[Adopted 12-1-2021 by Ord. No. 427]
The Township Board of Supervisors does hereby approve the agreement
negotiated with Comcast, including all of the terms and conditions
contained therein, and does hereby authorize the execution of such
agreement. A copy of the agreement is attached hereto as Exhibit A.
All ordinances inconsistent with the attached cable franchise
agreement by and between the Township of Lower Makefield and Comcast
of Levittown, LLC, are hereby repealed.
If any section, subsection, sentence, clause, phrase or word
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not render this article invalid.
This article shall become effective as provided
by law.
[Adopted 11-15-2006 by Ord. No. 367]
Except as otherwise provided herein, the definitions
and word usages set forth in the Communications Act are incorporated
herein and shall apply in this agreement. In addition, the following
definitions shall apply:
ACCESS CHANNEL
A video channel that the franchisee shall make available
to the LFA without charge for public, educational or governmental
use for the transmission of video programming as directed by the LFA.
AFFILIATE
A person with:
A.
A direct or indirect ownership interest in the
subject entity of 5% or more or controls such interest, including
all forms of ownership such as general, limited, or other partnership
interests, direct ownership interests, limited liability companies
and other forms of business organizations and entities but, not including
corporations; or
B.
A stock interest in the subject entity where
the subject entity is a corporation and such stockholder or its nominee
is an officer or director of the franchisee or who directly or indirectly
owns or controls 5% or more of the outstanding stock, whether voting
or nonvoting; and any person that, directly or indirectly, owns or
controls, is owned or controlled by, or is under common ownership
or control with such person.
BASIC SERVICE
Any service tier that includes the retransmission of local
television broadcast signals as well as the PEG channels required
by this franchise.
CABLE OPERATOR
As defined under Section 602 of the Communications Act, 47
U.S.C. § 522(6) as now or hereafter amended.
CABLE SERVICE or CABLE SERVICES
As defined under Section 602 of the Communications Act, 47
U.S.C. § 522(6), which currently states "The one-way transmission
to subscribers of video programming or other programming service,
and subscriber interaction, if any, which is required for the selection
or use of such video programming or other programming service."
CABLE SYSTEM or SYSTEM
As defined under Section 602 of the Communications Act, 47
U.S.C. § 522(7), which currently states “a facility,
consisting of a set of closed transmission paths and associated signal
generation, reception, and control equipment that is designed to provide
cable service which includes video programming and which is provided
to multiple subscribers within a community, but such term does not
include (A) a facility that serves only to retransmit the television
signals of one or more television broadcast stations; (B) a facility
that serves subscribers without using any public rights-of-way; (C)
a facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of this Act, except that such facility
shall be considered a cable system [other than for purposes of Section
621(c)] to the extent such facility is used in the transmission of
video programming directly to subscribers, unless the extent of such
use is solely to provide interactive on-demand services; (D) an open
video system that complies with Section 653 of this title; or (E)
any facilities of any electric utility used solely for operating its
electric utility systems.” The franchisee's and its affiliates'
cable system shall be limited to the optical spectrum wavelength(s),
bandwidth, or future technological capacity that is used for the transmission
of cable services directly to subscribers within the LFA and shall
not include the tangible network facilities of a common carrier subject
in whole or in part to Title II of the Communications Act or of an
information services provider.
CHANNEL
As defined under Section 602 of the Communications Act, 47
U.S.C. § 522(4), which currently states “A portion
of the electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel (as
television channel is defined by the FCC by regulation).”
COMPLAINT
Any written communication by a subscriber expressing dissatisfaction
about any aspect of the franchisee's operation of the cable system
or the Franchisee's cable operations in the LFA.
CONTROL
The ability to exercise de facto or de jure control over
day-to-day policies and operations or the management of the franchisee's
affairs.
EFFECTIVE DATE
November 1, 2006, the date this agreement becomes effective.
FCC
The United States Federal Communications Commission, or successor
governmental entity thereto.
FORCE MAJEURE
An event or events reasonably beyond the ability of the Franchisee
to anticipate and control. This includes, but is not limited to, severe
or unusual weather conditions, labor strikes, lockouts, war or act
of war (whether an actual declaration of war is made or not), insurrection,
riots, act of public enemy, including terrorist attacks, orders of
the government of the United States or the Commonwealth of Pennsylvania,
actions or inactions of any government instrumentality or public utility
other than the franchisee, including condemnation to the extent such
actions are unforeseeable, accidents for which the Franchisee is not
responsible, fire, flood, or other acts of God, or work delays caused
by waiting for utility providers to service or monitor utility poles
to which the franchisee's FTTP network is attached, and the unavailability
of materials and/or qualified labor to perform the work necessary
to the extent that such unavailability of materials and/or qualified
labor was reasonably beyond the ability of the franchisee to foresee
or control.
