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Resolution 1997-06 .. . . i.> . " RESOLUTION NO. 97-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING CONSUMER PROTECTION STANDARDS FOR CABLE SERVICE SUBSCRIBERS WHEREAS, the City of Gilroy (the "City") has recently adopted Ordinance Number 97-1 (the "Cable Ordinance") that governs the granting of cable franchises to qualified franchisees (the "Franchisee") to use the public rights-of-way to provide cable services; and WHEREAS, the Cable Ordinance authorizes the City to adopt a set of consumer protection standards to protect consumers who subscribe to cable services provided by Franchisee (the "Subscribers"); and WHEREAS, the City desires to adopt the following set of standards to protect the consumers within its jurisdiction; NOW, THEREFORE, BE IT RESOLVED THAT Section 1. General Provisions. This resolution contains certain customer service standards that each Franchisee must satisfy. In addition, each Franchisee shall at all times satisfy any additional or stricter requirements established by Applicable Law including, without limitation, FCC customer service standards and consumer protection laws. Section 2. Telephone and Office Availability. Each Franchisee shall maintain an office at a convenient location to the City that shall be open during the hours of 8 a.m. to 7 p.m. Monday through Friday and 9:00 a.m. to 4 p.m. on Saturday to allow Subscribers to request service, pay bills, and conduct other business. Each Franchisee shall perform service calls, installations, and disconnects during at least the hours 8 a.m. to 8 p.m. Monday through Saturday, provided that a Franchisee shall respond to outages twenty-four (24) hours a day, seven (7) days a week. Each Franchisee shall establish a publicly listed local toll-free telephone number. The phone must be answered by customer service representatives at least Monday through Saturday, 8 a.m. to 7 p.m., -for the purpose of receiving requests for service, inquiries, and complaints from Subscribers; after those hours a Franchisee shall arrange for the phone to 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. Telephone answering time shall not exceed thirty (30) seconds or four (4) rings, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty (30) seconds. This standard shall be met ninety-five (95) percent of the time, measured quarterly. Under normal operating conditions customers will receive a busy signal less than three percent (3%) of the time. When the business office is closed, an answering machine or service capable of receiving and recording service complaints and inquiries shall be employed. The after-hours answering service r \ \LAC\32659501 73-010704706009 -1- RESOLUTION NO. 97-6 " . . J shall comply with the same telephone answer time standard set forth in this section. A Franchisee shall supply statistical data to verify it has met the standards set forth herein. A Franchisee must hire sufficient staff so that it can adequately respond to customer inquiries, complaints, and requests for service in its office, over the phone, and at the Subscriber's residence. Section 3. Scheduling Work. All appointments for service, installation, or disconnection shall be specified by date. Each Franchisee shall specify a specific time at which the work shall be done, or offer a choice of time blocks, which shall not exceed four (4) hours in length. A Franchisee shall 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 believes it impossible to make a scheduled appointment time, an attempt to contact the customer will be made prior to the time of appointment and the appointment rescheduled at a time convenient to the customer. Subscribers who have experienced two (2) missed appointments due to the fault of a Franchisee shall receive installation free of charge, if the appointment was for installation. If an installation was to have been provided free of charge, or for other appointments, the Subscriber shall receive three (3) months of the most widely subscribed-to Service Tier free of charge. Wi th regard to mobili ty-limi ted customers, upon Subscriber request, each Franchisee shall 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) . Requests for service, repair, and maintenance must be acknowledged by a trained customer service representative within twenty-four (24) hours, or prior to the end of the next business day, whichever is earlier. A Franchisee shall respond to all other inquiries (including billing inquiries) within five (5) business days of the inquiry or complaint. The standards of this paragraph shall be met at least ninety-five (95) percent of the time, measured on a quarterly basis. Repairs and maintenance for service interruptions and other repairs not requiring in-unit work must be completed wi thin twenty-four (24) hours. Work on all other requests for service, other than installation requests, must be begun by the next business day after notification of the problem, and must be completed within three (3) days from the date of the initial request, except installation requests, provided that a Franchisee shall complete the work in the shortest time possible where, for reasons beyond the Franchisee's control, the work could not be