Township of East Whiteland, PA Article VIII Consumer Protection Provisions

§ 72-34 Subscriber complaint practices.

A. It is the intent of the Board of Supervisors of East Whiteland Township to enforce the latest minimum customer service standards as established by the FCC concerning but not limited to:

(1) System office hours and telephone availability; and

(2) Installations, outages and service calls; and

(3) Communications between system operator and the subscriber, including standards governing bills and refunds.

B. Additional requirements.

(1) Grantee shall maintain an office within a five-mile radius of the Township and shall be open during normal business hours.

(2) Grantee shall render sufficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, in grantee's best business judgment, shall be preceded by notice and shall occur during periods of minimum use of the system.

(3) Grantee shall maintain adequate telephone lines and personnel to respond in a timely manner to schedule service calls and answer subscriber complaints or inquiries.

(4) Service calls for maintenance or repairs shall be performed at no charge; provided, however, if such maintenance or repair is required as a result of damage caused by a subscriber or as a result of subscriber's personal equipment, then grantee may charge a reasonable cost for time and material.

§ 72-35 Parental control option.

Grantee shall provide parental control devices to all subscribers who wish to be able to cut off any objectionable channel or channels of programming or data service from the communications service entering the subscriber's home. This control option shall be at no charge.

§ 72-36 Rate charge and rate schedule.

A. Each franchisee shall state in its proposal to enter into an agreement for the award of a franchise hereunder its initial monthly rates and installation and all other charges for service. Such initial rates and charges shall maintain in effect for at least one year following the completion of construction as set forth in the franchisee's comprehensive plan of cable television and/or telecommunications system.

B. Franchisee shall give at least 60 days' notice of his intention to change monthly rates and installation charges for residential service by mailing notices thereof to each of the current subscribers and to whom such charges will apply. The franchisee further agrees to give the Township Manager or his other designee 90 days' advance notice with a rate change.

C. By acceptance of this franchise hereunder, the franchisee agrees that its rates and charges to subscribers shall be fair and reasonable.

D. The franchisee shall not, as to rates, charges, service, or services facilities, make or grant any undue privilege or advantage to any party, nor subject to any party to undue prejudice or disadvantage; provided that the franchisee may establish reasonable classifications of customers. Nothing in this chapter prohibits the reduction or waiving of charges in connection with promotional campaigns or for the purpose of attracting subscribers or users or providing a senior citizen discount.

§ 72-37 Local regulatory framework.

If, at any time during the existence of any franchise granted pursuant to this chapter, or any such franchise, and federal law allows, the Board shall find that it is in the public interest to regulate rates or services for the franchise, the provisions of Article VIII, § 72-36, of this chapter shall have no further effect, and the rates and service of the franchise hereunder shall thereafter be regulated by the provisions set forth in East Whiteland Township Resolution 37-93 as the same may be amended from time to time, which is incorporated herein by reference in Appendix "A" and made a part hereof.[1]

[1] Editor's Note: Said resolution is on file in the Township Offices.