HomeMy WebLinkAbout2004 Ordinance No. 039•
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ORDINANCE NO .~
SERIES OF 2004
BY AUTHORITY
COUNC IL BILL NO. 36
INTRODUCED BY COUNC IL
MEMBER BRADSHAW
AN ORDINANCE REPEALING AND REENACTING A NEW TITLE 12,
CHAPTER 6 OF THE ENGLEWOO D MUN ICTPAL CODE 2000 AMENDING
Tl-IE "GREATER METRO TELECOMMUNICATIONS CONSORT IUM
CUSTO MER SERVICE STANDARDS".
WHEREAS , City Counc il passed Ordinance No. 68, Series of 1994 whi ch
crea ted Tit le 12, Chapte r 6, of the Englewood Municipal Code address es Cab le TV
Custome r Service Standards; and
WHEREAS, these Customer Service Standards are a part of the City of
Englewoo d's Cable Franchise Agreement with <::omcast; and
WHEREAS , the purpose of the Stan dards is to es tab li sh uniform
requirements for the quality of serv ice cab le operators are expected to offe r their
c ustomers in the metro politan area; and
WHEREAS , thc:se Custo mer Service Standards have not been updated since
!995; and
WHEREAS, th e Greater Metro Telecommunications Co nsorti um has
updated and revised the Custome r Serv ice Standards an d is recomme ndin g their
ado pt ion by its member jurisdict io ns.
NOW , THEREFORE , BE IT ORDAIN ED BY THE CITY COUNC IL OF
THE CITY OF ENGLEWOO D, COLORA DO , AS FOLLOWS:
~ The City Cou ncil of th e City of Eng lew ood, Co lorado , hereby
repea ls Titl e I 2, Chapter 6, of Englew oo d Municipa l Code 2000 in its entirety
and approves the adopt io n of th e "Greater Me1ro Telecommunications
Consortium Cust omer Service Standard s (rev istd May 20, 2004) as a reenactment
of Title 12, Chapter 6 to the Englewood Mun ic ip al C'ode 2000, to read as fo ll ows:
Chap ter 6
CAB c.E TV CUSTOMER SERVIC E STANDARDS
i ·i -1,-l : POLICY.
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The Ca ble Operat or sh ould reso lve citi zen co mplaint s with out de lay and
intc rlcrcnce from the Franchi sin g Auth ority.
Where a given co mplaint is 110 1 addre ssed by the Cab le Operat or 10 th e citi7e n's
satisfac ti on , the Franchi sing Authori ty should inte rven e. In addi ti on, where a
pancm o f unrcmedied co mpl aint s or nonco mplian ce with th e Standards is
identified, the Franc hi sin g Authority should pre sc ribe a cure and establi sh a
rea so nab le deadline for implementation of th e cure. If the noncompliance is not
cured wi th in established dea dli nes , monet ary sanc tions shou ld be imp ose d to
enco urage comp li ance and deter future non-co mplian ce.
These Standards arc int ended to be of ge nera l app li ca ti on, and are expected to be
met under nonnal operati ng co nditions ; however, the Cab le Operator shall be
relieved of any ob li gations hereu nd er if it is unable to perform due to a reg ion -wide
natural emerg enc y or in th e eve nt of force majeurc affecting a signifi cant ponion of 1
th e franchis e area. The Cab le Operator is free to exceed these Standard s to the
benefit of it , ,::ustomers and suc h shall be co nside red pcrfonnance for the
purposes 0 1 th ese Standard s.
These Standa rd s supe rcc dc any con tradictory or incon sisten t provision in fed ra l,
sta te or lo ca l law , provide d, however , that any provision in federal , state or loca l
law , or in any orig in al franchise agree ment or rene wa l agreement , that impo ses a
hi gher ob li ga ti0t1 or requirement than is imposed by the se Standards, shall not be
considered co ntradi ctory or inconsistent with th ese Standards . In the event of a
connict be twee n these Standards and a Franchise Agreement , th e Franchise
Agreement sha ll control .
Th ese Standards apply to th e provisi on of any Cab le Service, provided by a Cable
Operator over a Cab le System , withi n the City of Eng lewood , Arapa hoe Co unty,
Colorado.
12-6-2 : DEFLl\'ITIONS.
\%en used in the se Customer Service Standards (th e "Standard s"), the followin g
words , phra ses, and tem1 s shall have the me anin gs given bel ow.
A doption : shall mean the process nece ss ary to fonna lly enact the Stand ards
within the Franc hi si ng Auth ority's juri sdi cti on under app li cab le ord in ances and
hh\lS,
Aj]i/iate: sha ll mean an y per so n or entity that is owned or con tro ll ed by, or und er
common ownership or con trol wit h, a Cab le Operato r, and provides any Cab le
Service or Other Service .
Cable Opera tor : shall mean any person or group of person s (A) who pro vides
cable se rvi ce over a cab le sys tem and direct ly or th ro ugh one or more affi li ate s
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owns a significant interest in such ca ble sys tem , or (B) who otherwise controls or
is respon sibl e for, through any arrangement , the management and operation of
such a cable system.
Cab le Sen1ice: shall mean (A) the one-way tran smis sion to subscribers of (i)
video programming , or (ii) other programming service, and (B) subsc riber
interaction, if any, which is required for the se le ctio n or use of such video
programmin g or other programming service. For purpo ses of thi s definiti on,
"viJco programming" is programming provided by, or generally considered
co,nparable to pro gram ming provided by a television broadca st station; and "other
pro.;ramming service" is information tliat a cab le operator makes ~vailable to all
subscribers generally.
Cab le System: shall mean a fa cility, cons isting of a set of closed transmission
paths and associated signal generation, reception , ~nd control equipment that is
designed to provide cable serv ice which includes video programming and whi ch is
provided to multiple subscribers within a community , but such terrn does not
includ e (A) a facility that serves only to retransmit the televisions signals of one
or more televi si on broadcast sta tions , or (B) a facility that serves subscriber.;
without using any public right of way .
City shall mean the City of Englewood, Colorado .
Customer: shall ean any per.;on who receives any Cable Service from a Cable
Operator .
Customer Service Representative (or CSR): shall mean any person employed with
or under contract or subcontract to a Cable Operator to assist, or provide service
to , customers, whether by telephone, writing se rvice or ·,stallation orders,
answering customer.;' questions in person , receiving and proc e, ,~ payments, or
performing any other customer service-rela ted tasks.
Escalat ed complaint: means a complaint that is referred to a Cable Operator by
th e Franchising Authority.
Franchising Awhority: shall mean the City of Englewood and/or th e Greater
Metro Telecommunication s Co nso rtium .
Greater Metro Telecom1111111icatio ns Co nso rtium or GMTC: shall mean a Co lorado
age ncy forrned by intergove rnmental agreement between its Member.;, local
governmental subdivisions of th e State of Co lorado. The GMTC may be delegated
the authority to enforce cable television franchises and cable system operations
for its Member com mu ni tie s, and ma y admini ster any or all functions under th ese
Standards .
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l11fo r111ation Servi ce: shall mean the offering of a capability for genera ting,
acquiring , storin g, transfon nin g, process in g, retrieving, utili zin g, or mak in g
avai labl e infon nat ion vin 1clccommunica ti ons, and in clud es electroni c pub li shin g,
bu t docs not in clu de an y use of any such capabi lity for th e mana ge ment , contro l,
or operation of a telecommu ni cations system or th e managc mem of a
tclcco rnrnuni ca ti ons serv ice .
Nece.,·swJ ,: shall mea n rcqui ,ed or indi spen sab le.
No n-cab le-related p111pase me ans any purpose th at is not necessary 10 render, or
conduc t a legi tim ate business act ivity related to a Cab le Servi ce or Oth er Service
pro vid ed by a Cab le Operat or to a Customer. Market resea rch, tele market in g, and
oth er marketing of serv ice s or produ cts shall be co nsid ered on-ca ble -related
purp oses.
Normal bu sin ess hours : shall mea n those hou rs during which simil ar bu sin esses in
the co mmunity are open to se rve c ustomers. In all case s, "normal busines s hours"
mu st includ e at leas t so me evening hou rs one ni ght per week , and/or so me
weekend hours.
No rm al operating co nditions : shall mea n th ose serv ice conditions whi ch arc
within th e co ntrol of a Cab le Opera tor. Co nditi ons whi ch are not within the
co ntrol of a Ca ble Opera tor in clud e, but arc not necessa rily limit ed 10, natural
disa sters, civil di sturb ances, po we r outages , teleph one netwo rk outa ges, and
seve re or unu sual weather conditions. Conditions which are ord in arily within the
co ntrol of a Cable Operator include , but are not neces sarily limit ed to , special
prom otion s, pay -per-v iew eve nts, rate in creases, regu lar peak or seaso nal demand
periods and maint ena nce or upgrade to th e Cab le System.
Perso nally Identifiable lnf or111a tio11: mea ns speci fi c infonnat ion about a Custo mer,
including, but not be limi ted to, a Customer's (a) logi n inform ati on, (b) ex ten t of
view in g of vid eo progra mmin g or Oth er Service s, (c) shopp in g choices , (d)
in teres ts and opini ons, (c) energy uses, (f) medica l information , (g) ba nkin g data or
infonnati on, (h) web browsi ng ac tiv ities, or (i) any ot her perso nal or pri va te
informa ti on. "Perso nall y Id ent ifi ab le ln fo nn ati on" sha ll not mea n aggrega te
infonn at ion about Customer s whi ch does not id entify parti cular per so ns, or
info m1 at ion ga th ered by a Cab le Opera tor nece ssary to in stall , repa ir or se rvi ce
equipment or Cabl ~ Sys tem facilitie s at a Customer's prem ises.