FRANCHISE
The initial authorization, or renewal thereof, issued by
the LFA, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, ordinance or otherwise,
which authorizes construction and operation of the cable system for
the purpose of offering cable service to subscribers in the franchise
area.
FRANCHISE AREA
The incorporated municipal boundaries (entire territorial
limits) of the LFA and such additional areas as may be included in
the corporate (territorial) limits of the LFA during the term of this
franchise.
FRANCHISEE
Verizon Pennsylvania Inc., and its lawful and permitted successors,
assigns and transferees.
GROSS REVENUE
A.
All revenue, as determined in accordance with
generally accepted accounting principles, which is received by the
franchisee and its affiliates from the operation of the cable system
to provide cable service in the LFA, including:
(1)
Fees charged for basic service;
(2)
Fees charged to subscribers for any service
tier other than basic service;
(3)
Fees charged for premium services, e.g. HBO,
Cinemax, or Showtime;
(4)
Fees charged to subscribers for any optional,
per-channel, or per-program services;
(5)
Revenue from the provision of any other cable
services;
(6)
Charges for installation, additional outlets,
relocation, disconnection, reconnection and change-in-service fees
for video programming;
(7)
Fees for downgrading any level of cable service
programming;
(9)
Fees for leasing of channels;
(10)
Rental of customer equipment, including converters
and remote control devices;
(11)
Fees for digital video recorders;
(12)
Advertising revenues as set forth herein;
(13)
Revenue from the sale or rental of subscriber
lists;
(14)
Revenues or commissions received from the carriage of home shopping channels subject to Subsection
C(5) below;
(15)
Fees for any and all music services that are
deemed to be a cable service over a cable system;
(16)
Revenue from the sales of program guides;
(19)
Franchise fees for the provision of cable service
over the cable system in the LFA;
(20)
Fees for video on demand, and any revenues received
by the franchisee for carrying infomercials over its cable system;
and
(21)
Forgone revenue that the franchisee chooses
not to receive in exchange for trades, barters, services, or other
items of value.
B.
Advertising commissions paid to independent
third parties shall not be deducted from advertising revenue included
in gross revenue. Advertising revenue is based upon the ratio of the
number of subscribers as of the last day of the period for which gross
revenue is being calculated to the number of the franchisee's subscribers
within all areas covered by the particular advertising source as of
the last day of such period, e.g., the franchisee sells two ads: Ad
A is broadcast nationwide; Ad B is broadcast only within Pennsylvania.
The franchisee has 100 subscribers in the LFA, 500 subscribers in
Pennsylvania, and 1,000 subscribers nationwide. Gross revenue as to
the LFA from Ad A is 10% of the franchisee's revenue therefrom. Gross
revenue as to the LFA from Ad B is 20% of the Franchisee's revenue.
C.
Gross revenue shall not include:
(1)
Revenues received from the franchisee by any
affiliate or person other than the franchisee in exchange for supplying
goods or services used by the Franchisee to provide cable service
over the cable system in the LFA.
