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HomeMy WebLinkAbout1994 Ordinance No. 060• • • ORDINANCE NO.~ SERJF.s OF 191M BY AUTHORITY COUNCILBILLNO. 68 INTRODUCED BY COUNCIL MEMBER HATHAWAY ;,N OJlDIN .A.NCF CREATfN • A NEW CHAPI'ER 6, UNDER TITLE 12, OF THE E N Ll'WOOD MIJN IOIPAL CODE ESTABLISHING CABLE TV CUSTOMER SERVICE IITANT\ RDS FOR THE CITY OF ENGLEWOOD, COLORADO . ,,, l!EREAS, the Englewood City Council baa paned Ordinance No. 4, Seriea of 1980 which • ,11,uriud the cable televi1ion permit; and WHEREAS, the Engl•wood City Council alao pa11ed Ordinance No. 37, Serie• of 1992, which authorized co1ta incurred in frand>iae negotiation,; and WHEREAS, the pasaage cf Ordinance No. 38, Serie ■ of 1992, authoriud entering into an intergovernmental agreement creating the Greater Metro Cable Conaortium whereby the City of Englewood became a member cf that Consortium; and WHEREAS, with the passage of the 1984 and the 1992 Federal Cable Ad.a, local governments are authorized to establiah and enforce cuatomer aervice requirement& of the cab Ir ope rator as well as con st ruction requirements; and WHEREAS, the Greater Metro Cabl e Conaortium (GMCC) has establiahed Cuatomor Service Standards; and WHEREAS, the City of Englewood u well as all of the Greater Metro Cable Con sortium members are adopting such cable customer service standards; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : &wm..1. The Englewood City Council hereby approves amending Title 12 of the Englewood Muni ei pal Code by adding a new Chapter 6, establishing Cable TV C111tomer Service Standards in the City of EngJ .. ,ood , Colorado . Title 12, Chapter 6, 1hall read u follows: 12-6: CABu: 'IV CUSTOMER SEllVICE STANDARDS: 12-6-1: POLICY: The Cable Operator should be permitted the option and autonomy to first resolve citizen complaints wi thout delay and interference from the Franchising Authority. Where a given complaint is not addressed by the Cable Operator to the citizen·, satisfac tion, the Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or noncompliance with the Standards is identified , the Franchising Authority should prescribe a cure and establish a 30 day deadline for implementation of the cure . If the noncompliance is not cured within 30 day s, monetary sanction ■ 1hould be imposed lo encourage compliance. These Standards are intended lo be of general application; however , the Cable Operato r shall be relieved of any obligations hereunder which it is unable to perform due to a region •wide natural emergency o .. in the event of force majeure aff'ectinc a significant portion of the franchi se area. The Cable Operator is free to exceed these St.anclani1 to the bonellt of ila Cult.omen and 1uch ■hall be con1idered performance for the purposee o(the■e Standanh. 12-6-2: DEPINmONS: ADOPTION CABLE OPERATOR CITY CUSTOMER CUSTOMER SERVICE REPRESENTATIVE OR CS R FRANCHISING AUTHORITY GREATER METRO CABLE CONSORTIUM or GMCC The proceu nece11ary to formally enact the St.andard1 within the Franchiling Authority '■ juri11liction, or to approve the Model Franchi ■e Agreement adopted by the TCI Renewal Group of the GMCC (the "MFA") incorporatinc the Standard,, under applicable ordinance& and law ■. Any peraon cranted a innchi ■e or permit to operate, or operatinc, a cable televi ■ion, data transfer, or telecommunication ■ 1y1tem within any area or juriadiction or the Franchi line Authority, and, in the MFA, the Grantee, or auch person'■ employees, agents, contract.on, or 1ubcontractors. The City or Englewood, Colorado. Any person who receive■ ■ervice or any sort from the Cable Operator. An y person employed by the Cable Operator to assist, or provide service to, customers, whether by answerinc public telephone linu, writinf ■ervice or insta1lation order&, answering cuatomers' questions, receiving and processing payments, or performing other cuatomer ■ervice-related taak1 . The City or Englewood and/or the Greater Met .. Cable Consortium, and/or, in the MFA, the Grant.or. A Colorado agency formed by intergovernmental agreement between its me mbers , local governmental 1ubdivi1ions of the State of Colorado. The GMCC may be delegated the authority to enforce cable television franchises and cable s ystem operation s for its member communities, and may admin ister any or alJ functions under these Standards. 2 • • • • • 12-6-3: CUSTOMER SERVICE: A. Courte ■:.,. All employee ■ or the Cable Operator ■hall be courteou ■, knowledgo abl• and helpful and ■hall provide effective lllld 11ti1ractory aervice in aU con ~~h wi th customers. B. Acceuibility . 1. Within ■ixty (60) day ■ or the effective date or i.hoe Standard ■, the Cable Operator ■hall provide, at 1ite1 acceptable to tbe Franchiaing Authority, customer service centen/businesa :,fficea ("aervite centers") such that no customer ahall be located further than ten (10) ilea away rMm a 1ervice center. Except aa otherwiae approved by the ,.:r,,chiaing Authority, all aervice centen ■hall be open Mondll)' throuch Frid.__, from 8:00 am. to 6 :00 p.m., and from 9 :00 am to 1:00 p.m. Satu1ii~ya, ar .. l ahall be fully ataffed with cuatomer aervice representativel offerine U,e followine aervice ■ to customers who come to the aervice center : bill payment, equipment exchange, processing or change of service requ .. to , and response to custom er ,ii ai rie ■ and reque ■ts. The FrM tl1ismg Authority may approve a1temativ,tt for service cent.en offerine lea !er services at any ■ite to which the public h !a generel acce ss. The Cabl e Operator shall post a aiv,n at each service cent ., advising customers of ita hours or operation and of th e addresaes '\II!! telephone numbers at which to contact the Franchising Authority and the Cable Operator if the aer,ice center ia not open at the times posted. The Cable Operator ■hall provide free exchange ■ of faulty co nvert.era at the cu stomer', address . 2 . The Cable Operator shall maintain local telephone acoeas lines tli at shall be a vailable 24 hours a day, seven days a week for aervice/repair requests and billing inquiries. 3 . The Cable Operator shall hav, di s patchers and technicians on call 24 hours a day, 7 days a week, including legal holidays. 4 . The Cable C ;.tr,,tor shall retain suffi ci ent CU1tomer aervice repre sentatives and telephone line capacity to ensure that teleph one calls to service/repair and billing inquiry lines are answered by a customer service representative within 30 secon ds or less, anc' that any transfers are made within 30 aeconds. These standards shall be met no le ss than 90 percent of the time measured monthly. 5 . The total number of call s receiving busy signals shall not exceed 3% of the total telephone calls. This standard shall be met 90 percent or more of the time measured monthly . 3 C. Respon1ivene11. 1. Gua.ranteed Seven -Jay Residential Installation . a . The Cable Operator ■hall complete all 1tandard ruidential installations requested by customer■ within 7 bu ■ineu day■ after the order is placed, unleu a later date for in ■talla tion is requested. "Standard" residential installations are tho ■e loccted up to 125 feet from the existine di strib•,tion system . If the customer requests a nonstanda.rd re ■id e ntbl in1tallation, or the Cable Operator determine, •hat a non ·,tandar!I reridential installation i1 required, the Cable Oper.:.oa :l,all provide the cu ■tomer in advance with a total installation co ■t estirnate and an estimated date of completion. b . All undere,ound cable d,ops from the curb lo the home shall be uried at a depth of no le11 than twelve inches (12"), and within no more than one calendar week from the initial installation, or at a time mutually aereed upon between the Cable Operator and the customer. 2. Residential Installation and Service Appointments. a . Customers requesting installation or cable service or service to an existine installation may choose any of the followine blocks of time for the installation appointment: 8:00 Lm . to 12:00 noon ; 12:00 noon to 4 :00 p.m.; 4:00 p.m. to 8 :00 p.m.; or • four-hour block of time mutually agreed upon by the customer and the Cable Operator. ·The Cable • Operator may not cancel an appointment with a customer after 5:00 • p.m. on the day before the scheduled appointment, except for appointments scheduled wilhin twelve (12) hours aft.er the initial call . b . The Cable Opera.or shall contact ~y telephone, mail , or in person, every custom e r within 2 weeks aft.er installation to assure the custom ers satisfaction with the work completed. Al·, responses shall be recorded , and retained by the Cable Operator, and made easily available to the Franchising Authority upon request. c. The Cable Operator shall be deemed to have responded to a request for service under the p:ovisions of this section when a technician arrives 'Nithin the &gTeed upon time, a·,1d, if the customer is absent when the technician arrives, the technician leaves written notificati on of arrival and return time, and a copy of that notification is kept by the Cable Opentor. In such circumstances, the Cable Operator shall contact the custom er within forty-eight (48) hours. 