Se11 1ice i11terr11ptio11 or i11terr11ptio11 : shall mea n (i) th e loss or subs tanti al
impa inne nt of pictu re an d/o r so und on one or more ca bl e tel evision chann els.
Sen ,ice autage or outage: shall mea n a loss or sub stan ti al impainnent in recep ti on
on all chann els.
To w11 : shall mean th e Tow n of Englewood , Co lora do
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Any tern1 s not speci fi ca ll y defined in the se Stan dards shall be give n th eir ordinary
meaning , or where ot herw ise defined in applicable federal law, suc h tenns shall be
int erp reted co nsistent with th ose definitions .
12-6-3: CUSTOMER SERVICE.
A. Courtesy.
Ca bl e Opera tor empl oyees, co ntractors and subco nt ractors shall be co urte ous ,
kn owle dgea ble and helpful and shall provide effe ctive and sa ti sfactory servi ce in
all contacts with custo mers.
B. Accessibility.
I. Within sixty (60) days of th e effective date of th ese Standards, a Ca bl e
Operator shall provide, custom er service ce nt ers/b usi nes s offi ces ("service
centers") such th at no customer shall be locate d furth er th an ten (IO) mile s
away from a service cen ter. Ex cept as oth erwi se appro ve d by the Franchising
Auth ori ty, all se rvice cente rs shall be ope n during Normal Business Hours,
and shall be full y staffed with cus tomer serv ice representatives offe ring the
following se rvices to customers who come to the serv ic e center: bill pay ment ,
equipm en t exc hange , pro cess in g of change of serv ice requests, and res ponse to
customer inquiries and reque sts. The Franchising Au th ori ty may approve
alt ern at iv es for serv ic e ce nters offe ring lesse r serv ic es or fewer hours at any
site to whi ch the public has general access. A Cab le Operator shall pos t a sign
at eac h serv ice center, advising customers of it s hours of opera ti on and of th e
add resses an d tel ephon e numbers at which to contact th e Franchising
Authority and the Cab le Operator if the service ce nte r is not open at the tim es
posted. A Ca bl e Op era tor shall prov ide free exc hange s of fau lty equipment at
th e custo mer's address if th e co nvener ha s not been damaged in any manner
due to the fault or negli gence of th e custome r.
2. A Ca bl e Op erat or shall maintain loca l telephone access lin es th at shall be
avai lab le twe nty -fo ur (24) hours a day , seven (7) day s a week for
serv ice/repair requests and billing inquiri es.
3. A Ca bl e Operator shall ha ve di spatc hers and te chni cian s on ca ll twen ty-fou r
(24) hours a day, seve n (7) da ys a week, including lega l holid ays.
4. lf a customer serv ice teleph one ca ll is an swered with a recorded me ssage
providi ng th e customer with various meuu opti ons to addr ess the customer's
conc ern , the recorded message mu st pro vide the customer the opti on to
conn ec t to and spea k with a CS R within sixty (60) seco nd s of th e
commenceme nt of the rec ording. A Cab le Operator shall retain suffi cient
custo mer service representatives and teleph one lin e ca pacity to ens ure th at
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lelcphonc call s 10 servic e/repair and billing inquiry li nes are ans wered by a
custo mer service repre sentative wit hin thiny (30) se cond s or le ss fr om !he
time a cu stomer choo ses a .. 1enu op tion to speak directl y with a CS R. The se
standards shall be mel no less than ninety (90) percenl of the lim e measured
monthly .
S. Unde r nom1al operating conditions , a cus tomer shall not receive a busy signal
more 1han three percent (3 %) of !he lim e. This standard shall be met ninety
(90) percent or more of the time, mea sured monthly .
C. Responsh•cncss.
I . Guarant eed Seven-Day Residential Installation
a. A Cab le Operator sha ll complete all standard residential installations or
modifications to service req uested by customers within seve n (7) busine ss
day s afte r the order is placed , unless a late r date for in stalla ti on is
requested. "Standard " residential installations are tho se located up to one
hundred twenty five (125) feet from the existing distribution syste m. If the
customer requests a nonstandard residential installation, or the Cable
Operator detennines that a non standard residential in sta ll ation is required ,
the Cable Operator shall provide the customer in advance with a total
inslall atinn cos t eslimale and an estimated dale of co mpletion .
b. All undergroend cable drops to the home shall be buried at a depth of no
le ss th an twelve inch es ( 12 "), or such other depth as may be required by
th e Franchise Agreement, and wit hin no more than one calendar week from
the initial installation , or at a time mutually agreed upon between the Cab le
Operator and the custome r.
2. ~ ➔1 Ins tallati on and Service Appointments
a. The ·'appointme nt window " allematives for specific installations, service
ca ll s, and/or other installation activities will be either a specific time , or at a
maximum , a four (4) hour tim e block between the hours of8:00 a.m . and
6:00 p.m., six (6) days per week . A Cab le Operator may schedule service
calls and other in sta ll atio n activitie s outside of the above days and hours
for the exp ress convenience of customers.
b. A Cab le Operator may not can cel an appointment with a customer after
the close of busine ss on the busine ss da y pr ior to th e schedu led
appo intm ent.
c. If a Cab le Operator is running lat e fo r an appo intm ent with a customer and
wi ll not be able to keep the appoin tm ent as schedu led , the customer will
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be co nt ac ted pro mptl y. Th e appoi ntm ent wi ll be sc heduled , as necess ary
at a time th at is co nve nient to the customer.
d. A Ca ble Opera tor shall be dee med to have re spond ed to " requ es t fo r
se rvice und er th e provisi ons of thi s secti on when a tec hni cian arr ives
wi thin th e ag reed up on tim e, and, if th e customer is abs ent when th e
techni cian arrives , th e tec hnic ian lea ve s writt en not ifi cat ion of arri va l and
return time , and a co py of th at notifi ca ti on is kept by th e Cab le Opera tor.
In such circum stances , th e Ca bl e Operat or shall co nta ct the customer
wi thin fo ny-e ight (48) hours.
3. Res id ent ia l Service In temm ti ons
a. In th e even t of sys tem out ages re sultin g from Ca bl e Operator equipment
failure , the Cab le Opera tor shall co rrect such fai lure within 2 ho,u rs after
the 3rd customer ca ll is rece ived.
b. All ot her se tv ice intelTllpti ons res ultin g from Cab le Opera tor equipmen t
failure shall be co rre cted by the Ca bl e Operator by th e end of th e ne,t
ca lendar day .
c. Rec ord s of Co mpl aint s .
A Cable Operator shall kee p an acc urate and co mprehen sive fil • :,f a y
and 111 com pl aint s re gardin g the cab le system or its operation of th e
cable sys tem, in a manner co nsistent wi th the pri vac y right s of
custo mers, and th e Ca ble Operator's actions in res ponse to th ose
co mpl aint s. The se fil es shall remain open to th e Fra nchi sing Auth orit y
during nonn al bu sine s•, hours, and shall be retained by th e Ca bl e
Operat or for a period of at leas t three (3) yea rs.
ii. A Ca bl e Operator shall provide th e Fran chi sin g Authority an exec uti ve
summa ry monthl y, which shall include in fo rma tion co ncerning
custome r co mpl aints refe rred by th e Fran chi sing Auth ority to the
Gra nte e and any ot her requirement s of a Franc hi se Agre ement but no
perso nall y identiliable inform ati on. A summ ary of serv ice req ues ts,
iden tifyi ng the numb er and nature of th e reque sts and th eir di spositi on,
shall al so be co mplet ed by the Ca ble Operator for ea ch month and
submitt ed to the Fra nchi sing Aut hority by th e tenth ( I 0th) da y of th e
succeeding mon th . Com pla ints shall be broken out by the nature of th e
com pl ai nt and th e type of Cab le service subje ct to th e co mp lai nt. A
log of all service int elTllpt ions shall be maint ai ned and prov ided to the
Fra nchi sing Auth ori ty quanerly .
d. Reco rd s of Serv ice Int errup tio ns and Outages . A Cab le Opera tor sha ll
maintain reco rd s of all ou tages and repon cd serv ice int clTll pti ons. Such
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records shall indicate the type of service interrupted . Such records shall be
submitt ed to th e Fra nchi sin g Aut hority wi th the re co rd s iden ti fied in
Sec ti on 3.c.ii above , and shall be retained by the Cab le Operato r for a
period of three (3) yea rs.
e. All service out ages and inte rrup ti ons for any ca use beyond the con tro l o f
th e Cab le Operator shall be correc ted within thi rty-six (36) hours, afcer th e
conditions beyond it s co ntrol have been co rrected .