(2)
Bad debts written off by the franchisee in the
normal course of its business; provided, however, that bad debt recoveries
shall be included in gross revenue during the period collected;
(3)
Refunds, rebates or discounts made to subscribers
or other third parties;
(4)
Any revenues classified, in whole or in part,
as noncable services revenue under federal or state law, including,
without limitation, revenue received from telecommunications services;
revenue received from information services, including, without limitation,
Internet access service, electronic mail service, electronic bulletin
board service, or similar online computer services; charges made to
the public for commercial or cable television that is used for two-way
communications that are not cable services; and any other revenues
attributed to noncable services in accordance with applicable federal
and state laws or regulations;
(5)
Any revenue of the franchisee or any other person
that is received directly from the sale of merchandise through any
cable service distributed over the cable system, notwithstanding that
portion of such revenue which represents or can be attributed to a
subscriber fee or a payment for the use of the cable system for the
sale of such merchandise, which portion shall be included in gross
revenue;
(6)
The resale of cable services on the cable system
for which the purchaser is required to collect cable franchise fees
from the purchaser's customer;
(7)
The imputed value of the provision of cable
services to customers on a complimentary basis, including, without
limitation, the provision of cable services to public institutions
as required or permitted herein;
(8)
Any tax of general applicability imposed upon
franchisee or upon subscribers by a city, state, federal, or any other
governmental entity and required to be collected by the franchisee
and remitted to the taxing entity (including, but not limited to,
sales/use tax, gross receipts tax, excise tax, utility users tax,
public service tax, communication taxes, and noncable services revenue);
(9)
Any forgone revenue that the franchisee chooses
not to receive in exchange for its provision of free or reduced cost
cable or other communications services to any person, including without
limitation, employees of the franchisee and public institutions or
other institutions designated in the franchise; provided, however,
that such foregone revenue that the franchisee chooses not to receive
in exchange for trades, barters, services, or other items of value
shall be included in gross revenue;
(10)
Sales of capital assets or sales of surplus
equipment that are not deemed to be a cable service;
(12)
Directory or Internet advertising revenue, including,
but not limited to, yellow page, white page, banner advertisement
and electronic publishing;
(13)
Amounts paid as the PEG grant designated amount.
INTERNET ACCESS
Dial-up or broadband access service that enables subscribers
to access the Internet.
LOCAL FRANCHISE AUTHORITY or LFA
The Township of Lower Makefield or the lawful successor,
transferee, or assignee thereof, including the incorporated area (entire
existing territorial limits) of the LFA and such additional areas
as may be included in the corporate (territorial) limits of the LFA
during the term of this franchise.
NONCABLE SERVICES
Any service that is not a cable service over the cable system
as defined herein.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, normal business hours must
include some evening hours at least one night per week and/or some
weekend hours. See CFR 76.309(c)(4)(i).
NORMAL OPERATING CONDITIONS
Those service conditions that are within the control of the
franchisee. Those conditions that are not within the control of the
franchisee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe
or unusual weather conditions. Those conditions that are ordinarily
within the control of the franchisee include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system. See 47 CFR 76.309(c)(4)(ii).
PEG
Public, educational, and governmental.
PERSON
An individual, partnership, association, joint-stock company,
trust corporation, limited liability company, governmental entity
or other entity recognized under Pennsylvania law as a legal person.
PUBLIC RIGHTS-OF-WAY
The surface and the area across, in, over, along, upon and
below the surface of the public streets, roads, bridges, sidewalks,
lanes, courts, ways, alleys, and boulevards, including, public utility
easements and public lands and waterways used as public rights-of-way,
as the same now or may thereafter exist which are under the jurisdiction
or control of the LFA. Public rights-of-way do not include the airwaves
above a right-of-way with regard to cellular or other nonwire communications
or broadcast services.
SERVICE AREA
All portions of the LFA where cable service is being offered,
including the initial service area and any additional service areas.
SERVICE DATE
The date that the franchisee first provides cable service
on a commercial basis directly to multiple subscribers in the franchise
area. The franchisee shall memorialize the service date by notifying
the LFA in writing of the same, which notification shall become a
part of this franchise.
SUBSCRIBER
A person who lawfully receives cable service distributed
by the cable system with the franchisee's express permission.
TITLE II
Title II of the Communications Act, Common Carriers, as amended.
TITLE VI
Title VI of the Communications Act, Cable Communications,
as amended, which governs the provision of cable services by the Franchisee.
TRANSFER OF THE FRANCHISE
A.
Any transaction in which:
(1)
The right, title, control or other interest
in the franchisee or the cable system is transferred, directly or
indirectly, from one person or group of persons to another person
or group of persons, so that management or control of the franchisee
is transferred; or
(2)
The rights held by the franchisee pursuant to
this agreement are transferred or assigned to another person or group
of persons.
B.
However, notwithstanding Subsection
A(1) a "transfer of the franchise" shall not include transfer of an ownership or other interest in the franchisee to the parent of the franchisee or to another affiliate of the franchisee; transfer of an interest in the franchise or the rights held by the franchisee under the franchise to the parent of the franchisee or to another affiliate of the franchisee; any action that is the result of a merger of the parent of the franchisee; or any action that is the result of a merger of another affiliate of the franchisee.
VIDEO PROGRAMMING
As defined under Section 602 of the Communications Act, 47
U.S.C. § 522(20), which currently states "Programming provided
by, or generally considered comparable to programming provided by
a television broadcast station."