3. Residential Service Interruptions. a . In the event of system outages (loss of reception on all channels) resulting from Cable Operator equipment failure affecting 5 or more customers, the Cable Operator shall correct such failure within 2 hours after th e 3rd customer cal1 is received . 4 • • • b . All other 11rvice interruption ■ r11ultin1 from Cable Operator equipment failure ahall be corrected by the Cable Operator by the end of the nnt calendar day . c . The Cable Operator ■hall keep an accurate and compreht.nsive fi'"' of any and all complaint.I r,,prdin1 the cable ■y1tam or r..a operation of the cable 1y1tem, in a nmnner coneietecnt with the privacy rights of customer■, and the Cablu Operator'■ action, in r11pon11 to those complaints. Theae files ■hall remain open to the Franchi1ing Authority and the public during normal busine11 hours. Grantee 1hall provide Grantor an eHcutive 1ummary monthly, which ahall include information concerning customer complaint.I. A 1ummary of sen;ce reque1t1, identifyina the number and nature of the r"'1Ueat.s and their di1po1ition, ahall also be co.npleted by the Cable Opera<0r for each month and 1ubmitted to the Franchising Authority by the tenth (10th) day of the au=eedine month . A log at all aervic:e interruptions ,hall be maintained and provided to the Franchi1ing Authority quar t erly . d . All service outages and interruptions for any cause beyond the control of the Cable Operato, ,hall be corrected within 36 houn, aft.er the conditions beyond iu control have been corrected . 4. TV Reception . a . 11,e C•.ble Operator shall provide clear television reception that meeu or exc•s ds technical standards e1tabli1hed by the United Stites Federal Commun ications Commiaaion (the "FCC"). The Cable Operator shell render efficient service ,' make repairs promptly, and interrupt service only for good cause and for the 1horult time possible. Scheduled interrupti ons shall be preceded by notice and shall oecur during periods of minimum use of the system, preferably between midnight and six Lm. (6:00 a .m.). b. lf a customer experiences poor video or audio reception attributable to the Cable Operato r's equipment, the Cable Operator 1hall repair the problem no later than the day following the customer call . If an appointment is necessary, customer may choose the same blocks <.if time describ.,d in Section C.2.a . Ai the cuatomer's request, the Cable Operator sh•11 repair the problem at a later time convenient to the customer. 5. Problem Resolution . The Cable Operator'■ customer service repre• sentatives shall have the authority to provide credit for interrupted service or any of the other crediu listed in EMC 12-6-6, to wai •e fees, to schedule ' servi ,,e appointments and to change billing cycles, where appropriat.e. Any difficulties that cannot be resolved by the cuatomer &ervi !e represP.:nlative .. ha11 be referred to the appropriate superviaor who .ih all cc.~~ct the customer within 4 hours and resolve the problem wi t hin 4/l houn or within such other time fTam e as is acceptable to the cu stomer and the Cable Operator . 5 6 . Billine, Credit.a, and Refunds. a . Tho Cable Operator 1hall allow at loaat thirty (30) day1 from the • beeinning date of the applicable tervlco period for payment of a cu1tomer'1 1ervlce bill for that period. If a cuatamer'a aervice bill ia not paid within that period of time the Cable Operator may apply an admini1tratlve foe to the cu1tomer '1 account. If the cu1tomor'1 service bill i1 not paid within forty.five (45) days of the beeiftning date of the applicable service period, the Cable Operator may perform a "soft." disconnect of the cu1tomer'1 aervir J. If a cuatoti!er'a aervice bill is not paid within fifty-two (52) day, '1f the beginning date of the applicable aerv :,e period , the Cable Operator may disconnect the cuttomor'a ae rvice , provided it baa provided two (2) weeks notice to the c:u1tomer that such disconnection may reaulL b . Th e Cable Operator 1hall i11ue a credit or refund to a customer with in 30 days all.er determining the customer's entitlement to a credit or r efund. 7. Treatment of Property. a . The Cable Op erator shall keep tree trimmine to a minimum; trees and shrubs or other landscaping that are damaged by the Cable Operator, an y employee or agent during installation or con•truction shall be restored to their prior condition or replaced. Trees and shrubs shall not be removed without the prior penniuion of the owner or legal tenant of the property on whici they are located. This provision shall be in addition to, and shall not supersede, any requirement in any fr anchise agreement. • b. The Cable Operator shall, at its own ·coat and expense, and in a manner approved by the property owner and the Franchising Authority, re store any property to as good condition as before the work causing such di sturbance wa s initiated. The Cable Operator shall repa.ir, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, con struction, service or repair activities . c . Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the Cable Operator shall give reasonable notic e to property owners or legal tenants prior to entering upon pri vate premises, and the notice shall specify th e work to be performed ; provided that in the ca se of construction operation • such notice shall be delivered or provided at least twenty• four (24 ) hours prior to entry. Nothing herein shall be construed a s authorizing access or entry to private property, or an y other property , where such right to acce ss or entry is not othenviae provided by law . If damage is cau sed by any Cable Operator activity, the Cable Operator shall reimburse the property owner 100% of the cost of the damage or replace the damaged property. For the installation of pedestals or other major construction or in stallation projects , property owners shall also be notified by mail at least one wcc!r '~ •dvance. In the case of an emergency , the Cable Operator •hall attempt to contact the 6 • • • • property owner or legal tenant in penon, and 1hall leave a door hanger notice in the event penonal contact ;. not made . d . The Cable Operator penonnel ,hall clean nil area• s urrounding any work site and ensure that all cable material, have been disposed of properly. D. Services for Customers with Disabilities. I. 2 , For any customer with a disability, the Cable Operator shall at no charge deliver and pick up convert.en at customer ■' homes. In the case of a malfunctioning converter, the technician shall p?"Ovide another converter, hook it up and ensur, that it is working properly, and ,hall return the defective convert.er to the Cable Operator. The Cable Operator shall pro vide TDD service with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge. 3 . The Cable Operator sh all provide free use of a remote control unit to mobi lity-impair ed (i f disa bled, in Rccordance with subsection 4, be lo w) customers. 4 , An y customer wilh a disability ma y request the special service, described above by providi ng the Cable Operator wit.h a Jett.er from the customer's ph ys ician stating the need, or by making the request to the Cable Op erator's installer or service technician, where the need for the special services can be vis ually con firmed . E. Customer Information . I. Upon installation, and at any time the customer may request, the Cable Operator shall provide the following information, in clear, concise written form : 8 . b . C . d . e . f. g , h . i . Products and services offered by the Cable Operator, including its channel lineup ; The Cable Operator's complete range of service options and th e prices for these services; The se Standards, EMC 12 -6-6 , and any other applicable customer service st.an dard s; In struction on th e use of cable TV service and on standard VC R hookups; Th e Cable Operator's billing, collection and di sco nnection polici es; Customer privacy requ irements: All a pplica:,le co mplaint procedures , including complaint forms and the telephoe 0 umbers and mailing addresses of the Cable Operator,· th e FCC, and the Franchising Authorit,y to wh om th e complaints sho uld iie addressed; Use and availabili ty of A/B switches; Use and availability of parental control/lock out device ; 7 I 2 . j . Special aervi-for cuatomers with diuhilltiea; k . Da,ya, timoa of operation, and location• of the aarvice centera. Copiea of all noticea provided to the customer ahall be filed (by fax acceptable) concurrently with the Franchiaing Authority and the Consortium . 