Chapter 5.71
CABLE OPERATOR CUSTOMER SERVICE STANDARDS1
Sections:
5.71.010 Policy.
(1) The cable operator shall be permitted to resolve citizen complaints prior to action or involvement by the city.
(2) If a complaint is not resolved by the cable operator to the citizen’s satisfaction, the city may intervene. In addition, where a pattern of or unremedied noncompliance with the customer service standards (“standards”) is identified, the city may choose to follow the procedures contained herein. If the noncompliance is not addressed to the satisfaction of the city, monetary or other sanctions may be imposed to encourage compliance.
(3) These standards are intended to be of general application; however, the cable operator shall be relieved of any obligations hereunder if it is unable to perform due to circumstances beyond its reasonable control, such as natural disasters. The cable operator may, and is encouraged, to exceed these standards for the benefit of its customers and such shall be considered performance for the purpose of these standards. (Ord. 2490 § 1, 2003).
5.71.020 Definitions.
When used in these standards, the following words, phrases, and terms shall have the meanings given below:
“Cable operator” shall mean any person granted a franchise to operate a cable system within the city.
“City” shall mean the city of Marysville.
“Complaint” shall mean an initial or repeated customer expression of dissatisfaction, whether written or oral, or other matter that is referred beyond a customer service representative or the call center to a cable operator’s system office or regional office or corporate headquarters, or to the city for resolution. This does not include routine inquiries and service requests.
“Customer” shall mean any person who lawfully receives or will receive cable service from the cable operator.
“Customer service representative” or “CSR” shall mean any person employed by the cable operator to assist, or provide service to customers, whether by answering public telephone lines, answering customers’ questions, or performing other customer-service-related tasks.
“Normal business hours” shall mean those hours during which most similar businesses in the city are open to serve customers. In all cases, “normal business hours” must include some evening hours, with customer service representatives available, at least one night per week and some weekend hours.
“Normal operating conditions” shall mean those service conditions that are within the control of the cable operator. Those conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.
“Service interruption” shall mean the loss of picture or sound on one or more cable channels. (Ord. 2490 § 2, 2003).
5.71.030 Customer service.
(1) Courtesy. All employees of the cable operator shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers.
(2) Accessibility.
(a) The cable operator shall maintain a meaningful presence in the city via at least one customer service/bill payment center (“service center”) either through a stand-alone location or by co-locating with another business. Service shall be available at the service center at least nine consecutive hours on Monday through Friday, ending no earlier than 6:00 p.m., and at least four consecutive hours on Saturdays, ending no earlier than 1:00 p.m. The service center shall be staffed with knowledgeable personnel offering the following services to customers who come to the service center: bill payment, equipment return, and response to other customer inquiries and requests. The cable operator shall post a sign at the service center advising customers of its hours of operation and of the addresses and telephone numbers at which to contact the city and the cable operator if the service center is not open at the times posted. The cable operator shall also make available its website and e-mail address to its customers. The cable operator shall also provide free exchanges for faulty converters at the customer’s address at a convenient time that is mutually agreed upon.
(b) The cable operator shall maintain local telephone access lines or a toll-free telephone number that shall be available 24 hours a day, seven days a week for service/repair requests and billing inquiries.
(c) The cable operator shall have dispatchers and technicians on call 24 hours a day, seven days a week, including legal holidays.
(d) Trained customer service representatives will be available to respond to customer telephone inquiries during normal business hours. Under normal operating conditions, telephone answer time by a customer service representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis. Under normal operating conditions, the cable operator shall maintain adequate telephone line capacity to ensure that telephone calls are answered as provided in these standards.
(e) After normal business hours, the telephone lines may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained customer service representative on the next business day.
(f) Under normal operating conditions, the customer will receive a busy signal less than three percent of the time.
(g) The cable operator shall not be required to acquire equipment or perform surveys to measure compliance with any of the telephone answering standards above unless and until the city requests such actions based on a historical record of customer inquiries or complaints indicating a clear failure to comply.
(3) Responsiveness.
(a) Residential Installation.
(i) The cable operator shall complete all standard residential installations requested by customers within seven business days after the order is placed, under normal operating conditions 95 percent of the time measured on a quarterly basis, unless the customer requests a later date for installation. “Standard” residential installations are those located within 125 feet from the existing distribution system and are provided via an aerial drop. If the customer requests a nonstandard residential installation, or the cable operator determines that a nonstandard residential installation is required, the cable operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion.