These standards shall, starting six months after
the service date, apply to the franchisee to the extent it is providing
cable services over the cable system in the LFA.
A. Definitions.
RESPOND
The franchisee's investigation of a service interruption
after receiving a subscriber call by opening a trouble ticket, if
required, and responding to the call.
SERVICE CALL
The action taken by the franchisee to correct a service interruption,
the effect of which is limited to an individual subscriber.
SIGNIFICANT OUTAGE
A significant outage of the cable service shall mean any
service interruption lasting at least four continuous hours that affects
at least 10% of the subscribers in the service area.
B. Telephone availability.
(1)
The franchisee shall maintain a toll-free number
to receive all calls and inquiries from subscribers in the LFA and/or
residents regarding cable service. The franchisee representatives
trained and qualified to answer questions related to cable service
in the LFA must be available to respond to customer telephone inquiries
during normal business hours. Such representatives must be available
to respond to service interruptions 24 hours a day, seven days a week,
and other inquiries at least 45 hours per week. The franchisee representatives
shall identify themselves by name when answering this number.
(2)
The franchisee's telephone numbers shall be
listed, with appropriate description (e.g. administration, customer
service, billing, repair, etc.), in the directory published by the
local telephone company or companies serving the service area, beginning
with the next publication cycle after acceptance of this franchise
by the franchisee.
(3)
The franchisee may use an automated response
unit ("ARU") or a voice response unit ("VRU") to distribute calls.
If a foreign language routing option is provided, and the subscriber
does not enter an option, the menu will default to the first tier
menu of English options. After the first tier menu (not including
a foreign language rollout) has run through three times, if customers
do not select any option, the ARU or VRU will forward the call to
a queue for a live representative. The franchisee may reasonably substitute
this requirement with another method of handling calls from customers
who do not have touch-tone telephones.
(4)
Under normal operating conditions, calls received
by the franchisee shall be answered within 30 seconds. The franchisee
shall meet this standard for 90% of the calls it receives at all call
centers receiving calls from subscribers, as measured on a cumulative
quarterly calendar basis. Measurement of this standard shall include
all calls received by the franchisee at all call centers receiving
calls from subscribers, whether they are answered by a live representative,
by an automated attendant, or abandoned after 30 seconds of call waiting.
(5)
Under normal operating conditions, callers to
the franchisee shall receive a busy signal no more than 3% of the
time during any calendar quarter.
(6)
Notwithstanding the performance criteria of Subsection
B(1) through
(5) above, the franchisee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates a clear failure to comply.
(7)
Measuring and reporting.
(a)
Upon request from the LFA, but in no event more
than once a quarter 30 days following the end of each quarter, the
Franchisee shall report to the LFA the following for all call centers
receiving calls from subscribers except for temporary telephone numbers
set up for national promotions:
[1]
Percentage of calls answered within 30 seconds as set forth in Subsection
B(4).
[2]
Percentage of time customers received a busy signal when calling the Verizon service center as set forth in Subsection
B(5).
(b)
Subject to consumer privacy requirements, underlying
activity will be made available to the LFA for review upon reasonable
request.
(c)
At the Franchisee's option, the measurements
and reporting above may be changed from calendar quarters to billing
or accounting quarters. The franchisee shall notify the LFA of such
a change at least 30 days in advance of any implementation.
C. Installations and service appointments.
(1)
All installations will be in accordance with
the rules of the FCC, the National Electric Code, and the National
Electrical Safety Code, including but not limited to, appropriate
grounding, connection of equipment to ensure reception of cable service,
and the provision of required consumer information and literature
to adequately inform the subscriber in the utilization of franchisee-supplied
equipment and cable service.
(2)
The standard installation shall be performed
within seven business days after the placement of the optical network
terminal ("ONT") on the customer's premises or within seven business
days after an order is placed if the ONT is already installed on the
customer's premises. The franchisee shall meet this standard for 95%
of the standard installations it performs, as measured on a calendar
quarter basis, excluding customer requests for connection later than
seven days after ONT placement or later than seven days after an order
is placed if the ONT is already installed on the customer's premises.
(3)
Measurements and reporting.
(a)
The franchisee shall provide the LFA with a
report upon request from the LFA, but in no event more than once a
quarter, 30 days following the end of each quarter, noting the percentage
of standard installations completed within the seven-day period, excluding
those requested outside of the seven-day period by the subscriber.