3 . The Ca ble Operator shall provide customera with written notification of any change in rates, programming, or channel poaitior,:,, at leut 30 days before the effective date of chan~. 4 . All officers, agent.a, and employees of the Cable Operator or ill contractors or ,ubcontractora who are in personal contact with cable customers shall wear on their out.er clothinc identification cards bearin1 their name and photograph as approved by the Franchisinc Authority. The Cable Operator shall account for all identification cards at all times. Every vehicle of the Cable Operator ahall be clearly visually identified to the public ea woTlring foT the Cable OperatoT. All CS!u shall identify themselves orally to callen immediately following the greeting during each telephone contact with the public. Every vehicle of a subcontTaCtoT OT contTactoT al-al l be labeled with the name of lhe contractoT and fuTthe, identified as contTacting OT subcontractin1t foT lhe Cable OpeTatoT . 5. Each CSR, technician OT employee of the Cable 0peT■toT in each contact with a cu sto mer shall state ~.he estimated cost of the service, repair, or installation oTally prior Lo delivery of the service OT befoTe any woTk is performed , and shall pro,i dt the cu stome, with an oral statement of the total charges before terminating the telephone call OT before leaving the location at which the woTk was performed. F. Customer Privacy . 1. Th e Cable Op erator shall not monitor cable television signals to d etermine th e individual vie-A'l ng patterns or practices of any customer without prior written consent from that custom er , except as otherwise permitted by the applicable Franchise. 2 . Th e Cable Operator shall not sell or otherwi se make available customer lists or other pe,sonally identifiable customer information without prior writte n customeT consent. except as otheTwise permitted by the FTan ch.i se. The Cable Operator is pe,mitted lo di sclo se such infoTmation if such di sclosuTe is nece~sary to rend er, or conduct, a legitimate business activity ,elated to a cable seTvice or other service provided by the Cabl• OperatoT Lo its customers. G. Safety. The Cable Ope,alor shall install and locate ill facilitie s, cable sy stem , and equipment in complianc e with all fede,al, state, local, and company safety standards, and in such manne, as shall not unduly interfere with OT endanger pers on s or prope rty . Whenever the Cable Operator receives n'Jtice that an unsafe condition ex.ists with respect to its equi pm ent, the Cabl e OperaloT shall i nvestigate such condition immediately , and shall take such measures a s are necessary to remove OT eliminate any unsafe condition . 8 • • • • • • H. Sot;;afoction Guaranteed. The Cable Operator ■hall ,uarantee cu1tom ,'r ■atiafaction for every cu atomer who request■ new in ■t■llation or cable aervice ~• adda any additional pror,amminr ■ervice to the cu1tomer'1 cable 1ub1cription . Any ,uch cu stomeT who requeata diaconneetion of ■uch service within 30 daya from ita date of activation ■hall receive a credit to hia/her account in the amount or one month 's subscription cha,re for the service that ha, been di aconn ected. 12-6-4: COMPLAINT PROCEDURE: A . Complaints to the Cable Operator. I. The Cable Operator shall establiah written procedures fnr receiving, acting upon, and resolving cu1tomer complaints, and crediting customer acc:ounts in accordance with EMC 12-6-6: "Credits to Customers", which schedule is incorporated herein by this reference, and a s otherwise provided herein, without intervention by the Franchisinl!' A•1thority and shall publicize such procedures through printed documents al the Cable Operator'a sole expen ..,. 2. Said written procedure s shall prescribe a simple manner in which any customer may s ubmit a complaint by telephone or in writing to the Cable Operator foal it has violated any p1·ovi1ion of these Customer Service Standards, any terms or conditions of the customer'• contract with the Cable Operator, or nasonable bu siness practices . 3 . At th r conclusion of the Cable Operator's inveatigation of a customer complaint , but in no more than fifteen (15) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its inv estigation and its proposed action or credit. 4. The Ca:.le Op erator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is di ssatisfied with tr.e Cabl e Operator's decision, and sh all thoroughly exp lain the necessary pro ce dures for filing such complaint with the Franchising Authority . 5. The Cable Operator shall immediately report all customer complaints that it does not find valid to the Franchising Authority. 6. Th e Cable Ope ra tor's complaint procedures ahall be filed with and approved by the Franchising Authority prior to implementation. B. Security Fund . l. Within thirty (3 0) days of the effective da te of these Standards or th e effective date of any franchise granted by the FTanchising Authority , whichever occurs i1rst , the Cable Operator shall deposit with an escrow ag ent approved by the Franchising Authority $100,000 (one hundred tho•1sand dollars), or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonabl e to protect sub scribers within its jurisdiction. Such amount may , with the approval of the Franchi sing Authority, be poated jointly for more than one mem~er of the GMCC, and may be administered, and drawn upon , jointly 9 by the OMCC or drawn upon individually by each member. The eocrowed fund• ahall conalilute the "Security Fund" for enaurinc compliance with theae Standard. for the benefit of the Franchimnc Authori'..y . 1'he eecrowed • fund• ahall bo maintained by the Cable Operator at or.e inmdred thouaand dollara ($100,000), or 1uch loner amount accepted ',y the Franchising Au thority, even if amount, are withdrawn pursuant. to any proviaion of these Standards. 2 . At any time during the term of this agreement, the Fran~'1ising Authority rr,ay require the Cable Operator to increase the amount of tho Security Fund, if it finds that new risk factor s exist which necesaitate auch an ;ncrease. 3 . The Security Fund shall serve aa security for the payment of any penalties, fees, charces or credita aa provided for herein and for the performance by the Cable Operator of all its obligation• under these Cuatomer Service Standards. 4. The rights reserved to the Franchis ing Authority with respect to the Security Fund are in addition to all other rights of the Franchising Authority , whe th er reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with nspect to sam e shall in any way affect, or dim inish , any other richt the Franchising Authori ty may otherwi se have. C. Com plain t s to th e Franchising Authority. 1. Any customer who is dissatisfied with any proposed decision of lhe Cable Operator or who has not recei ved a deciaion within the fifteen (15) day period a s required shall be entitled to have the complaint reviewed by the Fran ch ising Authority . 2. The cu s tom er may initiate the r•view either by calling the Franchising Authority or by filing a written complaint toceth er with the Cable Op erator's written deci sion , if any , with the Franchising Authority. 3 . Th e customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, if no deci sion has be en provi ded, within thirty (30) days after filing the origin al complaint with the Cable Operator. 4. If the Franchising Authority decides that further evidence is warra nted, the Franch ising Authority shall require th e Cable Operator and the customer to submit, wi thin ten (10 ) days of notice thereof, a written statement of the facts and argu ments in support of th eir respective position s. 5 . The Cabl e Operator and the custom er shall prodt.r e any ,additional evidence, including a ny report s from the Cable Operator, which the Franchis ing A uthor ity may deem neces sary to an understanding and determination of th e complaint. 6 . Th e Franchising Authority shall issue a dt termination within fifteen (15 ) days aft.er examining the materials submitted, setting forth its basi s for the dete rminati on . 10 • • • • • 7. The Fraocbi1in1 Authority may extend Lheae time limita for rea10nable .:auN and may inurcede and aLLempt to n1FtiaLI an informal re10lution . 