(ii) Absent unusual circumstances, all underground cable drops from the curb to the home shall be buried at a depth of no less than 12 inches, and within a reasonable period of time (but no later than 14 days, weather permitting) from the initial installation, or at a time mutually agreed upon between the cable operator and the customer. In all instances, the cable operator must comply with the state’s one call requirements.
(b) Service Appointments.
(i) Customers requesting installation of cable service or service to an existing installation may choose a two-hour block of time for the installation or a four-hour block of time for the service appointment between 8:00 a.m. and 6:00 p.m. or another block of time mutually agreed upon by the customer and the cable operator. The cable operator may not cancel an appointment with a customer after 5:00 p.m. on the day before the scheduled appointment, except for appointments scheduled within 12 hours after the initial call.
(ii) If the cable operator’s representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled as necessary at a time that is convenient for the customer, and if that appointment involved the installation or addition of cable service, the applicable charge will be reduced or eliminated in accordance with the cable operator’s standard practices.
(iii) The cable operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, provided that the technician has all necessary parts and equipment to complete the specified work order. If the customer is absent when the technician arrives, the technician shall leave written notification of timely arrival. The cable operator shall keep a copy of the notice.
(c) Outages and Service Interruptions.
(i) In the event of a system outage (loss of reception on all channels) resulting from cable operator equipment failure affecting five or more customers, the cable operator shall respond in accordance with its outage response procedures, and in no event more than two hours after the third customer call is received and shall remedy the problem as quickly as possible.
(ii) Under normal operating conditions, the cable operator shall use its best efforts to correct service interruptions resulting from cable operator equipment failure by the end of the next calendar day, but in no event longer than 48 hours.
(iii) The cable operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the cable operator’s actions in response to those complaints. The cable operator shall provide the city an executive summary upon request that shall include information concerning complaints.
(iv) Absent unusual circumstances, the cable operator shall use its best efforts to correct all outages and service interruptions for any cause beyond the control of the cable operator within 36 hours, after the conditions beyond its control have subsided, but not later than 48 hours.
(d) TV Reception.
(i) The cable service signal quality provided by the cable operator shall meet or exceed technical standards established by the Federal Communications Commission (“FCC”). The cable operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the cable system, preferably between midnight and 6:00 a.m.
(ii) If a customer experiences poor signal quality (whether it relates to a visual or audio problem) which is attributable to the cable operator’s equipment, the cable operator shall respond and repair the problem no later than the day following the customer call; provided, that the customer is available and the repair can be made within the allotted time. If an appointment is necessary, the customer may choose a block of time described in subsection (3)(b)(i) of this section. At the customer’s request, the cable operator shall repair the problem at a later time that is convenient for the customer.
(e) Problem Resolution. A customer service representative shall have the authority to, and shall provide credits, waive fees, schedule service appointments and change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within 24 hours and resolve the problem within 48 hours or within such other timeframe as is acceptable to the customer and the cable operator.
(f) Billing, Credits, and Refunds.
(i) Bills must 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.
(ii) In case of a billing dispute, the cable operator must respond to a written inquiry from a customer within 30 days.
(iii) The cable operator shall allow at least a commercially reasonable number of days from the beginning date of the applicable service period for payment of a customer’s service bill for that period. If the customer’s service bill is not paid within 45 days of the beginning date of the applicable service period, the cable operator may perform a “soft” disconnect of the customer’s service. If a customer’s service bill is not paid within 52 days of the beginning date of the applicable service period, the cable operator may disconnect the customer’s service, provided it has given two weeks’ written notice to the customer that such disconnection may result.
(iv) The cable operator shall issue refund checks promptly but no later than either the customer’s next billing cycle following resolution of the request or within 30 days, whichever is earlier, or the return of the equipment supplied by the cable operator if service is terminated.
(v) Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.
(g) Notice/Work. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the cable operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed. In the case of an emergency, however, the cable operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property. Any work on private property shall be conducted in accordance with an agreement between the cable operator and the property owner. If damage is caused by any cable operator activity, the cable operator shall reimburse the property owner 100 percent of the cost of the damage or replace or repair the damaged property to as good a condition as before the cable operator’s activity commenced. Adjacent or affected property owners shall be notified by mail or door hanger at least one week in advance of the installation of pedestals or other major construction or installation projects in the rights-of-way or on private property.
(4) Services for Customers with Disabilities.