Subject to consumer privacy requirements, underlying activity will
be made available to the LFA for review upon reasonable request.
(b)
At the franchisee's option, the measurements
and reporting above may be changed from calendar quarters to billing
or accounting quarters. The franchisee shall notify the LFA of such
a change at least 30 days in advance of any implementation.
(4)
The franchisee will offer subscribers appointment
window alternatives for arrival to perform installations, service
calls, and other activities of a maximum four hours scheduled time
block during normal business hours. The franchisee may offer subscribers
appointment arrival times other than these four-hour time blocks,
if agreeable to the subscriber. These hour restrictions do not apply
to the weekends. The franchisee may not cancel an appointment with
a subscriber after the close of business on the business day prior
to the scheduled appointment; provided, however, that if a technician
is running late for an appointment with a subscriber and will not
be able to keep the appointment as scheduled, the subscriber will
be contacted. The appointment will be rescheduled, as necessary, at
a time which is convenient for the franchisee and the subscriber.
D. Service interruptions and outages.
(1)
The franchisee shall promptly notify the LFA
of any significant outage of the cable service.
(2)
The franchisee shall exercise commercially reasonable
efforts to limit any significant outage for the purpose of maintaining,
repairing, or constructing the cable system. Except in an emergency
or other situation necessitating a more expedited or alternative notification
procedure, the franchisee may schedule a significant outage for a
period of more than four hours during any twenty-four-hour period
only after the LFA and each affected subscriber in the service area
have been given 15 days' prior notice of the proposed significant
outage.
(3)
The franchisee representatives who are capable
of responding to service interruptions must be available to respond
24 hours a day, seven days a week.
(4)
Under normal operating conditions, the franchisee
must respond to a call from a subscriber regarding a service interruption
or other service problems within the following time frames:
(a)
Within 24 hours, including weekends, of receiving
subscriber calls respecting service interruptions in the service area,
and shall diligently pursue to completion.
(b)
The franchisee must begin actions to correct
all other cable service problems the next business day after notification
by the subscriber or the LFA of a cable service problem and shall
diligently pursue to completion.
(5)
Under normal operating conditions, the franchisee
shall complete service calls within 72 hours of the time the franchisee
commences to respond to the service interruption, not including weekends
and situations where the subscriber is not reasonably available for
a service call to correct the service interruption within the seventy-two-hour
period.
(6)
The franchisee shall meet the standard in Subsection
D(5) of this section for 90% of the service calls it completes, as measured on a quarterly basis.
(7)
The franchisee shall provide the LFA with a
report upon request from the LFA, but in no event more than once a
quarter within 30 days following the end of each calendar quarter,
noting the percentage of service calls completed within the seventy-two-hour
period, not including service calls where the subscriber was reasonably
unavailable for a service call within the seventy-two-hour period
as set forth in this section. Subject to consumer privacy requirements,
underlying activity will be made available to the LFA for review upon
reasonable request. At the franchisee's option, the above measurements
and reporting may be changed from calendar quarters to billing or
accounting quarters. The franchisee shall notify the LFA of such a
change at least 30 days in advance of any implementation.
(8)
Under normal operating conditions, the franchisee
shall provide a credit upon subscriber request when all channels received
by the subscriber are out of service for a period of four consecutive
hours or more. The credit shall equal, at a minimum, a proportionate
amount of the affected subscriber(s)' current monthly bill. In order
to qualify for the credit, the subscriber must promptly report the
problem and allow the franchisee to verify the problem if requested
by the franchisee. If subscriber availability is required for repair,
a credit will not be provided for such time, if any, that the subscriber
is not reasonably available.
(9)
Under normal operating conditions, if a significant
outage affects all video programming cable services for more than
24 consecutive hours, the franchisee shall issue an automatic credit
to the affected subscribers in the amount equal to their monthly recurring
charges for the proportionate time the cable service was out, or a
credit to the affected subscribers in the amount equal to the charge
for the basic plus enhanced basic level of service for the proportionate
time the cable service was out, whichever is technically feasible
or, if both are technically feasible, as determined by the franchisee
provided such determination is nondiscriminatory. Such credit shall
be reflected on subscriber billing statements within the next available
billing cycle following the outage.