4 . TV Re ce pti on,
a. A Ca bl e Operator shall provide ~lear telev ision rece pti on th at mee ts or
exceeds tec hnic al standard s estab li shed by the United States Fe dera l
Co mmunic ation s Commissio n (the "FCC"). A Ca ble Operator sha ll render
effic ient service, make repai rs promptl y, and interrupt service on ly for
goo d ca use and fo r th e shorte st time pos si ble. Schedul ed intecrupti ons
shall be precede d by notice and shall occur during period s of minimum use
of th e sys tem , preferably betwee n midnight and six a.m. (6:00 a.en .).
b. If a customer experiences poor video or audio recepti on attribut able to a
Ca ble Operator's equipment , the Cable Operator shall repair th e probl em
no later than the day following the customer call. If an appointm ent is
necessa ry, the custome r may choose a block of time described in Sec tion
lll .C.2.a. At the cus tomer's request, the Cab le Op era tor shall repair the
problem at a later time convenient to th e customer.
5. Prob lem Resoluti on
A Ca ble Operator's custome r service rep resentativ es shall hav e th e authority to
prov ide credit for interrupt ed se rvice or any of th e other credi ts li ste d in Schedule
A, to wai ve fees, to schedu le service appointme nt s and to r hange billing c.1 cl es ,
where a ppropriat e. Any difficultie s th at cannot be reso lved by th e custon,er
servi ce repre se ntative shall be referred to the appropriate supervisor wn0 shall
co ntact the customer wit hin four (4) hours and reso lve the probl em within forty
eig ht (48) hours or within such oth er time frame as is acce ptabl e to th e customer
and th e Ca bl e Operator .
6. Billing Credits and Refu nd s.
a. A Ca ble Opera tor shall all ow at least thirty (30) days from the beg innin g
dat e of th e appli ca ble serv ice period for payment o f a customer's se rvice
bill for th at period. lf a cust :i mer's service bill is nc• pai d within th at
peri od of time the Ca bl e Operator ma y apply an administrative fee to the
customer's acco unt. The administrativt fee mu st reflect the averag e cos ts
in curred by th e Ca ble Operator in attempting to co ll ec t th e past due
pa yment in accorda nc e with app li ca ble law . If the customer's se rvir a bill is
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not paid within fo rty-five (45) days of th e begi nnin ~ da te of the appli ca ble
se rvice pcr;nd, th e Ca ble Operator may per fo nn a "s oft" di sco nn ec t of the
custome r's se rv ice. l f a customer's service Lill is not paid wi thin fifty-t wo
(52) days of the beg innin g date of th e ar. pli cau le se rvice peri od , th e Cable
Operat or may di sconne ct th e custo mer's serv ic e, prov id ed it has provided
two (2) week s noti ce to th e customer that such di sco nne cti on may re sult .
b. The Cab le Opera tor shall iss ue a cred it or refund to a customer within 30
da ys aft er det ennining th e customer's entit lement to a credi t or re fun d.
c. Wh enever th e Cab le Operat or offe rs any promoti onal or s pec ially pri ced
scrvice(s) it s promotional material s shall clea rl y id ent ify and ex pl ain the
spec ific terms of th e pro moti on, including but not li mit ed to manner in
whic h an y payment credit will be applied.
7. Treatmeni of Prop erty
To th e extent tha t a Fra nchi se Agreeme nt docs not co ntain th e fo ll owi ng
pro ce dures for treatm en t of prop-,rty , Operator shall co mpl y with th e pro ce dures
set fort h in thi s Sect.Jn .
a. A Cable Ope rator shall keer tree trimming to a minimum ; trees and shrub s
or other land sca pi~g th at are damag ed t,y a Cable Operator, any employee
or agent of & Cable Operator duri ng in sta ll ation or construction shall be
re stored to their prior co nditi on or rep laced. Trees and shrubs shall not be
removed without the pri or permi ss ion of the owner or lega l tenant of th e
prop erty on whi ch th ey are located. Thi s provi sion shall be in addi ti on to,
and shall not supersede , any requirement in any fran chi se agreeme nt.
b. A Cable Operator shall , at it s ow n cost and expense, an d in a man ner
approved by the prop erty ow ner and th e Franchising Authority , res tore
any property to as good condit ion as before th e wo rk causi ng s uch
di sturb ance was initiated . A Ca bl e Operat or shall re pair, replace or
co mp ensa te a property owner for any damage resu lting from the Cab le
Operato r's insta ll ation, co nstru cti on, se rvice or repr.ir ac tiviti es.
c. Excep t in th e case of an emerge ncy inv olvi ng publi c safety or service
int errupti on to a large numb er of • bscribers, a Cab le Operator shall give
re aso nab le noti ce to property owners or lega l tena nt s prior to enterin g
up on private premi ses , and the noti ce shall specify the wor k to be
perfom1ed ; provided th at in th e case of co nstructi oil operati ons such
noti ce shall be deii ve rcd or provided at lea st twe11l',-four (2 4) hours pri or
to en try . Fo r purpos es of this sub sec ti on, "re ason s .,1c noti ce" shall be
co nsi der,
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For pcdes tn l in siall ation or simil ar major co nstm cti on , se ven (7)
days .
ii . For ro utin e maint enance, sHc h as add in g or dropping sc 1vicc , tree
trimming and th e li ke , reaso nable noti ce give n the circum stance s.
Unkss a Franchi se Agreement has a different requirement ,
reaso nab le notice shall require , at a minimu m, pri or noti ce to a
pro perty ow ner or tenant , heforc entry is made ont o th ~t perso n's
property .
iii . Fo r emergen cy work a Cab le Operator shall atte mpt to co nt ac t th e
prop erty owner or lega l tenan t in perso n, and shall leave a doo r
hange r noti ce in th e eve nt persona l co nta ct is not made .
No thin g herein shall be co nstm ed as au th ori zin g access or ent ry to priv ate
prop erty , or any other pro pert y, where such ri ght to access or entry i, not
otherwise provided by law. If damage is caused by any Cab le Operator
ac ti vity, the Ca ble Operator sha ll reimburse the prop erty own er one
hu ndred ( I 00) perce nt of th e cost of th e dam age or repl ace the damaged
property . For the installation of pedesta ls or other major co nstm ction or
installation projects , pro perty ow ners shall also be notifi ed by mail at leas t
one week in advance.
d. Cab le Operato r perso nn el shall clean all areas surroundin g any work site
ar.J ensure that all cable materia ls have been di spos ed of properl y.
D. Serv ice s for Customers with Di s.bili ties
I . For any cus tomer with a di sa bility , a Ca bl e Operato r shall de liver an d pi ck up
eq uipm ent at custo mers' homes at no charge unless the malfun ction was
ca use d by th e ac tio ns of the customer. In th e case of malfun cti onin g
equipment, th e te chni cian shall pro vi d~ replace ment equipment , hook it up
and ensure tha t it is working prope rl y, and shall return the defec ti ve
equip ment to th e Ca ble Operator.
2. A Ca ble Operator shall provide TDD serv ice with trained operators who can
provid e every ty pe of ass istance re nd ere d by the Cab le Operator's custome r
serv ice re prese ntati ves for any hearin g-impaired customer at no charge .
3. A Ca ble Opera tor shall pro vid e fr ee use of a rem ote contrc,! unit to mobili ty-
impaired (if disab led , in accordan ce wi th Section 111.D .4) customers.
4. Any cus tomer wi th a disabi li ty may reque st th e spe cial serv ic es described
above by providing a Cab le Operator wi th a lett er from the customer's
ph ys ici an statin g the need , or by making th e req ues t t~ th e Cab le Opera tor's
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install er or se rvice tec hn ic ian. where th e nee d fo r the specia l serv ices ca n be
vi uall y con finn ed.
E. Cu sto me r lnform a11on
I. Upon ins tall atio n, and at an y lim e th e customer may req ues t, a Ca bl e
Opera tor shall prov id e the fo ll ow in g infonn ation , in cl ea r, co ncise writt en
fonn (a nd in Sp an ish, when requ es ted by th e customer):
a. Prod ucts and serv ices offere d by th e Ca bl e Opera tor, in cl udin g it s chann el
lineu p;
b. The Ca bl e Op erato r's compl ete range of service opti ons and th e pri ces for
the se service s;
c. Th e Ca ble OperJtor's billin g, coll ec ti on and di sconnecti on poli cies;
d. Privacy ri ght s of custome rs;
e. All appli ca bl e com pl aint proc edures, including co mpl ai nt fonn s and th e
teleph one numb ers and maili ng add re ss es of th e Ca bl e Operat or, th e FCC,
and th ,, Franchi si ng Auth ori ty to whom th e complaint s should be
addre ssed;
f. Use and availability of parenta l co ntro l/lock out device ;
g. Special service s fo r custom ers with dis abiliti es;
h. Da ys , lim es ofoperalion , and lo ca ti ons of the serv ice cent ers ;
i. Eith er a comp lete copy of these Sta nd ard s and any oth er appli ca bl e
customer serv ice stand ards, or a summary of the se St anda rds, in a fo nn at
lo be app ro ved by GMTC an d th e Fra nchi sin g Authori ty, which shall
in clu de at a minimum , th e URL address of a website co nt aining th ese
Stand ard in th eir ent irety; prov ided howeve r, th at if th e GMTC or
Fra nch isin g Auth ori ty does not maint ain a we bsite with a com plet e co py
of th ese St and ards, a Ca ble Ope ra tor shall be und er no obli ga ti on lo do so;
If acce pt abl e to a customer, Ca bl e Op era tor may ful fi ll customer requ es ts
fo r any of th e in fo nnati on li sted in this Sec ti on by mak in g the req ues ted
info mia li on avai labl e elec tro ni ca ll y, such as on a web sit e or by elec tro ni c
ma il.