8 . If Lhe Franchi1ing AuLhority deurmint1 that Lhe c:uatomer'1 complaint i1 valid and thaL Lhe Cable Operator did not provide the complaining culLomer with the proper 10lution and/or credit, Lhe Franchiain1 AuLhority may reven;e any deciaion of the Cable Operator in the matLer and/or require the Cable Operator to grant a 1pecific solution •• determined by the Franchi1ing Authority in ita aole discretion, and/or any credit provided for in thel8 Standard■; or the Franchising Authority may provide the CW1tomer with the amount of the credit (11 aet forth in EMC 12-6-6) by mean, of a withdrawal from the Security Fund. D. Verification of Compliance . The Cable Operator shall 01tabli1h ita compliance with any or all of the standards required through annual reports that demonstralA! said compliance, or as r~qu.ected by the Franchising Authority . E. Overall Quality of Service . The Franchising Authority may evaluate the overall quality of customer service provided by the Cable Operator to customers : a. In conjunction with any performance review provided for in the franchise agreement: and b . At any other time, at its sole iscretion, based on the number of customer complaint& received by the Cab1e Operator and the Franch ising Authority, and the Cable Operator's n,sponse to those complaints . F. Non -Compliance with Customer Service Standard ■. Non-compliance with any provisior. of these Standards is a violation of these Standards. G. Procedure for Remedying Violations. 1. If the Franchising Authority has reason to believe that the Cable Operator has failed to comply with any of these St.andards, or has failed to perform in a ti mely manner, the Franchieing Authority may demand in writing that th e Cable Operator remedy the alleged noncompliance . If the alleged nJnc0:np1iance is denied or not remedied to the satisfaction of the Franchising Authority, the Franchising Authority shall follow the following procedure . a . An informal meeting may be held to review th e alleged noncompliance . If this meeting does not result in a resolution satisfactory to the Franchising Authority, the Cable Operator may request or the FrtlDchising Authority may require an admini strative hearing to determine if the noncompliance occurred . The Cable Operator shall be provided with IA!n (10) day e written notice of the time and the place of the hearing, the allegation s of noncompliance and the possible consequences of the noncompliance if substantiated . 11 b . Aft.er the admini 1trative hearin1, the Franchi1in1 Authority 1hall determine whether the noncompliance ha1 been eub1tantia ted. If the noncompliance i1 1ubltantl1ted, the l'ranchilinc Authority may order the Cable Operator to correct or nmedy the noncompliance within thirty (30) days (except where the noncompliance oon11Jtute1 a material ufety hazard) and in the manner and on the term• ind condltlon1 that the Franchiline Authority u tabli1he1, or, in ill aole dlacretlon, the Franchi1ing Authority may find a materi al violation of theae Standard,. 2 . If th e Fnnchiaing Authority determine• in Ill eole diacretion that the noncompliance ha s been 1ubltantiated, the Franchi1!ng Authority may : a . Impo se a ssessmenll of one thouaand ,Jollar1 (Sl,000.00) per day , to be withdrawn from the Security Fund in addition to ,.ny fr anchi se fee un til the non -compliance is remedied; and/or b . Ord er , aft.er further hearing, 1uch rebate, and credite to affected custom ers as in its sole discretion it deem s rea aonable and appropriate fo r degraded or un sati1factory 1ervices that con stituted noncomplian ce wi t h th ese Standa rds ; and/or c. In its sole discretion , declare a violation of the franchise agreem ent, a nd in s uch case , th e no ncompliance 1hall be a violation of th e fran chi se agr-eement for the purposes of the f'Tanchi se agreem ent, trigge ring all available obligation s and rem edies under th e fr anchi se agreement: and/or d . Withhold licen ses and pe rmits for work by the Cabl e Op erator or its • subcon tractora in accordance wi th applicable law ; and/or e. Pu rsue sny ot her legal or equitable remedy av ailabl e und er an y applicable fran chise agreem ent or law . f . An y assess ment or r emedy shall not constitute a wa ive r by the Franchising Authority of ""Y other right or remedy it may have under any app1i cable franchi se agreement or law in cludi ng any righ t to reco ve r from th e Cable Operator any additional dam ages , lo sses, costs, and expen ses, including actual attorney's fees that ar e incurred by the Franchising Authority by reason of, or arise out of noncompliance with these Standards. 12-6-5 : MISCELLANEOUS: A. Seve rabili ty . Sh ou ld an y section , subsection :\ paragraph , term , or prov1 a1on of th e se Standards be determined to be illegal, invalid, or unconstitutional by any cou rt or agency of competent jurisdiction wi th regard thereto, such dete rm in atio n shall hav e no effect on the val idity of an y other section , subs ecti on , para graph , term , or provision of th es e Standards, each of th e lat ter of which shall rema in in fu ll for ce and effect. 12 • • • • B. Non -Waiver . Failure to enforce any provi,ion of !hue Standard, ,hall not operate a& a waiver of the obligations or respon1ibiliue1 of the Cable Operator under 1&id provision , or any other provision of thue Standards. 12-6-6 : CREDITS TO CUSTOMERS : STANDARDS OF CUSTOMER SERVICE A. COURTESY 1. All empl oy ees of Cable Operator shall be fr iendly , knowledgeable and helpful in their s ervices . B. ACCESSIBILITY MINIMUM COMPENSATION $5.00 eredit to their account. 1. Cable Op erat.or shall provide customer service $5.00 credit to their account. acce ptable t.o the Franchising Authority, with no subscri be r fu rther than 10 mile s from a Cu st.omer Service Center. Hours: M-F 7:00 a.m. to 7-00 p.m.; SaL 9:00 a.m. t.o 1:00 p.m. 2. Cabl e Operat.or shall have local telephone access $5.00 credit to th•ir accoant .. lin es avai labl e 24 hours a da y, 7 days a week . 3. 4. 5. Cable Operat.or will have dispatch ers and technician s on call 24 hrs/day, 7 day s/wee k. Ca1 ls an to be answered in 30 seconds or less ; tTa ,1sfe rs mad e within 30 second s, 90% mont>,Jy . Call s recei,ing bu sy signal s shall no l e,ceed 3% of the t.o tal telep ho ne call s. C. RESPO NSIVENESS I. Guaranteed 7-Day Resi •;ential l11stallation 8 . b. Cabl e Operator sh P ~1 complete installations reque sted by cus tomers withi n 7 bu siness days after the order hns been pl aced . All underground cable drops will be buried no less than 12 in . an d no more than one cal 'e ndar week from th e initia l installation , or mutual agreem e nt . 13 $5.00 credit to the :r account. '5.00 credit to their account. $5 .00 credit to their account. Free installation, or one month's basic service, if the fee has been waived fo r promotional reasons . Free insts 1:c:1 ion, or on e month's basic service, if the fee has been waived for promolional r asons . 2. Ruidential Jn1t.allation Appointments L Cable Operator cuatomen wanting in stallation $5.00 credit k , their account. of cable may chOOIO any 4-hr time-block fo r install ation . b. Every Cable Operator customer 1hall be contacted $5 .00 credit to their account. w/i n 2 wlu aft.er insta1lation to assure custome r satisfaction . C. Cable Operator will have responded to a 1ervice $5 .00 credit to their account. request when techn ician arri ves within the agreed upon time, notice left. if customer is not home and the appointment is re&Cheduled within 48 hours. 3, Re s id ential Service Interruptions a. System outage s resulting from Cable Operator On e day 's servic! for each equipmen t failure affecting 5 or more customers 24 -hour del ay. shall be corrected within 2 hours after the 3rd customer call is recei\fed. b. All other interruptions resulting from Cable One day's service for each Operawr equipment fai lure shall be corrected 24 -hour delay. end of the next dey. C. Cable Operator shall keep a fil e, for all service One day's service for each interruptions an d requests for service that result :U.hour delay. • in a service call . d. AH service outages or intt.l'TUp ti ons beyond the One day's service for each control of Cable Operator shall be corrected within 24 -1,our delay. 36 hrs. 4. TV Rece ption Difficult ies .. Cable Operator will provide cl ea r t.v. recepti on One day's free service for and shall mak e repairs pr omptl y, and interrupt each 24 -hour delay . servi ce only for good ca use and for the shortest time po ssi ble. b. If a customer experiences poor video or audio One day'• free service for reception d ue w Cable O perator's equipment, eac'i 24 -hour delay . Cable Operator will repair the problem no later than th e next da y, or al custome r's convenience. 5 . P,-oblem Resolution • a. Cable Operator cuatomer service representatives ·.