisee to deny service to any household or individual because of a negative credit or service history with the franchisee which may include nonpayment of bills or theft or damage to the franchisee’s equipment, or who has threatened or assaulted employees of the franchisee in the course of their employment provided that in the event service is denied, the franchisee will give written notice to the subscriber of his right to appeal to the cable administrator the franchisee’s decision to deny service.

(Ord. 205 § 3, 2001)

All charges for basic service must be applied on a nondiscriminatory basis for similar classes of subscribers similarly situated provided, however, that the franchisee may, among other things, conduct promotional campaigns in which rates are discounted or waived.

(Ord. 205 § 3, 2001)

A franchisee may require refundable deposits in circumstances consistent with reasonable business practices, including where such deposits are necessary to protect equipment or to ensure payment where there is reasonable evidence of a risk of nonpayment. Upon termination of service for any reason, subscribers will be entitled to receive a refund of the deposits, subject to (i) an offset or credit for all outstanding obligations of the subscriber to the franchisee, including outstanding service charges, and (ii) return of all equipment provided by the franchisee in connection with the services received by the subscriber.

(Ord. 205 § 3, 2001)

Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

A franchisee shall not, except to the extent expressly permitted by law, impose any fee or charge on any subscriber for: (i) any service call to said subscriber’s premises to perform any repair or maintenance work related to franchisee installed equipment necessary to receive service, except any such work which was necessitated by a negligent or wrongful act of said subscriber; or (ii) the disconnection or downgrading of any services to a subscriber, unless otherwise provided in this section, provided that the franchisee may impose appropriate charges if, at the time of disconnection, some or all of the franchisee’s equipment is not returned to the franchisee or the subscriber has not paid all outstanding fees and charges due to the franchisee.

(Ord. 205 § 3, 2001)

A franchisee shall afford subscribers with a right to cancel or rescind any contract or agreement for cable services by midnight of the third business day, excluding Sundays, after the day on which the subscriber enters such an agreement, except that such right of rescission shall end upon initiation of installation of service whether physically or electronically on the subscriber’s premises.

(Ord. 205 § 3, 2001)

The franchisee agrees to make subscriber service changes as quickly as possible but not later than three business days after notification, or as agreed with the subscriber. Appointments shall be available in four-hour periods. Changes not made on time shall be provided free of charge.

(Ord. 205 § 3, 2001)

In the city’s discretion, unreasonable, frequent or widespread delays in making repairs or failure to make timely repairs shall be grounds for liquidated damages or termination of a franchise agreement. Agents of the franchisee responsible for making repairs shall be available at a local published telephone number eight a.m. to five p.m., Monday through Saturday. At all other times the franchisee shall have at a minimum an answering service. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

(Ord. 205 § 3, 2001)

For each failure of the franchisee to meet any scheduled appointment, the franchisee must offer the subscriber in the sole discretion of the subscriber:

Franchisee shall accept full responsibility and liability for the actions of its contractors and subcontractors and shall not advise any subscriber with a contractor or subcontractor-related problem that it is up to the subscriber to deal with the contractor or subcontractor directly.

(Ord. 205 § 3, 2001)

Advance notice (which may be oral or written as reasonably appropriate under the circumstances) shall be provided to each household with respect to repair, maintenance or reconstruction of the cable system located upon such curtilage of their household.

(Ord. 205 § 3, 2001)

Franchisee must obtain approvals or authorizations for the use or occupancy of private property or private rights-of-way from their owners prior to such use or occupancy, unless otherwise provided under existing easements, licenses, rights of occupancy or other authorizations or as otherwise may be provided by applicable law.

(Ord. 205 § 3, 2001)

Before or concurrently with providing initial cable service to each subscriber, at least annually thereafter, and at any time upon request, a franchisee shall provide each subscriber with a copy of its written customer service standards and shall advise each subscriber in writing either in its written customer service standards or a current rate card, or otherwise, of:

The franchisee shall supply the city with one copy of all current written materials, including promotional materials and a copy of all new and periodically updated materials which it distributes to subscribers concurrently upon their distribution to subscribers or, at the franchisee’s option, up to one year in advance.