2. Co pi es of all notic es pro vided 10 the customer shall be fil ed (by fax or email
acce pt abl e) co ncurr ently with th e Fran chi si~g Autho rity and th e GM TC.
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3. A Ca ble Operato r sha ll provide c ustome rs wi th written notificati on of any
change in ra tes , program mi ng, or chann e l pos iti ons, at least thirty (30) day s
before the effective da te of change .
4. A ll office rs, agen ts, and emp loyees of the Cab le Operator or it s contracto rs or
s ubcontractors who arc in personal contac t wi th c ustomers and/or when
work in g on public property, shall wear on th eir o ut e r clothing id en tifi cati on
ca rds bearing their name and photograph and ide nti fying the m as
rep resentatives of the Cabl e O perator. The Cab le O perator sha ll acco unt for
all iden tification cards a t all time~. Every ve hi cle of the Cab le O perator shall be
clearly vis ua ll y identified to the publi c as working for the Cable Operator.
Whenever a Cable Operator work crew is in personal co ntact wi th c ustomers
or publi c em pl oyees, a s upervisor mu st be able to comm uni cate c learly with
the c ustomer or public e mpl oyee. Eve ry vehic le of a subcontractor or
contractor sh all be labeled with the name of th e contrac tor and further
id entified as contracting or subcontra cting for the Cable Operator.
5. Eac h CS R, technician or employee of th e Cable Operator in each co nt act with
a customer shall stat e th e est im a ted cos t of the service , repair, or in stallation
orally prior to delivery of th e serv ice or be fore any work is perfonned, and
shall provide th e c ustomer with an oral statement of the tota l charges before
tenninating the telephone ca ll or before leaving th e loc ation at which the work
was perfonned. A wri tte n estimate of the charges shall be provided to the
customer before the actual work is perfonned.
F. Customer Privacy.
I . Cable Customer Privacy. In addition to comp lyi ng with the requirements in
thi s s ub section, a Ca ble Operator shall fully comply with all obli gations under
47 U.S.C. Section 55!.
2 . Co llection and Use of Pe rsonally Identifiable ln fonnatio n.
a. A Cab le Opera tor shall not use th e Cable Syst em to co ll ect, record ,
mon it or or observe Perso na ll y Identifiable lnfofll'ation withou t the prior
affinnati ve written or electronic co ns ent of the ,;ustomer unle ss, and on ly
to th e ex tent that such in fonnati on is: (i) use d to detect unauthori ze d
rece pti on of cable communications, or (ii) ne cessary to render a Cable
Sr rv ice or Othe r Service prov id ed by th e Cab le Operator to th e Customer.
b. A Cable O perato r sha ll take such act io ns as arc necessary to prevent any
Affi li ate from using th e fac iliti es of the Cable Operator in any manner,
including, but not limit ed to, sendi ng data or oth er signals th ro ugh such
fac ilitie s, to th e extent such use will p ennit an Affiliate un a uth orized
access to Persona ll y Identifiable lnfonnati on on eq uip men t of a Customer
(regard less of wheth er s uch eq ui pment is owned or leased by the Customer
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or provid ~d by a Ca bl e Operator) or on any of the facilitie~ of the Cab le
Operator that are used in the provi sion of Cable Service . This sub sec tion
Fib shall not be in te rpreted to prohibit an Affiliate from obtaining access
to Pers ona lly Identifiable lnfonnation to the extent otherwise pennitted by
thi s subsection F.
c. A Cable Operator shall take such actions as are reasonabl y nece ssa ry to
prevent a person or entity (other than Affiliates) from using the facilities
of the Cable Operator in any manner, including, but not limited to, sending
data or other signals through such facilities , to the extent such l'se will
pennit such perso n or entity unauthorized access to Personally
Ide ntifiable Infonnation on equipment of a Customer (regardless of
whether such equipment is owned or leased by the Customer or provid ed
by a Cable Operntor) or on any of the facilities of the Cabl e Operator that
are used in the provision of Cable Service .
3. Disclosure of Personally Identifiable lnfonnation. A Cable Operator shall not
di sc lose Personally Identifiable Infonnation without the prior affinnative
written or electronic consent of the Customer, except as follows:
a. A Cable Operator may disclose for a Non-cable-related purpose the name
and address of a Customer subscribing to any general programming tiers of
service and other categories of Cable and Other Service provided by the
Cable Operator if the Cable Operator has provided the Customer the
opportunity to prohibit or limit such disclosure in accordance with this
subs ection F and Section 631 of the Federal Communications Act, 47
U.S.C . Section 551 , and such disclosure does not directly or indirectly
di sclose :
i. A Customer's extent of viewing of a Cable Service provided by the
Cable Operator ;
ii . The extent of any other use by a Customer of a Cable Service provided
by the Cable Operator, including , but not limited to a disclosure of the
parti cular viewing se lection s by a person subscribing to a Cable
Service ; or
iii. Th e nature of an y tran sac ti ons made by a Customer over the Cable
Sys tem of the Cable Operator.
iv . The nature of programming that a Customer subscribes to or views
(i.e., a Cable Operator may only di sc lo se the fact that a person
subscribes to a general tier of service or a package of cha nn els witl1 th e
same type of programming) .
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A minimum of thirt y (30) day s pri or to ma kin g an y disc los ure of Perso nall y
lcl cnt ifiabl e In formati on of any Customer as prov ided in thi s sub se cti on F3a ,
th e Cab le Operat or shall notify in wri tin g th e Fra nchi sin g Autho rit y th e fac t
that Perso nall y Ide ntifi ab le ln fon nat ion wi ll be disc losed and eac h Customer
(that th e Cable Opera tor int end s to disc lose infom1a 1io n abo ut ) of th e spec ifi c
in fo nn ati on th at will be di sc losed, to whom it will be di sc lose d, and noti ce o f
th e Customer's rig ht to prohibit th e di sc los ure of suc h in fon n ati on for No n-
ca ble related purp oses . The noti ce to Customers may be in clu ded with or
made a part of th e Customer's month ly bill fo r Ca bl e Se rvice or may be made
by se para te mail ed notic e. Eac h time th at thi s no tice is give n to a Customer,
th e Ca bl e Operator also shall prov id e th e Customer with an opp ornmi ty to
prohibit th e di sc los ure of information in th e future . Such opp ortunity shall be
given in one of th e following forms : a po stage paid , self-add resse d pos t ca rd
provided by the Ca ble Opera tor; a box that may be chec ked by th e Customer
on the $=ustomer's monthl y bill for Cab le Serv ices; ~ toll-free number th at the
Customer may ca ll; or such oth er equiva lent meth ods as may be app roved by
the Fran chi sing Authority .
Additi onally , within fo 1ty-fi ve (45) days afte r eac h di scl os ure of Perso nall y
Id entifi abl e Inform ati c,n of any Custome r as prov id ed in thi s sub sect ion F3a,
the Ca ble Operator shall notify in writin g the Fra nchi sing Authori ty the fact
that Perso nall y Id en tifiabl e Information was di sc lo sed and eac h Cu stomer
(tha t the Cab le Operator has disclosed inform ati on about) of the spec ific
infonnati on that has been di sclo sed, to whom it ha s bee n di sclosed, and noti ce
of the Customer's ri ght to prohibit the di sclos ure of such information fo r non-
cable relat ed purposes . The notice to Customers ma y be included with or
made a part of th e Customer's monthl y bill for Ca bl e Service or may be made
by se parate mail ed notice . Eac h tim e th at thi s notic e is given to a Customer ,
th e Ca ble Operator also shall provid e th e Customer with an op portunity to
prohibit the di sc los ure of in format ion in th e future . Su ch opp ortuni ty shall be
given in one of the foll owin g fonns: a pos tage paid , self-ad dressed pos t ca rd
pro vid ed by th e Ca bl e Opera tor ; a box th at may be checked by th e Customer
on th e Cu stomer's monthl y bill for Ca bl e Services ; a toll -free number th at th e
Customer ma y ca ll ; or such oth er eq ui va lent meth ods as ma y be approved by
th e Franc hi sin g Authorit y.
b. A Ca bl e Operator may discl ose Perso nall y Ide ntifiab le ln fo nn ation onl y to
th e extent th at it is necessary to re nd er, or co ndu ct a leg itim ate bu sin ess
activity related to , a Cae lc Serv ice or Ot her Servi ce prov id ed by the Ca ble
Op ,·ra tor to the Customer.
c. To th e ex tent au th orized by fede ra l law, a Ca ble Operator may di sclo se
Perso nall y Identifiable ln fo nn ati on pursuan t to a subpo ena or co urt order
auth or izi ng such di scl os ure .
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4. Access to ln fomrntion . Any Pers onall y ld emifiable 1nfonn ati on co ll ec tc<l and
maintained by a Cable Opera tor shall be made avai lable for Customer
exa mination within thirty (30) days of receivi ng a reque st by a Custo mer to
exa min e such infonnation at the loca l offices of the Cab le Opera tor or ot her
co nvenient pla ce within the City de signat ed by the Cab le Operator. Upon a
re aso nable showin g by the Custo mer that th e infonnati on is ina ccura te , a
Ca ble Operator shall correc t such in fomia tio n.