-:,m be able to provide aedit, waive fees , $5 .00 credit to their account cchedule appointments and change billing cycle ■. Any difficulties that cannot be n,solved by the c,,stomer service representative will be referred to a supervi sor who will cont.I.let the customer within 4 hrs and offer a solution to the problem within 48 hrs. 6. Bil !ing, CrediLS and Refunds a. Corwenior, to Annive rsary B:J led Syste m. $5.00 credit to their account. b. Cable Operator shall issue a credit or refund $5.00 credit to their account. wit~,i n 30 days after determining the customer is entitled to one . 7. , espectful Treatment of Lustomer's Property a. Cable Operator shall replace t re es or shrubs $10.00 credit plus any da 'llaged from in stallation . additional npain. b. Cable Operator will restore any damaged property $10.00 credit pl m, any to the same co ndi tion it was ~fore damaged. additional repairs . • C. Cable Operator .,;11 give notice to pro perty owners $10.00 credit plus any befor e entering premises, specifyi ng the work to be additional repairs. d one. d. Cable Operator J)<!r soa nel shall cl ean up the area $10.00 credit plus any s urrounding a work site and properly di spose cable additional repairs. materials . D. S ERVICES FO R CUSTOMERS WITH DISABILITIES 1. Cable Operat, ,· shall provide the following services for customers with disabili ties at no additional charge : a. Cable Operator will deliver and p ick up converters $5 .00 credit to their account. at the h ome of customers with disabilities. In the case of a malfunctioning con verter, th e technician sh all replace it with a new on e. 2. Cable Operator will provi de \he foll owing servi ces for the hearing-impaired at no addit ion a l charge: a. Cable Operator will proV' de TDD se rvi ce with trained ope rators who can pro vide an y ' atsistance available . $5 .00 credit to their acco unt . • I 5 3. Cable Operator shall provide free uae of a remote control unit t.o mobility•impaired customers. $5.00 credit to their account. E . CUSTOMER INFORMATION 1. 2. Upon installation, or at a customers requeot, Cable Operator will provide the following informafjon: a . Products and services offered . b . Complete range of service• off'e m .J . c. Customer service standards; d. Instruction on use of cable TV service and standard VCR hookups ; e. Billing, collection and disconnect policies; f. Customer privacy requirements ; Provide cuatomer w/ the requested info. and $5.00 credit to ae<ounL g. Compl aint procedure, containing the City or the design ated agency to whom the complai.,ts should be addressed ; h . Us e and availa bility of A/8 swit.ch ; i. Use and availability of parental control/lock out device ; j . Special services for customers with visual, hearing or mobility disabilities . k . Days, times ofoperat Jn, and locations of the customer service cent.en. Copies of all notices to Franchis ing A1.Llhority and GMCC . $5 .00 credit lo their account. 3. Cable Operator will provide cuslomers with written $5.00 credit lo their account. notification of any change in rates, programming, or channels at least 30 days before the date of change . 4. Every employee of Cable Operator in contact with $5.00 credit lo their account. customers v.'l ll wear an ID card w/ their name & photograph. Every vehicle of C a bl e Operalor will be vi sually !D's as working for Cable Operator. C.S .R 's will iden tify themse lve s on the phone . 5. Estima ted cost of service and charges b efor e work . $5 .00 .:redit lo their ac count. F. CUSTOMER PRIV ACY I. Cable Ope rator will no~ m~ni l or cabl e televi sion signals to determin e viewing patterns of a customer with out r ri or written customer consent. 2. Cn ble Operator will not sell or make availabl e c1.LStom er lists or oth er per sonall y identifiable cus tomer information with out prior writte n custo mer conse" i. 16 The customer bas the choice of either a check for al least $100.00, or a credit to their account in the 1ame amount. • • • • • G. SAFETY Cable OperalDr will install and locate its equipment in compliance with all fedel'al, state, local, and company 1afety standards, and in such manner that will not interfere with or endanger persons or property. H. SATISFACTION GUARANTEED 1. Cable OperalDr will guarantee cuslDmer satisfaction for every custom1?r who requests new installation of cable service or adds any additional programming service ID his/her cable subscription . At least $26/day for each 24 hr delay in reaponding, plus additional righta or cause ■ of action available ID the customer . $5 .00 credit ID their account. Introduced, read in full, and passed on first reading on the 21st day of November , 1994 . Publi shed as a Bill for an Ordinance on the 24th day of November, 1994 . Read by title a nd pa ssed on final reading on the 5th day of December, 1994 . Publ ished by titl e as Ordinan ce No . IJtJ. Seri es of 1994 , on the 8th day of December, 1994 . £&dt!A Loucri shia A. Ellis , Ci ty Clerk I, Lou crishia A. Ell is, City Cl erk of the City of Englewood , Colorado, hereby certify that the abo"e and foregoing is a true co~ ~f th e Ordinance passe d on final reading and ,-s;•oo >, °"' "o.,,;o,oo N, . .,,, S-'" ,, '"'· ~ j,rJL, Loucri shia A. Elli s I 7 • • • GREATER Mll'l'JD CABLE CONSORTIUK Sl!!RVICII DELIVERY COIOII'l"l'U PROPOSED CUSTOMER SERVICE STAHDARDS EXECUTIVE SUMKARY MAY 19, 1994 llalll The GMCC Service Delivery ca.aitt•• has prepared these customer Servi ce Standards in accordance with the 1992 cable Act and Federal Co11111un i cations CO!laiscion rules to ensure cable subscribers in the GMCC service area receive uniform high-quality servi ce and universal protection f r om unfair or unprofessional practices. Thia Executive Sumry highlights iaportant provision s of the Standards, des=ibes the process followed in developing them, and provides a comparison with the current FCC Standards and current TCI policy . The purpose of this presentation is to provide GMCC Mellbers and their Councils or Boards with the information necessary for an intelligent review of the Standards and an informed decision as to how, or whether, to adopt them .. BACKGROUND The 1984 Cable Act eiapowered local franchising authorities, uong other things, to enact or enforce •any consU11er protection law to the extent not inconsistent with" the Act. 47 o.s.c. 552 (1984) • The 1992 cable Act was passed in the only override of a presi dential veto during the Bush ~nistration, largely in response to cons1111er concerns about the poor service provided by cable compan i es and increases in cable service rates. Under the 199 2 Act , therefore, the authority to pass service standards was f urther clarifie d and expanded. The 1992 Cable Act provides local governments broad authority to: "Establish and enforce 1) c ustomer servi ce requirements of t ll e cable operator; and 2) (construction requirements)." More~ver, the 1992 Ac t goes on to specifically authorize the •establiuhment or enforcement of any munici pal law or regulation, or any s tate law, concer ning customer service that imposes r..ustom,"II" service requirements that excP.ed the standards s et by the Co11111 i ssion ••• or that addresses matter s not a d dre ssed by the standards set by the Comm issi on .• 47 o.s .c. 552 (1992)., The foll ow i ng chronology SUlUlar i zes the procens the GMCC Service De live ry Comm i ttee has followed to prepare these customer service sta ndards: Februar y 9 2 : Mar c h 9~: Ci t y o f Denver and Mile-Hi Cab l e •rision announce th!! c.:,operative creati on of customer s e rvice standards, adopted through gentleman's agreeiaent. Ci ty of Aurora , through directi on o f i t s Sta ff Cable committee, des i gni; fii:st draft of proposed customer service sta~dards . July 92: O ober 92: Kov81lber 92: December 92: March 93: April SJ: May 93: July 93: November 93 : December 93: January 94: City of AUrora fint -ta with TCI of Colorado to receive input on propoaed cuatoaar aervice standards. 