completed in those time periods even with the exercise of all due diligence. The standards of this paragraph shall be met at least ninety-five (95) percent of the time, measured on a quarterly basis. The failure of a Franchisee to hire sufficient staff or to properly train its staff shall not justify a Franchisee's failure to comply with this provision. Except as federal law requires, no charge shall be made to the Subscriber for repair services, except for the cost of repairs to the Franchisee's equipment or facilities where it can be documented that the equipment or facility was damaged by the Subscriber. \LAC\326595.01 73-010704706009 -2- . . A Franchisee shall not cancel a service or installation appointment with a customer after the close of business on the business day preceding the appointment. Section 4. Notice to Subscribers. A Franchisee shall provide each Subscriber at the time service is installed, and at least once every twelve (12) months thereafter, written instructions for placing a service call, filing a complaint, requesting an adjustment and a copy of the Consumer Protection Standards adopted by the City. Each Franchisee shall also provide a notice showing the telephone number of the City office responsible for receiving customer complaints. A Franchisee shall also provide each Subscriber to its services a schedule of rates and charges, channel positions, description of services, a copy of the service contract, delinquent Subscriber disconnect and reconnect procedures, and a description of any other of the Franchisee's policies in connection with its Subscribers. Copies of these notices shall be provided to the City. Sub'j ect to the rate regulation provisions of Section 9, Franchisee shall provide the City Manager or his/her designee and all Subscribers at least sixty (60) days notice of any significant changes in the information required to be provided to this section. Such notice shall be made in writing and also by announcement cablecast on the Cable System. 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, shall clearly and accurately disclose price terms. In the case of telephone orders, a Franchisee shall take appropriate steps to ensure that price terms are clearly and accurately disclosed to potential customers in advance of taking the order. Each Franchisee shall containing all notices provided to customer service standards, as well made to Subscribers. maintain a public Subscribers under as all promotional file these offers Section 5. Interruptions of Service. A Franchisee may intentionally interrupt service on the Cable System only for good cause and for the shortest time possible and, except in emergency situations, only after a minimum of forty-eight (48) hours prior notice to Subscribers and the City of the anticipated service interruption; provided, however, that planned maintenance that does not require more than two (2) hours' interruption of service and that occurs between the hours of 12:00 midnight and 6:00 a.m. shall not require such notice to Subscribers, and notice to the City must be given no less than twenty-four (24) hours prior to the anticipated service interruption. Section 6. Billing. A Franchisee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit. A Franchisee's billing statement must be clear, concise and understandable, must itemize each category of service and equipment provided to the Subscriber and must state clearly the charge therefor. ILAC\326595,01 73-010704706009 -3- . . A Franchisee's billing statement must show a specific payment due date. No late fee or collection fee can be imposed unless in strict conformity with California law. A Franchisee must notify the Subscriber that he or she can remit payment in person at the Franchisee's office in the City and inform the Subscriber of the address of that office. Subscribers shall 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. The account of any Subscriber shall be credited a prorated share of the monthly charge for the service if said 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, except where it can be documented that a Subscriber seeks a refund for an outage or impairment which that Subscriber caused, or in the case of a planned outage occurring between the hours of 12:00 midnight and 6:00 a.m., provided that the Franchisee complied with the notice requirements of this Ordinance. A Franchisee need not make refunds for outages or impairments not known to it, but if one or more subscribers report an outage or impairment, it is the Franchisee's responsibility to make a refund to all affected subscribers. Franchisee shall resolve all written billing complaints from Subscribers within thirty (30) days. Refund checks to Subscribers shall be issued no later than (i) the earlier of the Subscriber's next billing cycle following resolution of the refund request, or thirty (30) days; or (ii) the date of return of all equipment to Franchisee, if service has been terminated. Credits for service shall be issued no later than the Subscriber's next billing cycle after the determination that the credit is warranted. Section 7. Disconnection/Downgrades. A Subscriber may terminate service at any time. A Franchisee shall promptly disconnect from the