5. Priva cy Noti ce to Customers
a. A Cab le Operator shall annually mail a separa te , wrincn or elec tronic co py
of the privacy slalemenl lo Customers consistent with 47 U.S .C . Section
551 (a)( I), and Fhall provide a Customer a copy of such sta tement at the
lime the Cable ')peralor enters into an agreement with the Customer to
provide Cable Service. The written notice shall be in a cl ea r and
conspicuous formal and be printed in !en-point type or larger .
b. In the statem ent required by subsection F5a , a Cable Operator shall stale
substantially the following regarding the disclosure of Customer
infonnation: "Unles., a Customer affirmatively consents electronically or in
writing lo the disclo sure ofpersona!Iy identifiable information, any
di sclosure of personally identifiable information for purpo ses other than to
!he extent necessa ry to render, or conduct a legitim ate busines s activity
related to, a Cable Servic e or Other Se1vi ce, is limited to :
i. Disclosure pursuant to a subpoena or co urt order authorizing such
disclo sure , but only lo the extent authorized by applicable federal law .
ii . Di sclos ure of the name and address of a Cust omer to any general
programming tiers of se rvice and other categories of Cable Services
provided by the Cable Op erato r that do nol directly or indirectly
disc lose : (A) A Customer's ex tent of view ing ofa Cable Service or
Other Servic • provid ed by th e Cab le Operator ; (B) The extent of any
other use by a Customer of a Cable Service; (C) The nature of any
transactions made by a Customer ove r the Cab le System; or (D) The
nature of programmin g or sites that a Custom er subsc ribes to or views
(i.e., a Cable peralor may only di sc lo se th e fact th at a person
sub scribes lo a general tier of service, or a package of ch ann els with th e
sa me ty pe of programming)."
The noti ce sha ll also inform th e Cus tomers of th eir right to prohibit the
di sclo su re of their names and addresse s in accordance with Sul.section b
for non -c abl t rel ated purp oses . Thi s opportunity will be presen~d in th e
form of a toll -free telephone number and/or a po stage paid , se lf-aC:dressed
po st ca rd , prov ided by the Cab le Operator with the pri vacy nctic e or
other mann er acce pt abl e lo the Fran chi sing Auth ority . If a Custome r
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exerc ises hi s or her ri ght to prohi bit the discl os ure of name and address as • pro vid ed in sub sec tion F3a or thi s sub sec tion, such prohibiti on aga in st
disclo sure sha ll remain in effect permanent ly, unl ess the Customer
sub se quently notifi es th e Cable Operator in writmg that he or she wis hes
to permit th e Cable Operator to di sclo se hi s/her nam e and address .
6. Pri vacy Re porting Requir ement s. Th e Cab le Operator shall include in its
regular peri od ic report s to the Franchising Aut hority requi red by it s Fra nch ise
Agreement infonnation summari zin g:
a. The type of Personall y Id entifiable In forma ti on that was actually co llected
or disclo sed by Cab le Operator during the reporting perio d;
b. For each type of Perso nall y Id enti fiable lnfonnation co llect ed or disclo sed,
a statement s~ffic ient to demonstrate that th e Personally Id entifi ab le
Information co ll ected or dis closed was : (A) co llected or dis clo sed only to
the exten t Necessary to render, or conduct a legitimate busine ss activity
related to. a Cable Service or Other Service provided by the Cable
Operator , (B) used on ly to the extent Necess ary to detect unauthori ze d
rece ption of cable communications: (C) dis closed pursua nt to a subpoena
or valid court order or to a governmental entity to the extent required by
federal law; (D) names and addresses disclosed in compliance with • subsec tion a of this sec tion ; or (E) a disclosure of personally identifiable
information of particul ar sub scri bers, but only to the extent affinnatively
co nsent ed to by such subscribers in writing or electronically.
C. The names of all entities to whom such Personally Ident ifiable Information
was disclosed , except that a Ca ble Operator ne ed not provide the name of
any coun or governmental entity to which such disc losure was mad e if
such disclosure would be incon sisten t with applicable federal law;
d. The measures that ha ve bee n take n, or co uld be tak en, to preve nt the
unauthori zed acce ss to Perso nally Identifiable Information by a perso n
other than the Custo mer or th e Cab le Operator. A Cab le operator shall
meet with Fr anchi sing Authority if requested to di scuss tec hn ology used
to prohibit una uth ori zed access to Perso nally Id entifiable Informati on by
an y mean s.
7. Nothing in thi s sub sec ti on F shall be constru ed to pr even t th e Franchi sing
Authority from obtaining Person all y ldenti:iable Inforn1ation to the ex tent not
prohibited by Secti on 631 of th e Cu,,;r,iunications Act , 47 U.S.C. Secti on 55 1.
8. Any aggrie ved pe rson ma y commence a civil action for damages for invasion of
privacy again st any Ca ble Operator. •
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9. Des tru ction of Personall y ldentili ab lc ln fo nnati on. A Cable Opcrn tor shall
des troy, within nin ety (90) rl n ,. any Perso nall y ldc n11fi ablc In for mat ion if
th e Perso nall y Id entifi a bl e In fo rm ati on is no longe r nec essa ry for th e purp ose
fo r wh ich it was co lle cted and there arc no pending reque sts or orders fo r
access to such Perso nall y Iden ti fiable In for mati on under sub sec ti on 3 of thi s
sub sec ti on. pursuant to a co urt ord er, or pursua nt to Secti on 63 1 of the
Co mmuni ca ti ons Act, 47 U.S .. Section 55 1.
G. Sa fet y.
A Ca ble Opera tor shall in stall and locate it s fac ilitie s, cab le sys tem, an d
equipment in co mplian ce wi th all federal , state, loca l, and co mpa ny safety
standard s, and in such manner as shall not undul y inter fe re with or endan ger
perso ns or pro pert y. Wh eneve r a Ca ble Op erator re ce ives noti ce th at an un safe
co nditi on exists with respect to it s equipment , th e Cab le Operato r shall
in ves ti ga te such condition immediat ely, and shall take such mea sure s as are
nece ssa ry to remove or elimin ate any un sa fe co nditi on.
H. Satisfaction Guaranteed .
A Ca bl e Operator shall guaran tee cus tomer sa ti sfac tion for every custo mer who
requ es ts new in stall at ion of Ca bl e Serv ice or adds any addi ti ona l serv ice to th e
c ustomer's sub sc ripti on. Any such cust omer who req uests di sco nn ec ti on of such
serv ice within 30 days from its dat e of ac tiva ti on shall rece ive a cre dit to hi s/he r
account in the amount of one month's sub sc ripti on charge for th e se rvi ce that has
been disconnected .
12-6-4 : COMPLt .lNT PROCEDURE .
A . Complaints to a Cable Operator
I. A Cab le Operator hall esta bli sh written proc edure s for rece ivi ng, act in g upon ,
and reso lvin g custo mer co mplaint s, and crediting cu stomer accounts and shall
have such pro ce dure s print erl and di sse minat ed at th e Cab le Operato r's so le
expense, co nsis tent with Se cti on 3.E .1.e of th ese Standard s.
2. Said writt en proced ures shall pr esc ri be a simpl e mann er in whi c!1 any
cus tome r ma y submit a co mpl aint by telephon e or in writin g to a Cable
Operat or th at it has violate d any prov ision of these Customer Service
Standard s, any tenn s or condi ti ons of the customer's co nt rac t wi th th e Ca bl e
Operat or, or reasonab le bu sin ess pra ctic es.
3. At th e con clu sion of the Ca bl e Operator's inve sti gation of a c ustomer
co mpl ai nt , but in no more than ten ( 10) ca lendar days aft er receivin g th e
com plaint , th e Cab le Operat or shall noti fy th e cus tomer of th e resu lt s of it s
investi ga tion and its proposed ac ti on or cre dit.
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4. A Ca ble Opera tor shall also noti fy th r: custome r of the cu stomer's right to fi le
a complaint with the Franch isr ng Author it y in the event the cu sto mer is
dissa ti sfi ed with th e Cab le O pera tor's dec ision. and shall th oro ughl y exp lai n
th e necessary proced ures for fi ling s uch co mpl aint with th e Franchi sin g
Aut hori ty.
5. A Cab le Operator shali imm edi ately report all customer Esca lated co mpl aints
th at it docs not lind va lid lo the Fra nchi sin g Auth orit y.
6. A Ca bl e Operator's co mpl aint proced ures shall be fil ed with an d appro ved by
the Franc hi sin g Auth ority pri or to implem enta tion.
B. Security Fund or Letter of Credit
A Ca ble operator shall co mpl y w1 th any Franchi se Agree ment rega rdin g Letters of
Cred it. !fa Fra nchi se Agre ement is sil ent on Letter of Credi t th e fo ll ow ing shall
ap pl y:
I. Within thiny (30) day s of th e effective date of the se Sta ndard s or th e effec ti ve
dat e of any fra nchi se gra nt ed by the Fra nchi sin g Aut hori ty, which ever occ urs
fir st, a Ca ble O pera tor shall depo sit with an escrow age nt ap proved by the
Fra nchising Authority on e hundred thousa nd do ll ars ($100,000) or, in the so le
di sc retion of the Franchis in g Auth ori ty , such le sse r amount as the Fran chi sin g
Auth ority deems re aso nab le to protec t s ub scr ib ers within its juri sd icti on.