(10)
With respect to service issues concerning cable
services provided to the LFA facilities, the franchisee shall respond
to all inquiries from the LFA within four hours and shall commence
necessary repairs within 24 hours under normal operating conditions
and shall diligently pursue to completion. If such repairs cannot
be completed within 24 hours, the Franchisee shall notify the LFA
in writing as to the reason(s) for the delay and provide an estimated
time of repair.
E. Customer complaints. Under normal operating conditions,
the franchisee shall investigate subscriber complaints referred by
the LFA within 72 hours. The franchisee shall notify, the LFA of those
matters that necessitate an excess of 72 hours to resolve, but those
matters must be resolved within 15 days of the initial complaint.
The LFA may require reasonable documentation to be provided by the
franchisee to substantiate the request for additional time to resolve
the problem. For purposes of this section, "resolve" means that the
franchisee shall perform those actions, which, in the normal course
of business, are necessary to investigate the subscriber's complaint
and advise the subscriber of the results of that investigation.
F. Billing.
(1)
Subscriber bills shall be clear, concise, and
understandable. Bills must be itemized to include all applicable service
tiers and, if applicable, all related equipment charges. Bills shall
clearly delineate activity during the billing period, including optional
charges, rebates, credits, and aggregate late charges. The franchisee
shall, without limitation as to additional line items, be allowed
to itemize as separate line items, franchise fees, taxes, and/or other
governmentally imposed fees. The franchisee shall maintain records
of the date and place of mailing of bills.
(2)
A specific due date shall be listed on the bill
of every subscriber whose account is current. Delinquent accounts
may receive a bill that lists the due date as upon receipt; however,
the current portion of that bill shall not be considered past due
until after the specific due date.
(3)
Any subscriber who, in good faith, disputes
all or part of any bill shall have the option of withholding the disputed
amount without disconnect or late fee being assessed until the dispute
is resolved, provided that:
(a)
The subscriber pays all undisputed charges;
(b)
The subscriber provides notification of the
dispute to the franchisee within five days prior to the due date;
and
(c)
The subscriber cooperates in determining the
accuracy and/or appropriateness of the charges in dispute.
(d)
It shall be within the franchisee's sole discretion
to determine when the dispute has been resolved.
(4)
Under normal operating conditions, the franchisee
shall initiate investigation and resolution of all billing complaints
received from subscribers within five business days of receipt of
the complaint. Final resolution shall not be unreasonably delayed.
(5)
The franchisee shall provide a telephone number
and address on the bill for subscribers to contact the franchisee.
(6)
The franchisee shall forward a copy of any cable
service related billing inserts or other mailing sent to subscribers
to the LFA upon request.
G. Rates, fees and charges.
(1)
The franchisee shall not, except to the extent
expressly permitted by law, impose any fee or charge for service calls
to a subscriber's premises to perform any repair or maintenance work
related to the Franchisee's equipment necessary to receive cable service,
except where such problem is caused by a negligent or wrongful act
of the subscriber (including, but not limited to a situation in which
the subscriber reconnects the franchisee's equipment incorrectly)
or by the failure of the subscriber to take reasonable precautions
to protect the franchisee's equipment.
(2)
The Franchisee shall provide reasonable notice
to subscribers of the possible assessment of a late fee on bills or
by separate notice.
H. Disconnection/denial of service.
(1)
The franchisee shall not terminate cable service
for nonpayment of a delinquent account unless the franchisee mails
a notice of the delinquency and impending termination prior to the
proposed final termination. The notice shall be mailed to the subscriber
to whom the cable service is billed. The notice of delinquency and
impending termination may be part of a billing statement.
(2)
Cable service terminated in error must be restored
without charge within 24 hours of notice. If a subscriber was billed
for the period during which cable service was terminated in error,
a credit shall be issued to the subscriber if the service interruption
was reported by the subscriber.
(3)
Nothing in these standards shall limit the right
of the franchisee to deny cable service for nonpayment of previously
provided cable services, refusal to pay any required deposit, theft
of cable service, damage to the franchisee's equipment, abusive and/or
threatening behavior toward the franchisee's employees or representatives,
or refusal to provide credit history information or refusal to allow
the franchisee to validate the identity, credit history, and credit
worthiness via an external credit agency.
(4)
Charges for cable service will be discontinued
at the time of the requested termination of service by the subscriber,
except equipment charges may by applied until equipment has been returned.