1992 Cabl~ Act i• approved through Congraaaional override of Presidential veto. Greater Metro Cabla Conaortilllll (GMCC) is foraad through passage of intergovernmental agreeaents by its Member cities. TCI of Colorado acquires certain ATC/TWE franchiaea in the aetro;,olitan area and taJtaa over aanageaent of Mile-Hi C1 1blavision. TCI has control over approxiaataly 90\ of aatropolitan area. GXCC's Service Delivery Committee meets and reviews custoaer service standards froa Denver , Aurora, Manhattan, K.Y., Bl ~ancho Mirage, California, and TCI' s own intn·nal standards. Committee writes first draft f,r universal use throughout GMCC aetropolitan ar,1a. FCC announces federal standards tor cuatomar service and affiraa right of franchising authoriti•• to adopt and enforce stricter standards. Service Delivery Co1,aittaa revieva FCC standards and ensures they are contained in proposed GMCC custoaer Service s,·.andarda. Service Delivery co-ittee releas,1s first draft of proposed customer Service Standards to GMCC for review. GMCC's TCI Franchise Renewal Group (T-FRGl presents first draft of modal franchise agreement to TCI; customer service standards are enclosed as exhibit, with purpose of negotiation as part of the franchise renewal pro~ess. Inte al manag•ement structure of TCI of Colorado is in t ransiti~n; franchise renewal negotiat i ons are stalled; TCI's rebuild plans are uncertain; GMCC decides to pull customer service standards from model franchise agree~ent and adopt them separately. Service Delivery Committee aeets ~ith TCI of Colorado to discuss proposed standards and rece i ve i nput. Service Delivery C01111ittea revises standards in consideration of TCI's coD1111ents. • • • February 94: Service O.Hvery Coaaittee tours TCI'a custoaar aervice dapartaant and -•t• with TCI to discus• revised standards. March 1 , 94: Service Delivery Coaaitt•• -•ta to discuss additional TCI concerns; revises standards . Karch 17, 94: GKCC votes to approve customer service standards, as revised . Karch 22, 94: Service Delivery Committee meets with TCI personnel and recomaands additional changes as result ot TCI conce~n•. Karch 29, 94: Bill Nicholas , Goverruoent Attair• Manager tor TCI ot Colorado, sends letter to GKCC president, acknowledging GKCC's cooperat ion and T~I's agreement with customer service standards development. Apri l 20, 94: Steve Sar.tamaria, TCI ot Colorado metro area manager, expresses concern over standards. Servi ce Delivery Committee meets with Paula TrUstdorf and Ann Montogomery, upon TCI'a request. 1,pril 21, 94: stev9 Santamaria and Paula TrUstdorf speak to GKCC; admit past problaa with customer service; expre~• concern with standards, but also cooperation. ANALYSIS PCC STUDUDS The federal customer service standards adopted by t he Federal Communicati ons Co11111ission cover four major areas: 1. 2. Office Hours and Telephone Availability Local, toll-free or collect call line available 24 hours, 7 days a week. CSR available during norm~l businec.s hours, including some evening or weekend hours; answering service after business hours, and CSR must respond wi thin twenty tour hours. Call must be answered within 30 seconds of connection, and transfer must be made within 30 seconds at least 901 of time under •normal operating conditions .• customer service c enters and bill payment locations conveniently locate d and open at least during normal business hours. In st allati on. outages and service ca11s Standard installations (located 125 feet from exi ■ting pedutal ■) perforaed within ■even day■, Operator au■t work o n ■ervice interruption within 24 hour• ot n oti f ication . Four hour windows tor in ■tallation and ■ervice . appointaent■, In ■taller or technician au ■t con act ■ubacriber and re■chedule appointaent at •ub•=iber'• convenience it appointaent i ■ ai ■aed due to cable &11ployee running late . conditions above must be aet 951 ot tille. 3 . Billing Practices 4. Thirty days noti ce given to ■ubacribera tor changes in rates, progrlllllllling, or channel positions. Bi lla au ■t be clear, conci■e, and understandable; all ■ervice ■ and charges au ■t be it■aized. Cable operator mu ■t re■pond to coaplaints within 30 days. Refunds and credits to be issued no later than next billing cyclP. or 30 days. commun i cations Between cable Operators and subscribers At least annually, at tiae ot installation, and any time upon request of subscriber. Pr?ducts and ■ervices ottered. Prices and option• ot prograaaing services and condition ot ■ubacription to prograaaing and other services. Installation and service aaintenance policies. Instructions on h ow to use the cable s e.rvice. Ch2Mel position of prograaaing services carried on system . Bi lling and complaint procedures, and nue and addre■s of local franchising authority. GIICC STAlll)lll)S These f ederal gu i delines are included in the proposed GMCC customer Servi ce standards, but the Service Delivery Committee took into consi dr!rati on the needs of citizen throughout the metropolitan are.a current practices of TCI ot Colorado . Consequentl y, tbe coaaittee modified the federal guidelines to aeet local needs. Add i tional require~ents in the GMCC customer Service Standar ds inc lQd e: Requirement that CSRs be courteous and 'knowledgeable. Locati on and hours of customer service centers negotiated with and approved by franchise authority. Ca ble drops to the home buried 12" within one week of installation, or upon mutual agreement of customer and cable operator . (Depth requirement • has been agreed upon with TC I in franchise renewal • • negotiation -•ting■.) Contact by cabl• operator to new ■ub■cribar• to ansvre custoaer ■ati ■faction. Cable operator to k••P certain record ■ regarding customer complaints . Tho ■e records are acce■■ible to franchise authority . Monthly sumaary of complaints to be ■ant to franchi ■e authority. Cable operator to aeet FCC technical ■tandard■ for television reception, and ■hall attempt to intorrupt ■erv i ce for repafrs and maintenanct. du ~ing periods of minilllwa use. CSRs to have authority to issue credits to customers regarding custoaer service complaints. cable operator to convert to new billing ■y ■tem no later than end of 1996. (This addresses complaints that administrative charges are assessed before the monthly service has been delivered in full.) Respectful treatment of property; restoration of landscaping to original condition. Reasonable notice to property owners before entering property . Notice to absent hoaeovners that cable operator employee or contractor had been on property. Certain servi ces to customers with disabilities . specific iteas of customer information to be delivered annually, upon installation, and upon request. cable eaployees and contractors to wear identification. Unsafe conditions to be corrected imaediately. TCI: '1'BB CUSTOKD PIRS'l' ftOGW IDIPORCBMBNT CSRs and Techs have authority to solve a problem, including on-the-spot adjustments. Special designation of customers with special needs. Immediate response on 44 hour basis to any area outage . Next business day response to custo•er problems. Call back to all customers who had a technician visit their homes to ensure satisfaction. state, division, or corporate ombudsm~n . Expanded office and service hours. Enhancements to telephone systems. Telephone monitoring equipment installed to measure performance and identify areas needing iuediate atte ntion . Annual reports to customers . The 1992 Cable Ac t and the FCC customer Service St ndards a J,ow franchise authoritie•to develop a -chani-under which they aay enforce any applicable standarda. eustoaar service standards can also be enforced, in aost caaes, through franchise agraaaants, • and in aany cases (Aurora and Arvada, for instance, uong others) through their code enabling acts as well.) In aost cases, franchise agreeaents require coapliance with all applicable law and regulations, and aany city codas do as wall. Soae, such as Aurora, specifically aention custo-r services standards specifically. The proposed GMCC cuato■er Service Standards provide the following scenario for anforcaaant: 1. The cable operator ■ust first have the opportunity and autonoay to correct a coaplaint received from a citizen, including issuing credits. 2. If the citizen is not satisfied, the citizen may complain to the franchise author.tty. 3. The franchising authority will hear both sides of the case, and, if it determines the citizens c0111plaint is valid, will order the cable company to correct the situation and refund or credit the customer. A guideline for ainiaua credits is attached. 4 . If the franchising authority receives a nu.bar of ~illlilar complaints , it may deterw.ine that the cable operator is out of compliance. It will notify the cable company of that noncompliance and the cable coJll)ally will have thirty days to cure the noncompliance. If the noncoapliance is not c.ured within thirty days, the franchising authority aay decide to assess the cable company a fine of $1,000/day until the noncompliance is cured. 5. The money fQr the assessment will come out of a security . fund in the amo ,mt of $100,000 dollars to be established and replenished by the cable operator. This is the total amount for all GMCC cities, but any city may draw from the fund if it determines there is an uncured noncompliance in its jurisdiction. 