Alt ern at ively , at the Cab le Opera tor 's di sc reti on, it may prov ide to th e
Franchisi ng Authority an irrevo cable lett er of cred it in the sa me amo unt. Su ch
amount ma y, wi th th e ap prova l of th e Fra nch ising Au th ority , be pos ted
jointly for more th an one member of the GMTC, and may be ad mi nistered,
and drawn upon , j ointl y by the GMTC or draw n up on ind ivid uall y by eac h
membe r.
The escrowed funds or letter of cred it shall co nst itut e the "S ecurity Fund" fo r
ensurin g comp li ance with th ese Standard s fo r the benefit of th e F,anchis in g
Auth ority. The escrowed fund s or lett er of cred it shall be maint aine d by a
Ca ble Op er ator at one hun dred thou sand do ll ars ($100,000), or such lesse r
amount acce pt ed by th e Fra nchi sin g Auth ori ty , even if amount s arc
withd raw n pur suant to any prov ision of th ese Standa rd s.
2. The Fra nchi sing Au th ority may requi re th e Cab le Operator to in crease the
amo unt o f th e Sec urity Fund , ifit fin ds that new risk facrors ex ist whi ch
neces sit ate such an in crease.
3. The Sec urity Fund shall serve a, sec urit y fo r th e pa yme nt of any pen alt ie s,
fees , charges or credit s as provided fo r here in and fo r th e perfo nnan cc by a
Cab le Opera tor of all it s obligati ons under the se Cu stom er Servi ce Stand ard s.
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4. 11,e ri gh1 s re served to th e Fran chisi ng Authority with re spect to th e Se c urity
Fund arc in add it ion to all ot her ri ghts of th e Fra ncl11 sing Auth ority , wheth er
rese rved by an y applicab le franc hise agreem ent or autho ri zed by law, and no
acti on, pro ceedin g or exerc ise of a right wit h res pect to same shall in any way
affec t, or dimini sh, any oth er righ t th e Fran chising Auth orit y may ot herwise
have .
C. Comp laints to the Franchising Authority.
I. Any custome r who is dissati sfied wi th any proposed de cisio n of the Cab le
Opera tor or who has not received a dec ision wi thin th e tim e peri od set forth
below shall be entitl ed to ha ve th e comp laint reviewed by the Franchi sin g
Au th orit y.
1 2. The customer may initi ate th e rev iew eith er by calling the Franchising
Auth ority or by filing a written com plaint toge th er wi th th e Ca ble Opera tor's
written decision, if any, with the Franchi si ng Authority.
3. The customer shall make such filing and notification within twenty (20) days
ofreceipt of the Ca ble Ope.rator's decision or, ifno decision has been
provided, within thirt y (30) days after filing th e original co mpl ai nt wi th the
Ca bl e Operator.
4. If the Franchi si ng Auth ority decides that further ev id ence is warranted, the
Franchising Authority shall require the Cable Operator and th e customer to
submit , within ten (10) days of not ice th ereo f, a writte n statem ent of th e facts
and arguments in su pp ort of th eir respective positions .
5. The Cab le Opera tor and th e custome r shall produc e any additi onal evide nce ,
in cl udin g any report s from the Cab le Operato r, which the Franchising
Au th ority may deem n·ce ss ary to an understandi ng and detennination of th e
comp lai nt.
6. The Franchi sing Aut hority sha ll issu e a detenn in ati on within fifteen ( I 5) day s
of receiving the customer co mpl ai nt , or afte r exa minin g the 111 c1 tcria ls
submitted , setting fort h it s basi s fo r th e detennination .
7. The Franc hi si ng Authorit y may exte nd th ese tim e limit s for reas onab le cau se
and may intercede an d attempt to ne gotia te an infonnal re so lution .
8. If th e Franchising Auth or ity detenn ine s that the custo mer's co mpl aint is va lid
and th at the Ca bl e Opera tor di d not provide the com pl aining cu stom er wit h
the pro per so luti on and/o r cred it , th e Fra nchi si ng Au th ority m1y reve rse any
decision of th e Cab le Opera tor in the matter and/or requir : th e Ca bl e Opera tor
to gran t a specific so lu tion as detcnn ined by the Franchi sin g Aut hori ty in its
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sole di scre1i on, and/or any credit prov id ed fo r in 1hese Sta ndards ; or 1he
Fra nchi sin g Authorit y may provid e the customer with 1hc amou nt of lhc
cred it by mea ns of a wi1 hdr.1wa l from the Sec uri ty Fu nd .
D. Verification of Compliance.
A Ca ble Opera tor shall establish it s co mplian ce with any or all of th e stand ard s
required throu gh annual re ports th at demon stra te sa id co mpli ance , or as requested
by the Franc hi sin g Aut hority.
E. Ove rall Quality of Service
The Fran chi sin g Auth or ity may eva lu ate th e overa ll qu ality of customer serv ice
pro vided by a Cab le Operator to custo mers:
I
I. In conjun ction with any perfo rman ce rev iew provid ed fc ,r in the fr anchi se
agreement; and
2. At any other time , at it s sole di sc retion , based on the number of customer
complaints received by a Ca ble Operator and the Franchising Authority , and
th e Ca ble Op erator's res pon se le> those complaints.
F. Procedure for Remedying Violations.
I. If the Franchising Authority ha s reason to beli eve that a Cahle Operator has
failed to comply with any of these Standards , or ha s fa iled to perform in a
timely manner , the Franchi sin g Authority may pursue the proce dures in its
Franchi se Agreement to address vio lations of the se Standards in a like manner
as other franchise violati ons are con sidered .
2. Following the proc edures se t forth in any Franchi se Agree ment gove rning the
mann er to ad dress all ege d Franchise violati ons, if th e Franchising Authority
detem1in es in it s so le discretion that the noncompliance ha s be en
subst anti ate d, in ad dition to any remedies th at ma y be pro vid ed in th e
Fra nchi se Agree ment , the Fran chi sing Auth ority may:
a. Imp ose assessme nt s of up to one th ousa nd dollars (S l,000 .00) per da y, to
be withdrawn fr om th e Sec uri ty Fund in ad diti on to any franchise fe e until
the non-co mpli ance is remedied ; and/o r
b. Order such rebat es and cre di ts to affected cu sto mers as in it s so le
discretion it deem s rea sona ble and appropriate for degrade d or
un sa ti sfac to ry se rvices th at co nstitut ed nonc omplian ce with the se
Standards ; and/o r
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c. Withhold lice nses an d permit s fo r work by th e Ca ble Operator or it s
subcontra ctors m acco rd ance wit h applicable law .
12-6-5 . MISCELLANEOUS.
A. Severability.
ShouL any section , subsection , paragraph, term , or provi sion of the se Standards
be determined to be illegal , invalid, or uncon stitutional by any court or age ncy of
competent jurisdiction with regard thereto, such determination shall have no effect
on the validity of any other section, subsection , pa ra graph , term, or prov ision of
these Standards , each of the latter of which shall remain in full force and effect.
B. Non-Waiver.
I
Failure to enforce any prc,vision of these Standards shall not operate as a waiver
of the obligations or responsibilities of a Cable Operator under said provision, or
any other provision of these Standards . Revised 5/20 /04 .
12-6-6. Credits to Customers .
SCHEDULE A -CREDITS TO CUSTOMERS
STANDARDS OF CUSTOMER SERVICE SUGGESTED
A COURTESY
i. Cable Operator employees, contractors and
subcontra ctors shall be co urteous ,
knowledgeable and helpful in th eir services.
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MINIMlJM
COMPENSATION
(if compensation Is
not agreed to between
the Cable Operator
and Customers, the
matter may be
submitted to the
Franchising
Authority, which
shall make the final
determination, in its
reasonable
discretion)
$5.00 credit to their
account.
• B. ACCESSrB IUTY
I. Cable Operator shall pro vide one custo mer $5.00 credit to th eir
serv ice center such that no subscriber is farther account
than IO mi les from one .
2. Ca ble Operator sha ll have local telephone access $5 .00 credit to th ei r
lines that arc availab le 24 hou rs a day , 7 days a account.
,. aek.
3. Cab le Operat or shall have di sp atchers and $5.00 credit to thei r
techni cians on ca ll 24 ho urs a day, 7 day s a account.
week .
4. Ca ble Operator shall have suffic ient customer $5.00 credit to their
service representatives and te lephone line account.
capac ity to ensure that ca ll s are answered in 60
secc,nds or less 90 % of the time, measured
month ly.
5. Calls rece iving busy signa ls sha ll not exceed 3% $5.00 credit to thei r
of the total telephone calls 90% of the time, accoun t.
meas ured month ly.
C. RES PONS IVENESS
I. Guara nteed 7-Day Resi denti al In stall atio n
a. Cab le Operator sha ll comp lete Standard Free installation , or I
reside ntia l insta ll ations reque sted by a month's bas ic service,
cu stomer within 7 business days afte r if the fe e has been
orde r ha s aeen ;,laced. waived for prom otiona l
re aso ns .
b. All und ergro und cab le drops wil l be
buried no less tha n 12 inches deep (6
in che s d~ep 11 1hcre is a sprinkler sys ter
or othe r co nstruction concerns).