No period of notice prior to requested termination of service can
be required of subscribers by the franchisee. No charge shall be imposed
upon the subscriber for or related to total disconnection of cable
service or for any cable service delivered after the effective date
of the disconnect request, unless there is a delay in returning the
franchisee's equipment or early termination charges apply pursuant
to the subscriber's service contract. If the subscriber fails to specify
an effective date for disconnection, the subscriber shall not be responsible
for cable services received after the day following the date the disconnect
request is received by the franchisee. For purposes of this subsection,
the term "disconnect" shall include subscribers who elect to cease
receiving cable service from the franchisee and to receive cable service
or other multi-channel video service from another person or entity.
I. Communications with subscribers.
(1)
All franchisee personnel, contractors, and subcontractors
contacting subscribers or potential subscribers outside the office
of the franchisee shall wear a clearly visible identification card
bearing their name and photograph. The franchisee shall make reasonable
effort to account for all identification cards at all times. In addition,
all franchisee representatives shall wear appropriate clothing while
working at a subscriber's premises. Every service vehicle of the franchisee
and its contractors or subcontractors shall be clearly identified
as such to the public. Specifically, franchisee vehicles shall have
the franchisee's logo plainly visible. The vehicles of those contractors
and subcontractors working for the franchisee shall have the contractor's/subcontractor's
name plus markings (such as a magnetic door sign) indicating they
are under contract to the franchisee.
(2)
All contact with a subscriber or potential subscriber
by a person representing the franchisee shall be conducted in a courteous
manner.
(3)
All notices identified in this section shall
be by either:
(a)
A separate document included with a billing
statement or included on the portion of the monthly bill that is to
be retained by the subscriber; or
(b)
A separate electronic notification.
(4)
The franchisee shall provide reasonable notice
to subscribers of any pricing changes or additional changes (excluding
sales discounts, new products or offers) and, subject to the foregoing,
any changes in cable services, including channel lineups. Such notice
must be given to subscribers and the LFA a minimum of 30 days in advance
of such changes if within the control of the Franchisee, and the franchisee
shall provide a copy of the notice to the LFA, including how and where
the notice was given to subscribers.
(5)
Time frames for provision of information.
(a)
The franchisee shall provide information to all subscribers about each of the following items at the time of installation of cable services, annually to all subscribers, at any time upon request, and, subject to Subsection
I(4), least 30 days prior to making significant changes in the information required by this section if within the control of franchisee:
[1]
Products and cable service offered;
[2]
Prices and options for cable services and condition
of subscription to cable services;
[3]
Installation and maintenance policies including,
when applicable, information regarding the subscriber's in-home wiring
rights during the period cable service is being provided;
[4]
Channel positions of cable services offered
on the cable system;
[5]
Procedures for resolving complaints, including
the name, address, and telephone number of LFA, but with a notice
advising the Subscriber to initially contact Franchisee about all
complaints and questions;
[6]
Procedures for requesting cable service credit;
[7]
The availability of a parental control device;
[8]
Franchisee practices and procedures for protecting
against invasion of privacy; and
[9]
The address and telephone number of the franchisee's
office to which complaints may be reported.
(b)
A copy of notices required in this Subsection
I(5) will be given to the LFA at least 15 days prior to distribution to subscribers if the reason for notice is due to a change that is within the control of the franchisee and as soon as possible if not within the control of the franchisee.
(6)
Notices of changes in rates shall indicate the
cable service new rates and old rates, if applicable.
(7)
Notices of changes of cable services and/or
channel locations shall include a description of the new cable service,
the specific channel location, and the hours of operation of the cable
service if the cable service is only offered on a part-time basis.
In addition, should the channel location, hours of operation, or existence
of other cable services be affected by the introduction of a new cable
service, such information must be included in the notice.
(8)
Every notice of termination of cable service
shall include the following information:
(a)
The name and address of the subscriber whose
account is delinquent;
(b)
The amount of the delinquency for all services
billed;
(c)
The date by which payment is required in order
to avoid termination of cable service; and
(d)
The telephone number for the franchisee where
the subscriber can receive additional information about his or her
account and discuss the pending termination.
(9)
The LFA hereby requests, and the Franchisee
agrees, that the franchisee omit publishing information specified
in 47 C.F.R. § 76.952(a) from subscriber bills.
J. Privacy. The franchisee shall protect and abide by
the rights of privacy of every subscriber and shall not violate such
rights through the use of any device or signal associated with the
cable system. The franchisee shall at all times comply with the privacy
provisions of Section 631 of the Cable Act and all other applicable
federal and state privacy laws and regulations.