6. Initially, each franchise authority will enforce the standards for its jurisdiction. However, in the future, the GMCC may establish a central enforcement agency and a franchise authority may, by resolution, authorize the GMCC to enforce the customer service standards on its behalf. UNIVERSAL CUSTQKZR SERVICE STANDARDS The proposed GMCC customer Service Standards were comriled and written to meet the needs of citizens throughout the metropolitan area without undue additi~nal burden on the ca~le operator. Universal standards should be an advantage to cable operators • • • • because t.~eir centralized customer service centers need only work from one ••t of standards. The Service Delivery Committee recommend• that the st,mdarda be adopted by ordinance without revision by city council• and allowed one year for impl ... ntation . After a year ha• passed, the GHCC vill consider and recommend amendments introducwd by individual Members. FINANCIAL IMPACTS In discussion that accompanies its Rulemaking on customer Service Standards (Section 76.309), the FCC mentions that the cost of complying with customer service standards that are stricter or additional to the CCD111issions•s federal standards, -Y be passed through to the customer in the monthly bill ; Because t..~e requirements of tbs proposed GHCC customer service Standards comply with what the cable company claiu to be its current policies, the Service De livery Committee believes these standards put little additional burden on the cable operator. Because the cable operator is also under rate regulation by the GKCC, it cannot arbitrarily add a fee to tbe customer's bill . All increases must be approved by the regulatory agent, through qua rterly rP.ports that list new external costs. The GHCC believes that any costs incurred by tbe cable operator to comply v i th these standards can be minimized so there would be no good r ,eason to identify tb8lll through a cost of service s hoving . Additionally, any cost the cable company proposes to pass through on customers' bills must be independently identified. From a public relations poi11t of viev, it would not benefit the cable operator to list on a customer's bill an additional charge necessary to provide the basic customer service the public expects anyway. Qfil.Q.liS. There are four options a Council/Board might consider with respect to the proposed GKCC customer Service Standards: a . Pass the customer serv~ce standards by ordinance, with the actual standards as an Exhibit, which will be subject to amendment after the initial year has passed. b. Pass the customer service standards by resolution, with the actual standards as an Exhibit, which will subject to amendment after the initial year has passed. c. Establish the customer service standards ~s a •gentlemen's aareement" with the cable company. d. Reject the proposed customer service standards and decide not to implement them in its jurisdiction • RECONIQRIDATIQH§ 1. (a.) council/Board pa•• the cu ■t011er ■ervic• ■tandarda a ■ an ordinance, with th• ■tandarda attached as an exhibit. 2. · (b.) Council/Board .aay wiah to paH ■tandariSa a ■ a resolution in order to bypa•• toriaal procedures required tor ordinances. Although this would not give the atarrillrda full enforceability under law, it would allow the standarda t.ey be implaJDented without undue interference trom the cable operator. Kay 19 NEXT STEPS GNCC lleabar• receive Bxecutr.ve SUlllllary, ti11al dratt Md background 11ateria). tor cuetomer service standards. June 1-30 MaJDbers Councils/Boards consider and pass cuatoaer servi ce standard■ ae ordinance. FUTURE GMCC d~.elops a mechanism to coordinat• centralized enforcaaent ot the cuatoaer service ■tandards and, through resolution, franchise authorities authorize the GMCC to enforce custoaer service standard• on their behalf and under their directions. • • • Ql: Al: GKCC .PROPOS:.:0 CUSTOIIER SERVICE STANDARDS QUESTION'S AND ANSWERS Are th••• stanc'tards too strict? Cable companies' use of public rights of ways ~nd eaauents on private properties require a. sp~cial consideration on the part o f cities in or.dar to protect the citizens. T'arough surveys and individua.l calla to city governments, citizens have indicat d the need for protection o .. er the years. TCI management has a, ,ittad to the GMCC there have been problems in the past. Th~•• proposed standards were compiled from a series of standards that are already in existence. Nany of the standards listed are already policie s of TCI. Putting them in writing merely establishes a bottom line and ensures quick resolution of prohlems. Penalties for noncompliance ?Jacome affective only after the cable company has had an opportunity to cure the noncompliance in a reasonable length of time. Q2: Why aren't the standards stronger? They H8JD rather mild . A2: The purpose of these ~tandards is to provide a baseline that are fair to both the cable company and the cit'izen. These are minimum standards for customer protection and are intended to serve as a fo•.indation for future enhancuants • Nothing in these standards prohibits the cable co.pany from implementing additional internal guidelines to in=ease customer s a tisfaction. The Service Delivery Collllllittae requests that these standards be adopted without change with the understanding that they will be reconsidered and evaluated by the GMCC within a year. At that time, the GMCC will consider and recommend amendments to the standards that were created on the basis of the trial year's experience. QJ: Can each co1111Dunity modify the standards? AJ: At the March 17 meeting, the GMCC Board voted unanillously to adopt the standards as finalized for a year's time, in order to allow the standards an opportunity to work. Universal standards are vit~l in the metropolitan area, to guarantee each citizen equal treatment, regardless of where they live. Where appropriate, some standards, such as location of business/service standards, are negotiable on a city by city basis. I However, the Committee recognizes that this is the first attempt at a set of standards that will serve approximately 300,000 subscribers, and there will be occasion to measure the effectiveness of the standards and modify them, if • necessary, after a year's time. In addition, the Federal Communications Coaai1Jaion baa i.ndicated th• possibility of tba cable company paaainq the costs of implemanting cuatom•,r service atandard• to the CU.!ltomer. The Servjce Delivery Coaaitt.se baa worked cloaaly with TCI, and believe• tba atandarda re,:omaendad herein do not impose any additional burden on tba c:oapany. Should an individual juriadictions amend th• atandarda, there can be no guarantee that the cable company would not take advantage of the situation and atteapt to pa•• the cc,.:it of th• addi:ional standards on to the subacribers. Q4: But what if there is aoae omission (or atandard that aeems extraordinarily barsb) that really atanda out? A4: Again, thc purpose of th11 standards i• to provide consistency throughout the metropolitan area. Uniform standards will reduce th•.! burden on the cable company and further decre3ses the possibility of ~-ustomers paying for this service through pass-throughs. Revisiting the standards in a year will allow time for the standards to work, and they will allow tae for GMCC Members to asses and aalte reco11111endations for aaendaenta on a reasoned basis. · Q5: How much will these standards coat ••• ? ......._ to the subscriber? Because these standard• are baaed on current cable c011pany policies and operations, the GXCC .anticipates there will be no additional burden to the subscriber. ,.to the franchising authority? There should also be no additional burden on the franchising authority. At the moment, each jurisdiction will be responsible for enforcing the standards. However, the complaint procedure is based on the process that cities currently follow when a citizen ~alls to complain, so we anticipate no additional burden on the local jurisdictions. In tact, the standards call for the cable company to first be ottered the opportunity to solve the problem, so the citizen must first contact the cable company before the city is involved. , •. to TCI? At the April 21 GMCC meeting, Steve Santamaria, area m~nager for TCI of Colorado, told the Directors that TCI is committed to meeting and/or exceeding the proposed customer service standards. ~6 : What is the process for handling a problem und er these standards? • • • A6: The propo■ed eu11toMJ: service standards include quidelinH tor handling the COll!Jlainta. In anmaary: 1. A citizen vith uie C011Plaint 11Uat: tirst attupt to contact the cable company, and the cable company vill be given the opportunity to correct the problu. 