2. Residenti al Ins ta ll ation App oin tment s
a. Cable Operat or customers wanting $5 .00 credit to th eir
installation of cab le may choose a 4-hour accou nt. • ti me-b lock for installation between the
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3.
•
hours of 8:00 a.m. and 6:00 p.m. si x
da ys per week .
b. Cable Operator may not cancel an $5 .00 credit to their
appointm ent with Customer afler the accow1t.
close of business on the 1-•Jsine ss day
prior to the date of the sc neduled
appointm ent.
c. If Cabl e Operator is running late and will $5 .00 credit to their
not be able to keep the appointment account.
with the cu stomer as scheduled , the
customer will be contacted promptly.
The appointment will be scheduled , as
necessary at a time that is convenient to ,
the customer.
d. Cable Operator will deem to have $5 .00 credit to their
responded to a service request when the account.
technician arrives within the agreed upon
time , and , if the customer is absent, the
technician leaves the written notification
of arrival and return time, and a copy of
that notification is kept by the Cable
Operator . In such circumstances, the
Cabl e Operator shall contact the
customer within 48 hours .
Resldi,ntlal Service Interruptions
a. System outages resulting from Cable
Operator equipment failure , shall be
corrected with;n 2 hours afler the 3rd
customer call is receiv ed.
b.
C.
All other int erruptions resulting from
Cable Operator equipment failure shall
be corrected by the end of the next
calendar day.
Cable Operator shall keep a tile of any
and all co mplaints regarding the ca ble
system or its operation , and the Cable
Operator's action in response to those
complaints . Cable Operator shall submit
an exe cutive summary of th os e
co mplaints and submit to the franchi sing
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One day's free service
for each 24-hour delay .
One da y's free service
for each 24 -hour delay .
One day's free se rvi ce
for each 24-h our del ay.
4.
5.
6.
d.
authority monthl y. A log of ~II se rvice
interruptions shall be submined 10 th e
fra nchi sing aut hority quarterly.
All service outa ges or interrupti ons
beyo nd th e contro l of Ca ble Operator
shall be corrected within 36 hours after
th e conditio ns beyond it s contro l ha ve
been corrected .
TV Reception
a. Cable Operator shall provide clear
television reception and shall make repairs
promptly , and interrupt service only for
good cause and for the sho rt est time
possible .
b. If a customer experiences poor video or
audio reception due to Cable Operator's
equipment , Cable Operator will repair the
problem no later than the day following
the customer call .
Problem Resolution
One day's free service
for each 24-h our dela y.
One day 's free se rvice
for eac h 24 -hour delay .
One day 's free serv ice
for each 24-hour delay.
a. Cable Operator Customer Service $5.00 credit to th eir
Ropresentatives w"ll be able to provide account.
credit, waive fees , schedule appoinlmenls
and change billing cycles . Any difficulties
that ca nn ot be re solved by the customer
serv ice repre se ntatives will be referred to a
sup ervisor who will contact th e customer
within 4 hours and resolve the problem
within 48 hours .
Billing, Credits and Refunds
a. Cable Operator will allow 30 days from $5 .00 credit to their
the date of th e bill for pa yment. If not accoun t.
paid within 30 da ys of the date, Cable
Operator may app ly an adm ini str ativ e fee .
If not paid within 45 days of the date ,
Cab le Operator may perform a "soft"
disconnect of th e cu stom er's service..
b. Cable Operator shall issue a credit or
refund within 30 days afte r determinin g
the c, ~to mer is ent itl ed to one .
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$5 .00 credit to their
account.
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7.
c. Whenever Cabl e Operat or 0fTers an y $5.00 credit to their
promotion al or spe cially priced scrvice (s ), account.
its promotional materials shall clearly
identify and explain the specific terms of
the promotion , including but not limited to
111 anner in which any payment credit will
be applied .
Tr eatment of Property
a. Cable Operato r shall replace trees or
shrubs damaged during installation .
b.
C.
d.
Cable Operator shall restore any damaged
property to the sa me condition it was
before damage occwred.
Except in cases of emergency, Cable
Operator shall give reasonable notice to
property owners before entering prem ise s,
specifying the work to be done .
Cable Operator personnel shall clean up
the area surrounding a work site and
properly dispose of cable materials .
$10 .00 credit plus any
additional repairs.
$ I 0.00 credit plus any
additiona\ repairs .
$ I 0 .00 credit plus any
additional repairs .
$10.00 credit plus any
additional repairs.
D. SERVICES FOR CUSTOMERS WITH
DISABILITIES
I . Cable Operator shall deliver and pick up $5.00 credit to their
equipment at the home of customers with account.
disabilities . In the case of malfunctioning
equipment , the technician shall replace it with a
new one at no charge.
2. Cable Operator shall provide TDD service $5 .00 credit to their
with tr ained operators who can provide any account.
assistance available .
3. Cable Operator shall provid e free use of a remot, $5.00 credit to their
control unit to mobility-impaired cu stomer s. account.
4. A cu stomer with a di sability may request the $5.00 credit to their
above services by providing Cable Operator will account.
a letter from a ph ysician stating their condition ,
or by making the request to Cable Operator 's
in staller or servi ce techni cian in perso n, where
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the need for the special serv ice s can be visua ll y • confinncd.
E. Cl.iSIQMER IISEQRMAIIQl'.S
I. Upon installation, or at a customers request, Provide customer with
Cable Operator will provide the following the requ es ted service
infonnation (in Spanish when reque sted by the infonnation.
customer):
a. Products and services offered in cluding
channe l lineup ;
b. Comp lete range of service options and
prices ;
C. Billing, collectio n and disconnect
policies;
d. Privacy rights of custo mers;
e. Complaint procedures, including fonns,
telephone numbers and mailing address of
the Cab le Operator, the FCC, and the
franchising authority;
f. Use and avai labi li ty of parental
control/Jock out device;
g. Special serv ices for custo mers with
disabi lities;
h. Days, times of operation, and locations of
the services centers;
i. Either a copy of these Cus tomer Service
Standards and any other applicable
customer service standards, or a summary
thereof, or the URL address of a website
containing these standards . The GMTC
or its des ignee shall be respon sib le for
maintaining the URL .
2. Copies of all notices provided to the custome r
sha ll be fi led co nc urrent ly with the franc his ing
authority an d the GMTC.
3. Cable Operato r wi ll provide customers wi th $5.00 credit to the ir
written notification of any change in rates , account
programm ing, or channel po;itions at least 30
days before the effective da te of cha nge.
4. Every emp loyee of Cab le Operator in co ntact $5 .00 credit to their
wi th customers or when working on pub lic account
property will wear an identification card with
their name and photograph. Every vehicle of
Cab le Operator or subcontractor shall be
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F.
I.
2 .
3.
4.
G.
I.
visually identified as working for Cable
Operator
CUSTOMER PRIVACY
Collection and Use of Personally Identifiable
lnfonnation
a. Cable Operator shall not use the Cable
System to collect , record , monitor or
observe Personally Identifiable
lnfonnation without written pennission
from the customer unless such infonnation
is used to detect unauthorized reception of
cable service, or is necessary to render
Cable Service to the customer.
b. Cable Operator shall not violate any other
provisions of Section IO.F .1-3 of the
Customer Service Standards.
The customer shall
receive a cr~dit to their
account ( or if the
account is being
cancelled, a payment
from the Cable
Operator) of at least
$100 .00, dependin g
upon the circumstan'ces
of the violation.
Access to lnfonnation. Cable Operator shall $10 .00 credit to their
make personally identifiable infonnation account
available to customers pursuant to Section
lll.F .4 of the Customer Service Standards.
Privacy Notices . Cable Operator shall comply $10 .00 credit to their
with all provisions of Section IU .F .5 of the account
Customer Service Standards.
Destruction of Personally Identifiable
Infonnation. Cable Operator shall destroy all
personally identifiable infonnation of
customers in accordance with Section lll.F.9 of
the Cu s•omer Service Standards .
SAEEil'
Cable Operator will install and locate its
equipment in compliance with all federal , state,
local, and company safety standards, and in
such a manner that will not interfere with or
endanger persons or property .
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Payment from the
Cable Operator of at
least $100.00,
depending upon the
circumstances of the
violation.
A credit to the
customer 's account in
the amount of at least
$25 .00 a day for each
24 hour delay in
responding, plus
additional rights or
causes of action
available to the
H. SAT ISFACTION GUA RANTEED
Ca ble Operator wil l g uarant ee c ustomer
:,a ti sfocti on· for every customer who reque sts
new in stall ati on of ca bl e service or add s an y
additional progra mmin g se rvice to the
c ustomer's cab le subscripti on. Any customer
wh o requ es ts disconnection of service within
30 days fr om date o f activation shall re ce ive a
credit to th eir acco unt.
customer.
One month 's
sub sc ripti on charge fo r
th e service th at ha s
been di sconn ected.
~ Safety Clau ses. The Ci ty Co uncil hereby find s, determin es, and
dec lare s th at thi s Ordinance is promulgated under the gen era l police power of the City
of Englewood. th at it is promulg ated for th e health , sa fety , and welfa re of th e publi c,
and that thi s Ordin ance is ne cessary for the pre serva ti on of he alth and safel y and for
th e prot ec ti on of publi c co nve nience and we lfa re. The Ci ty Council furt her
dctcnnincs th at th e Ordinance bea rs a rational relation to th e proper leg islati ve
objec t so ught to be ob tai ned .