(a) For any customer with a disability, the cable operator shall at no charge deliver and pick up converters at customers’ homes. In the case of a malfunctioning converter, the technician shall provide another converter, hook it up and ensure that it is working properly, and shall return the defective converter to the cable operator.
(b) The cable operator shall provide TDD/TTY service with trained operators, who can provide every type of assistance rendered by the customer service representatives, for any hearing-impaired customer at no charge.
(c) The cable operator shall provide free use of a remote control unit to mobility-impaired customers (if disabled, in accordance with subsection (4)(d) of this section).
(d) Any customer with a disability may request the remote control unit described above by providing the cable operator with a letter from the customer’s physician stating the need, or by making the request to the cable operator’s installer or service technician, where the need for the special service can be visually confirmed.
(5) Customer Information.
(a) Upon installation of service, at least annually to all customers, at any time the customer may request, or upon its own initiative, the cable operator shall provide the following information in appropriate font sizes and type and in clear, concise written form:
(i) Products and services offered by the cable operator, including channel positions of programming carried on the system;
(ii) The cable operator’s complete range of service options and the prices for those services and conditions of subscription to programming and other services;
(iii) Installation and service maintenance policies;
(iv) Instruction on the use of cable service;
(v) The cable operator’s billing, collection and disconnection procedures;
(vi) Customer privacy requirements;
(vii) All applicable complaint procedures, and the telephone number and mailing address of the cable operator and the contact information for the city (which contact information for the city shall be clearly and distinctly identified);
(viii) Use and availability of parental control/lock out devices;
(ix) Special services for customers with disabilities; and
(x) Days, times of operation, and location of the service center.
(b) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to customers a minimum of 30 days in advance of such change(s) if the change is within the control of the cable operator. In addition, the cable operator shall notify customers 30 days in advance of any significant changes in the other information required by subsection (5)(a) of this section. The cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment or charge of any kind imposed by any federal agency, state or the city on the transaction between the cable operator and the customer.
(c) In addition to the requirements of subsection (5)(b) of this section regarding advance notification to customers of any changes in rates, programming services or channel positions, the cable operator shall give 30 days’ written notice to the city before implementing any rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, change in external costs or the addition/deletion of channels). When the change involves the addition or deletion of channels, each channel added or deleted must be separately identified.
For purposes of the carriage of digital broadcast signals, the cable operator need only identify for customers the television signal added and not whether that signal may be multiplexed during certain dayparts.
(d) The cable operator shall provide written notice to a customer of any increase in the price to be charged for equipment associated with the basic service tier at least 30 days before any proposed increase is effective. The notice should include the address of the city.
(e) To the extent the cable operator is required to provide notice of service and rate changes to customers, the cable operator may provide such notice using any reasonable written means at its sole discretion.
(f) All officers, agents, and employees of the cable operator or its contractors or subcontractors who are in personal contact with customers shall wear on their outer clothing identification cards bearing their name and photograph. The cable operator shall account for all identification cards at all times. Every vehicle of the cable operator shall be visually identified to the public as working for the cable operator. Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor or subcontractor, and shall be further identified as contracting or subcontracting for the cable operator. All CSRs shall identify themselves orally to callers immediately following the greeting during each telephone contact with the public.
(g) Each CSR, technician or employee of the cable operator in each contact with a customer shall state the estimated cost of the service, repair, or installation prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work is to be performed.
(6) Customer Privacy.
(a) The cable operator shall not monitor cable television signals to determine the individual viewing patterns or practices of any customer without prior written consent from that customer, except as needed to maintain system integrity or for other lawful purposes.
(b) The cable operator shall not sell or otherwise make available customer lists or other personally identifiable customer information without prior written customer consent except as otherwise permitted by law. The cable operator is permitted to disclose such information if such disclosure is necessary to render, or conduct, a legitimate business activity related to a cable service provided by the cable operator to its customers.
(7) Safety. The cable operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever the cable operator receives notice that an unsafe condition exists with respect to its equipment, the cable operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.
(8) Satisfaction Guaranteed. The cable operator shall guarantee customer satisfaction for every customer who requests new installation of cable service or adds any additional programming service to the customer’s cable subscription. Any customer who requests disconnection of service shall not have to pay for such service after the date of disconnection. (Ord. 2490 § 3, 2003).
5.71.040 Complaint procedure.
(1) Complaints to the Cable Operator.