(Ord. 205 § 3, 2001)

Upon being notified of a service interruption, franchisee shall devise some reasonable method, such as an automated recording immediately to be placed on its incoming telephone lines, to advise subscribers of the nature and expected duration of the service interruption. If a recording is used, it shall also provide subscribers calling on other matters with the option of either obtaining information on such other matters through an automated response unit or choosing to speak with a live representative of franchisee including, if outside normal business hours, franchisee’s answering service. Franchisee shall, where practicable, also notify the cable administrator by telephone or facsimile as soon as such an outage is identified and promptly after it is repaired. Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled, “liquidated damages.”

(Ord. 205 § 3, 2001)

With respect to syndicated exclusivity and network non-duplication blackouts, franchisee shall either substitute another signal to avoid transmitting a “blank” screen on the black-out channel frequency or, by use of some reasonable device, such as a continuous, character-generated notice, otherwise avoid transmitting a “blank” screen on the blacked-out channel frequency or otherwise conveying the impression that the channel is not working properly. With respect to blackouts of selected sports events, franchisee shall prepare a character-generated notice to be superimposed on the affected channel, advising subscribers of the TV blackout of the particular sports event.

(Ord. 205 § 3, 2001)

Franchisee shall respond in writing to written subscriber inquiries and complaints received by the franchisee at any of its addresses. The franchisee shall include its complaints/inquiry address on its billing statements.

(Ord. 205 § 3, 2001)

Franchisee shall automatically terminate the subscriber’s reception of any promotional no-cost or discounted premium channel offering at the end of the established or extended promotional period, and shall not continue to assess or collect a charge for such service offering, unless the subscriber affirmatively and specifically elects, either orally, in writing or by telephone, to continue that service for the applicable charge(s). This election may be made by the subscriber at any time prior to the imposition of the applicable charge, including at any time prior to first receiving the service for no charge. This provision does not apply to the addition of any service to an existing package, tier or service offering or to any restructuring or retiering of any package, tier or service offering, provided that the subscriber is receiving the package, tier or service offering at the time of the addition, restructuring or retiering.

(Ord. 205 § 3, 2001)

A subscriber must afford the franchisee the opportunity to correct the service interruption including reasonable access to the subscriber premises if necessary.

(Ord. 205 § 3, 2001)

A franchisee shall refund to a subscriber all fees, deposits or pro-rata payments to which the subscriber is entitled within thirty (30) days following disconnection of cable service, subject to (i) an offset or credit for all outstanding obligations of the subscriber to the franchisee, including outstanding service charges, and (ii) return of all equipment provided by the franchisee in connection with the services received by the subscriber. Franchisee shall automatically provide a subscriber with a twenty dollar ($20.00) payment to the last address of record for failure to provide such a refund within said thirty (30) day period.

(Ord. 205 § 3, 2001)

Notwithstanding any other sections of the ordinance codified in this title, where the actions of a franchisee, its agent(s) or subcontractor(s) can be shown, upon a reasonable demonstration of evidence by a subscriber or the cable administrator, to have been the substantial cause for the theft, loss or damage of a converter or other electronic equipment provided for the use of a subscriber (for example, by leaving a converter or other electronic equipment unattended on a subscriber’s doorstep when delivering such converter to the subscriber), the subscriber shall have no liability with respect to such theft, loss or damage. Where the franchisee falls to retrieve a converter or other electronic equipment within seven days after a disconnection and the local office located in the city is not staffed or operated in accordance with the ordinance codified in this title or the franchise agreement, neither the city nor the subscriber shall have liability with respect to such converter or other electronic equipment nor shall a franchisee subject a subscriber to any charges in connection with the failure by the franchisee to regain such converter or other electronic equipment.

(Ord. 205 § 3, 2001)

Customer service representatives shall be kept fully informed of subscriber options for service, and shall be required to advise subscribers of those options where reasonably appropriate, when subscribers telephone or otherwise contact franchisee’s customer service representatives, including, but not limited to, the following:

Franchisees are required to be in compliance with 47 C.F.R. § 76.630, “Compatibility with Consumer Electronics Equipment.”

(Ord. 205 § 3, 2001)