Franchisee's Cable System or downgrade any Subscriber who so requests. No period of notice prior to voluntary termination or downgrade of service may be required of Subscribers by any Franchisee. No charge may be imposed for any voluntary disconnection, and downgrade charges must comply with the requirements of federal law. So long as the Subscriber returns any equipment necessary to receive a service wi thin five (5) business days of the disconnection, no charge may be imposed by any Franchisee for any Cable Service delivered after the date of the disconnect request. A Subscriber may be asked, but not required, to disconnect a Franchisee's equipment and return it to the business office. Any security deposit and/or other funds due the Subscriber shall be refunded on disconnected accounts after the converter has been recovered by the Franchisee. The refund process shall take a maximum of thirty (30) days or the next billing cycle, whichever is greater, from the date disconnection \LAC\326595.01 73-010704706009 -4- . . was requested to the date the customer receives the refund. If a Subscriber fails to pay a monthly Subscriber or other fee or charge, a Franchisee may disconnect the Subscriber's service outlet; however, such disconnection shall not be effected until after forty-five (45) days from the due date of the monthly Subscriber fee or other charge, plus ten (10) days' advance written notice of intent to disconnect to the Subscriber in question, given after the 45 days have elapsed. If the Subscriber pays all amounts. due, including late charges, before the date scheduled for disconnection, the Franchisee shall not disconnect service. After disconnection, upon payment by the Subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate service. A Franchisee may immediately disconnect a Subscriber if the Subscriber is damaging or destroying the Franchisee's Cable System or equipment. After disconnection, the Franchisee shall 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 amounts owed the Franchisee for damage to its Cable System or equipment. A Franchisee may also disconnect a Subscriber that causes signal leakage in excess of federal limits. It may do so after five (5) days' written notice to the Subscriber, if the Subscriber fails to take steps. to correct the problem. - It may also do - so without notice, provided that the Franchisee shall immediately notify the Subscriber of the problem and, once the problem is corrected, reconnect the Subscriber without charge. Except as federal 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 shall be deemed abandoned unless the Franchisee has been denied access to the Subscriber's premises. Section 8. Changes in Service. In addition to rights reserved by the City, Subscribers shall have rights with respect to alterations in service. Before the Franchisee may alter the service it provides to a class of Subscribers, it must provide each Subscriber sixty (60) days prior notice, explain the substance and full effect of the alteration, and provide the Subscriber the right within the sixty (60) day period following notice to opt to receive any combination of services offered by Franchisee. Except as federal law otherwise provides, Subscribers may not be required to pay any charge (other than the regular service fee), including an upgrade or downgrade charge, in order to receive the services selected. No charge may be made for any service or product that the Subscriber has not affirmatively indicated it wishes to receive. Payment of the regular monthly bill does not in and of itself constitute such an affirmative indication. Section 10. Deposits. A Franchisee may require a reasonable, non- discriminatory deposit on equipment provided to Subscribers. Deposits shall be placed in an interest-bearing account, and the Franchisee shall return the deposit, plus interest earned to the date repayment is made to the Subscriber. Interest will be calculated at the prime rate on all late payments. \LAC\32659501 73-010704706009 -5- . . Section 11. Parental Control Option. A Franchisee shall provide parental control devices to all Subscribers who wish to be able to block the video or audio portion of any obj ectionable channel or channels of programming from the Cable Service entering the Subscriber's home. This control option shall be provided at no charge except as federal law otherwise provides. Section 12. Franchisee Personnel Identification. All Franchisee personnel or agents contacting Subscribers or potential Subscribers outside the office of the Franchisee shall be clearly identified as associated with the Franchise and shall display a photo identification card issued by the Franchisee. PASSED AND ADOPTED this 6th day of January, 1997, by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER, VALDEZ, GAGE NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS:NONE ~~&.~ ISusanne E. Steinmetz, City Clerk lLAC\32659501 73-010704706009 -6- . . I I, SUSANNE E. STEINMETZ, city Clerk of the city of Gilroy, do hereby certify that the attached Resolution No. 97-6 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of January , 19....21-, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19 97. 7th day of January of Gilroy (Seal)