~ In co nsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portio n hereof arc hereby
repealed to the extent of such inconsistency or co nflict.
Scctjon 4. Effec t of repe al or modifica1jpn. The repeal or modifica ti on of
any provision of the Code of the Ci ty o f Englewood by thi s Ordinance shall not
re lease , exlinguish, alt er, modify, or change in who le or in part any penally,
forfeiture , or li abilit y, ei1h er civil or criminal , whic h shall have be en incurred und er
such provision , an d each prov ision shall be tre ated and held as still remainin g in fo rce
for the purpo ses of sus1ainin g any and all prop er ac ti ons, suit s, pro ceedi ngs , and
pro se cutions for th e enfo rc eme nt of the pen alt y, forfeiture , or liability , as well as for
the purpose of sustainin g any jud gmen t, decree , or order whi ch can or may be
rend ere d, ent ered, or made in such ac ti ons, suit s. proceed ings, or prosec uti ons.
Sec ti on 5. Penalt y. The Penalty Pro visio n of Section 1-4 -1 EMC shall not
appl y to this Ord in ance. The penaltie s fo r violat ion of 1h is Ordi nance arc se t fo rth
in I 2-6-4(F) and 12-6-6 Englewood Municipal Co de.
Int rod uced, read in full, and pa sse d 0 11 fir st readi ng on th e I 9th day o f Jul y, 2004 .
Pub lished as a Bill for an Ordinan ce on the 23rd day of Jul y, 2004.
Read by title an d pa ssed on fina l read in g on th e 2n d da y of Augus t, 2004 .
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• Publi shed by title as Ordinance No.Ji, Series of 2004 , on the 6th dn y of Augu st,
2004.
~
I, Lo ucrisbia A. Ellis, Cirt Clerk of the City of Englewood, Colorado , hereby
ce rt ify that the above and forego in g is a true COJ?YQ'f the rdin pa ssed on fina l
reading and published by title as Ordinance No. :21-, Serie of
~
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COUNCIL COMMUNICATION
D ale:
July 19, 2004 I
Agenda Item: I Subject : Cable Cus tom er Service
I I a i Standa rd s Revisio n
Initiated By:
City Manager's Office I
Staff Saurce:
Le igh Ann Hoffl1ines, Communica ti ons Specialis t
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In December of 1994, City Co unci l adopted Ordinance No. 60, w hi ch c rea ted a n ew Chapter in
the Englewood Municipal Code es tab li shing Cab le TV Customer Service Standar ds . Th ese
standards h ad been deve loped by th e G rea ter M etro Telecommunica tions Co ns ortium (GMTC),
and adopted by m os t of GMTC memb er communiti es, l o help ensure quality cus tomer service fo r
ca bl e subsc ribers th ro ughout th e D enver metro area. In May of 2002, City Coun cil adopted
Ordinance No. 19, approvi ng a ca ble fr ar.chi se ag reement with AT&T Broa dband (n ow Comcast).
Thi s fr anc hi se agreem ent refere ncrd th e ex isting Customer Serv ice Standa rd s, and sl ated that th ey
coul d be c han ged by City ordinance . City Co un ci l disc uss ed th e rev is ed Customer Service
Standards al th e Jul y 12, 2004 Stud y Sess i~n.
RECOMMENDED ACTION
Sl aff see ks Cou ncil 's support for a bill fo r an ordin ance revis ing and updating th e current Cu stomer
Service Standards for ca ble op erators.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Cit y of Englewood is a member of lhe Greate r Metro Tel ecomm uni ca tions Consortium
(GMTC), w hi c h represe nts its m ember governments in the prolec lion of tf e public's in l eres l in
m ailers of co nce rn related l o telecommunica ti ons iss ues. Th e GMTC's Cus tom er Service Standards
were first ado pted in 1994 l o es tabli sh uniform requiremen ts fo r th e quality of se rvice ca ble
p roviders are expected l o offer th eir customers in th e rnelropolilan area. Thi s propose d update is
the first subs tanti al revision l o lhe standards sin ce 1994 . A GMTC commitlee, led by GMTC lega l
coun se l Ke n Fe llman, worked l o revise th e Customer Service Standard s w ith i nput fr om seve ral
juri sdi cti ons, an d sub se qu ent nego ti ati ons wi th rep resentati ves from Co mcas t.
Some of th e proposed revis ions were prompted by th e need l o recogn ize curren t techn ology and
address custome r pr ivacy co ncerns. O th ers are housekee ping rneas ur es, cl ean in g up and cla ri fy in g
language.
Th e subs tantive changes are summ ari zed be low:
1. The new standard s make clear th at if th ere is any co nni cl between th e ob li ga ti o ns of th e
Cust omer Se rvice Stand ards and th e spec ifi cs of th e Franchise Ag ree ment, th e Fran chi se
Agree m ent co ntrols.
2. Definiti ons have b ee n chan ged l o b elier trac k wi th sl al u l ory defini ti ons. In additio n, new
definitions fo r term s li ke "non-ca ble related p urpose", "norm al operati ng co nditions",
"perso na lly identifiable informa ti on ", and "service inl erruplion" have been added l o add ress
some of th e new issues listed below .
3. Sec tion 12-6-3 (B) (4) has b ee n modifi ed to address th e issue of custom ers havi ng to nav igate
th rough a long, record ed se t of instru c tions, befo re ha ving th e ability to sp ea k wi th a live
customer serv ice repr esen tative. The new languag e requi res tha t if the cus tomer's telephone
call is answe red wi th a reco rded message, th e customer mu st receive th e opti on fo r a prompt to
con nect to and speak wi th a Cl lSlomer service represe nt ative w it hi n 60 seco nds of the
co mm ence ment of th e reco rdin g.
4. In Sec tio n 12-6 -3 (C) ( 1) (a), th e p ri or Cu stomer Se rvice Stand ard s req uired all install ati o ns to be
co mpleted within 7 days after th e order was placed. Tha t has been amended to req uire all
in sta ll ations or any m odifica ti ons to service to be com pleted w ithin 7 days .
5. A new Subsecti on 12-6-3 (C) (6) (c) h as bee n added to address pro m oti onal offers and speciall y
price d services . Th e Committee ex presse d c once rn th at a number o f ci tizen co mplaints have
related to prom otiona l offers rega rding w hen payment credits would b e applied to c ustomer
acco un ts. Th e new Subsec ti on requires that w hen such promo ti ons are made, th e spec ific
term s of the promo tion, including th e paymen t c redit, w ill be clea rl y ex plained.
6. New language has b ee n added as Subsec tion 12-6-3 (C) (7) (c) (i-ii i) to cla ri fy w hat kind of
no ti ce must be provid ed to a p roperty owner or le~a l te na nt w hen differen t kinds of work is
done o n pri va te property by th e cabl e o perator.
7. Th e p ri or Custom er Serv ice Standards required th e ca ble opera tor to p rovide va ri o us
informati on to subscribers w hen requ es ted, incl uding a complete copy of th e standards . A new
Subsec ti on 12-6 -3 (E) (1) (i) provides th e option to make th e Customer Servi ce Standards
ava ilabl e by providing a URL address of a GMTC website w h ere th e Standards w ill b e l oca ted.
It furth er provid es th at a cu stom er req ues t for in formati o n may be fulfill ed by providing
information elec troni ca ll y, if that is acce pt able to a c usto mer.
8. Perhaps the mc <t significant changes to the Customer Service St and ards involve Sec ti on 12-6-3
(F) re latin g to cus 1omer privacy. Th at Section has b een rt w ritten to p rovide in subs tan tive
detai l, w h en and :1ow a ca bl e op erat o r may ob tain, utilize, and discl ose a customer's p ers onall y
id entifi ab le information. It provides detail o n th e type of privacy no tice that must b e provided
to subsc ribers, and it req uires th e cabl e operato r to des troy a c ust om er's p erso nally identifiab le
informati on w ithin nin ety (90) days after th at in ;u,ma ti on is no longer nece ssary fo r th e purpose
fo r w hi ch it was coll ec ted, and if th ere are no pending co urt orders.
9. Se ction 12-6-4 (C) and (F) addres s how complaints are made to th e fran chi sin g auth o rity, and
th e reme di es th at can be imp ose d up on find in gs in viu latio n. Th e pri or language was , in so me
case s, in co nsis tent with a numb er of Franchi se Ag ree men ts and has bee n modifi ed to elimin ate
th e problem . Comcas t urged the GMTC to eli min ate th e ex isting Standards ' provisio n all owing
for assess ment of mo11etary pe nalti es (o r viola ti ons. Thi s requ est was not acc omm oda ted and
th e ab il ity to impose a,;sess ments fo r violati o ns rema in s in th e Custo mer Serv ice Sta n dards. The
GMTC feels stro ngly that th e assessmen ts provide an in ce ntive fo r th e ca bl e op erato rs to
com p ly w ith th e Custom er Serv ice Standa rd s.
FINANC IAL IMPACT
Th ere is no finan cia l impac t assoc iated w ith th e adoption of th e propose d Custom er Serv ice
Stand ards.
LIST OF ATTACHMEN TS
Propose d Bill for an Ordinance
•