2. It the cable c011pany is unable to correct the problUI to the citizen'• aatiataction, the citizen aay then appeal to the franchising authority. (This appeal is appropriate it the citizen'• attupt to contact the cable company tails because ot busy phone lines.) The franchising authority can then intervan• on the citizen'• behalf and attU1pt to resolve the problua. A part ot the solution could be to direct the cable company to credit the appropriate amount included in attached guidelines tor a complaint the city determines is valid. Q7: Doesn't this i.lllpose an additional burden on the franchising authorities? A7: A basic preaise ot the standards is that thft cable company must be given the aut m011y to correct the problu first. The citizen must first contact the cable company before the local government is called in. QB: What if the cable company does not tollow the resolution the franchising authority pres=ibes? AS: It is not the intenti on ot the standards to micromanage individual jurisdictions complaint handling process. The jurisdiction has the option ot finding the cable company out of compliance it it does not follow a direction trom the city regarding a citizen complaint. Q9: Isn't the amount of the security fund to large? or t o o small? A9: The $100,000 covers the entire metropol.i.tan area, and, through discussions wi th TCI, was reduced tro~ an original figure of $1,000,000 per jurisdiction. The security tund is to be drawn only after a jurisdiction (or the GMCC) determines there is a pattern of noncompliance , notifies the cable company, and gives th~ cabi e company thirty days to cure the problem. This security fund will be replenished. QlO: Why don't the customer service standards include a seni.or discount? AlO: Senior discounts were, in the past, an option the cable company chose to make for community relations . Although the 1992 Cable Act and the FCC rate regulations do not prohibit the cable ~capany troa ottering a aanic: discount, they also do not require it. In view ot rate regul.ationa and tha threat of possible· pasa- throughs on tha cuatoaara' bills, tha Ca.aittae decided not to include this requir-t tor the first year . Th• co11111ittae does not want to sat tha standard• up tor failure, and the rec aay IIAlta an adc,iticnal rul..alcing on this subject by the till• the standards are raviawad. In the aeantuie, nothing prohibits th• cable company from ottering a senior discount on ita own. Qll : Why aren't there anything in these standards regarding specific prograaaing? can't we take into consideration the many cnmplainta we have been receiving a.bout Court TV, tha Sci-Fi ChaMel, and the r-oval ot the Electronic ProgrS11111 i ng Guide? All: Franchising Authorities aay not demand specific channels be carried on th• cable aystalll. The modal tranchiae agr•-•nt, currently in reneYal negotiation, is addressing broad prograaiiing categories. • • • COUNCIL COMMUNICATION Date Agenda Item Subject Adoption of Customer 11 C Service Standards fqr Cable November 21 , 1994 Operators Initiated By Staff Source Department of Administrative Services Perry Movick , Manager of Info . Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Passage of Ordinance No . 4, Series of 1980 -Authorizing Cable Television Permit. Passage of Ord inance No . 37 , Series of 1992 -Authorizing costs incurred in Franchise negot ia1ions . Passag! of Ordinance No. 38, Series of 1992 -Authorizing entering into an intergovernmental agreer;,ent for Greate r Metro Cable Consortium . RECOMMENDED ACTION Staff seeks Council adoption , by ordinance , of the Customer Service Standards developed by the Greater Metro Car.le Consortium (GMCC). BACKGOUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED Through passage of the 1984 and 1992 Cable Acts , authority has been given to loca l governments to 'Establish and enforce 1) customer service requirements of the cable operator; and 2) (construction requirement s)." In March of 1993 , the GMCC prepared its first draft of Custome r Service Standards design for universal use throughout the GMCC metropolitan area . The Customer Service Standards were initially included as a part of the Mode l Franchise Agreement being negotiated with TCI. By November of 1993, the GMCC had decided to pull the Customer Service Stand ards from the Model Franchise Agreement and have them adopted separately . During the next five months, the Customer Servi C'd Standards were reviewed within the GMCC and with TCI . In Ma;ch of 1994 the GMCC voted to approve the Customer Serv ice Standards , but still ag reed to hear fi nal comments from TCI in April of 1994 . Ttl8 attached Executive SUIMl&l'y details Federal Customer Service Standards adopted by the Federal Communications Commission . Those federal guidelines are included in the proposed GMCC Customer Service Staidards, however the GMCC Standa-ds also include items that were felt to be important to 'le needs of our citizens . A few of those are es follows : • Location and hours of customer service centers negotiated with and approved hy the franchise authority. • Cable drops to the home buried 12' within one week of installation, or upon mutual agreement of customer and cable operator. • Cable operat r to keep certain recortts regarding customer complaints . Monthly summary of complaints to be sent to franchise authority . • CSRs (TCI Customer Service Representatives) to have authority to issue credits to customers regarding customer Hrvice complaints . • Respectful treatment of property ; restoration of landscaping to original condition . • Cable employees and contractors to wear identification. • Unsafe conditions to be corrected invnediately . The proposed Customer Service Standards provide prO(:edures to be followed in handling complaints . The cable ope rator first has the opportunity and autonomy to correct a complaint received from a citizen . If the citizen is not satisfied, they may complain to the franchise authority. Once the franchise authority has heard tloth sides of the case, and, if it determines the citizens complaint is valid , it can order the cabl a company to correct the situation and refund or credit the customer. If a pattern of a number of similar complaints occur, it may notify the cable operaior that it is out of compliance . If the cab:e operator doe.s not correct this condition within th irty days , the franchise authority may <.ierJde to assess the cab!e company a fine of $1,000/day until the noncompliance is cured . Th o proposed GMCC Customer Service Standards were compiled and written to meet the needs of citizens throughout the metropolitan area without undue additional burden on the cable operator. The GMCC recommends that the ~tandards be adopted in their current form and allowed one year for implementation . After a rear has passed , the GMCC will consider and recommend amendments introduced by individu1>I members. There are four options Council might consider with respe,1 to these proposed Customer Service Standards : 1. Pass It ,e customer service standards by ord inance, whic.h will be subject to amendment after the initial year has passed. 2. Pass the customer service standards by resolution, with the actual standards as an Exhibit, which will be subject to amendment after the initial year has passed . 3. Establish the customer service standards as a 'gentlemen 's agreement" with the cable compan11. 4. Reject the proposed customer service standards and decide not to implement them in its juri ,dict io n. Staff recommends Option 1, passing the customer service standards by ordinance . • FINANCIAL IMPACT The FCC does allow for the coat al complying with customer service llandlrda that .. stricter or additional to the Commission's federal standards, may be paued through to the customer. The GMCC feels there will be no additional costs passed on due to the following : • The requirements of the proposed Standards comply with wh3t the cable company claims to be its current policies . The GMCC further believes these standards put little additional burden on tho cr,ble operator. • Fees cannot be arbitrarily added to the bill . All increases must be approved by the GMCC through a cost of service showing . The GMCC believes these costs Incurred can be minimized through this process so there would be no good reason to identify them through a cost of service showing . • Ally cost the cable company passes on to the customer must be independently identified. In this case the add itional cost would have to be identified as a cost associated with providing the basic customer service that the public already expects . UST OF ATT ,.-,iPt1ENT :?- Attached to this Council Communication are the following : • All Expanded Executive Summary • Summary of Typical Questions and Allswers • The Proposed Customer Service Standards.