Resolution 1997-06
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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
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RESOLUTION NO. 97-6
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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.
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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.
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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
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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.
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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
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ISusanne E. Steinmetz, City Clerk
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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)