(a) The cable operator shall establish written procedures for receiving, acting upon, and resolving complaints without intervention by the city (except where necessary) and shall publicize such procedures through printed documents at the cable operator’s sole expense.
(b) Said written procedures shall describe a simple process by which any customer may submit a complaint by telephone or in writing to the cable operator regarding a disputed matter, or an alleged violation of (i) any provision of these standards; (ii) any terms or conditions of the customer’s contract with the cable operator; or (iii) reasonable business practices.
(c) Within 15 calendar days after receiving a complaint, the cable operator shall notify the customer of the results of its investigation and its proposed action or credit.
(d) The cable operator shall also notify the customer of the customer’s right to file a complaint with the city in the event the customer is dissatisfied with the cable operator’s decision, and shall explain the necessary procedures for filing such complaint with the city.
(e) The cable operator’s complaint procedures shall be filed with the city.
(2) Security Fund.
(a) The security fund (letter of credit), if any, shall be in the amount as specified in the franchise.
(b) The security fund, if any, shall in part serve as security for the performance by the cable operator of all its obligations under these standards.
(c) The rights reserved to the city in this section are in addition to all other rights of the city, whether reserved by the franchise or authorized by law, and no action, proceeding or exercise of a right shall in any way affect, or diminish, any other right the city may otherwise have.
(3) Complaints to the City.
(a) Any customer who is dissatisfied with any proposed disposition of a complaint by a cable operator or who has not received a decision within the 15-calendar-day period shall be entitled to have the complaint reviewed by the city.
(b) The customer may initiate the review by filing a written request together with the cable operator’s written decision, if any, with the city clerk.
(c) The customer shall make such filing within 20 days of receipt of the cable operator’s decision or, if no decision has been provided, within 30 days after filing the original complaint with the cable operator.
(d) If the city decides that further information is warranted, the city may require the cable operator and the customer to submit, within 10 days of notice thereof, a written statement of the facts and arguments in support of their respective positions.
(e) The cable operator and the customer shall produce any additional information, including any reports from the cable operator, which the city may deem necessary to an understanding and determination of the complaint.
(f) The city shall issue a determination within 30 days after examining the materials submitted, setting forth its basis for the determination.
(g) The city may extend this 30-day time limit for reasonable cause and may intercede and attempt to negotiate an informal resolution.
(h) If the city determines that the complaint is valid and that the cable operator did not provide the complaining customer with the proper solution and/or credit, the city may reverse any decision of the cable operator in the matter and/or require the cable operator to grant a solution in accordance with the cable operator’s credit/refund policy for the alleged violation, or resolve the matter as otherwise mutually agreed upon by the cable operator and the city.
(4) Verification of Compliance. The cable operator shall document its compliance with all of the standards required through annual reports that demonstrate said compliance, or as otherwise requested by the city.
(5) Overall Quality of Service. The city may evaluate the overall quality of customer service provided by the cable operator:
(a) In conjunction with any performance review provided for in the franchise; or
(b) At any other time, in its sole discretion, based on the number of complaints received by the cable operator or the city, and the cable operator’s response to those complaints.
(6) Noncompliance with Standards. Noncompliance with any provision of these standards may result in a violation of a franchise.
(7) Procedures for Remedying Violations. If the city has reason to believe that the cable operator has failed to comply with any of these standards, or has failed to perform in a timely manner, or if similar complaints repetitively arise, the city may require in writing that the cable operator remedy the alleged noncompliance. If the alleged noncompliance is denied or not remedied to the satisfaction of the city, the city may opt to follow the liquidated damages procedures, revocation procedures or seek other remedies set forth in the franchise, or pursue any other remedies at law or in equity. (Ord. 2490 § 4, 2003).
5.71.050 Miscellaneous.
(1) Severability. Should any section, subsection, paragraph, or provision of these standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph, or provision of these standards, all of which shall remain in full force and effect.
(2) Nonwaiver. Failure of the city to enforce any provision(s) of these standards shall not operate as a waiver of the provision(s) or of the standards.
(3) Attorneys’ Fees and Expenses. If any action or suit arises in connection with these standards, the prevailing or substantially prevailing party (either the city or the cable operator, as the case may be) shall be entitled to recover all of its reasonable attorneys’ fees, costs and expenses in connection therewith, in addition to such other relief as the court may deem proper. (Ord. 2490 § 5, 2003).
Code reviser’s note: See also Ch. 5.70, Cable System Regulations.