In addition to any and all requirements of this chapter, each and every MCS provider shall comply with, and abide by, all applicable provisions of any state law concerning consumer sales practices.
A. 
At least annually, an MCS provider shall inform all subscribers of at least the following billing practices, which must be in accordance with this chapter:
(1) 
Billing procedures (including payments necessary to avoid discontinuance of service);
(2) 
Payment due and delinquent dates;
(3) 
Amount or percentage of any administrative fees and/or late charges, if any;
(4) 
Disconnection/reconnection policy;
(5) 
Advance billing options;
(6) 
Resolution procedures for billing disputes, complaints, and inquiries;
(7) 
Refund/credit policy for service interruptions, or unsolicited service;
(8) 
Current service rates in a detailed and understandable format;
(9) 
Amount of charges for installation or relocation of an MCS provider's facilities and/or equipment; and
(10) 
Current schedule and explanation for any billed charges or other non-regularly-occurring fees invoiced to subscribers (including service call charges or trip charges).
B. 
Whenever there is a change in an MCS provider's billing practices or payment requirements, all subscribers must be notified in writing at least 30 days prior to such billing practices or payment requirements becoming effective.
C. 
In any case where a subscriber requests a cancellation or reduction of service within 30 days after the notification of a scheduled rate or charge adjustment, then the subscriber's liability for service received after the effective date of such changes, until the cancellation or reduction of service, shall be determined in accordance with the rates or charges, if any, in effect prior to such change.
D. 
The annual notification required in this section may be delivered to a subscriber by any means that reasonably assures that the subscriber actually receives the notification and wherein the notice is plainly discernible, of at least 10-point type and clearly indicates that it is a notice of importance that affects rates.
A. 
An MCS provider, specifically including, but not necessarily limited to, any classified as a cable operator, shall, unless exempted by federal law, adhere to, and comply with the requirements of this chapter and all applicable state laws, rules and regulations, including those of the PSC, concerning billing credits or refunds due to service outages. For other MCS providers, a subscriber shall receive, on the next available monthly bill or periodic invoice for service, a pro rata credit (or where applicable a refund for any service outage exceeding 24 hours in duration.
B. 
Unless preempted by PSC rules, force majeure situations do not relieve an MCS provider from providing credits or refunds for service outages that exceed the standards set forth in this chapter.
C. 
In the case of a charge for unsolicited service to the extent permitted by PSC rules, an MCS provider shall provide a subscriber with an adjustment or billing credit on the next available monthly bill or periodic invoice for service. Moreover, in such a case, an MCS provider shall not consider a subscriber delinquent for failure to pay for any unsolicited service.
A. 
In those instances in which a subscriber contests the actual amount of a bill for service or other charges, or a periodic invoice for such, or the imposition of charge for a particular multichannel service or technical service request, such as installation or upgrade of service, or the amount of an administrative fee and/or late charge, such subscriber shall make the MCS provider aware (either in writing, or by verified verbal communication) of such contested amount prior to the multichannel service being disconnected.
B. 
No subscriber shall have service disconnected, and no MCS provider shall disconnect such service, during the period in which the contest of a rate or charge is unresolved. However, if the matters is resolved in favor of the MCS provider, the MCS provider may immediately disconnect the service if the subscriber has not paid the amount owed.
C. 
An MCS provider shall not consider a subscriber delinquent for failure to pay a charge for unsolicited service during the period the amount or charge is contested.
D. 
In light of the provisions contained in this section, an MCS provider shall make available an escrow account for subscribers with billing disputes and shall place all contested amounts in said escrow account.
E. 
In those instances where a subscriber has notified an MCS provider of a particular billing dispute, the subscriber may deposit, or request that MCS provider deposit or place the full amount contested into the escrow account set forth in the preceding Subsection until the matter is either administratively, or judicially resolved. In cases of multiple billing disputes, then the subscriber must deposit the full amount of each contested charge into an MCS provider escrow account, or request that the MCS provider do so.
F. 
Where, prior to disconnection, a subscriber deposits the full amount of the contested charge into an MCS provider escrow account, the MCS provider may not then disconnect the subscriber during the pendency of the billing dispute. Moreover, after the subscriber deposits the full amount of the contested charge into the escrow account, the subscriber shall not be liable for any further administrative fees and/or late charges that could be connected with the particular contested charge in question until the matter is resolved, and then only if the matter is resolved in favor of the MCS provider.
G. 
Where the subscriber preserves his or her right to continued service by placing the full amount of the contested charge in an escrow account, the subscriber may thereafter subscribe to additional multichannel services, such as premium or pay-per-view events, so long as the subscriber adheres to any, and all MCS provider-imposed rules, so long as such rules are applicable to subscribers in general.
H. 
Upon final resolution of the billing dispute, the money in the escrow account, together with interest, if applicable, shall promptly be distributed to the individual parties in the amount noted by any settlement agreement, or administrative or judicial order or finding.
I. 
These above-described provisions shall be in addition and supplemental to any provisions contained in the MCS provider's complaint/inquiry resolution policy.
A. 
In order to facilitate the needs of the local customers or subscribers, an MCS provider subject to the provisions of this section shall maintain a customer or subscriber service office which is:
(1) 
Located within the corporate boundaries of the City, or no further than two miles outside the City limits;
(2) 
Accessible to the physically and ambulatory-impaired; and
(3) 
Adequately staffed during business hours to handle both the walk-in and telephonic traffic of customers or subscribers.
B. 
The local service office shall be open at least 40 hours per week, exclusive of holidays.
C. 
Within the 40 hours per week that the local service office must be open, an MCS provider subject to the provisions of this section shall be required to provide staffed office hours either two evenings a week until 7:00 p.m., or four hours on Saturday, if not prohibited by rule or regulation of the PSC. No MCS provider shall be required to keep the office open and staffed both on evenings and on Saturday.
D. 
The local service office shall have an adequate staff that is trained and knowledgeable in order to handle the vast majority of customer or subscriber inquiries, specifically including, but not limited to: billing inquiries, refunds, credits, service outages, equipment service and repair, payment of bills and other charges, and inquiries from disabled or physically impaired customer or subscribers.
E. 
An MCS provider subject to the provisions of this section may install, at the local service office, an after hours depository in order to collect invoice payments, and receive written requests for service appointments, including installations, connections, disconnections and complaints after scheduled office hours.
F. 
An MCS provider subject to the provisions of this section may install an automated (audio or video) customer or subscriber assistance device which can handle various types of customer or subscriber inquiries, so long as the caller has the option and ability to speak with a live representative of the MCS provider at all times during which the office is, or is required to be, open and staffed.
G. 
Where not prohibited by the PSC, an MCS provider subject to the provisions of this section may install an interactive customer or subscriber assistance device or contract service which is capable of handling various types of customer or subscriber inquiries.
H. 
If permitted by the PSC, an MCS provider subject to the provisions of this section may contract with another business or commercial establishment for the sole or primary purpose of collecting subscriber payments and distributing MCS provider permissible, and where applicable authorized, promotional, billing, and/or subscriber information and literature.
I. 
An MCS provider subject to the provisions of this section shall maintain at least one toll-free and/or local telephone number to accommodate both normal business inquiries, including requests for installation of service and changes in levels or categories or types of service, to facilitate calls concerning the repair of equipment, service outages, and the extended interruption of service. During any hours that the customer or subscriber service office is open, the MCS provider must have, or make available, in-house personnel to address a customer or subscriber's inquiries. During other hours, a telephone may be manned by an automatic answering device, provided that the use of an answering device or answering service results in an initial phone response by the MCS provider within 90 minutes of the receipt of the call, in order to at least determine the extent of the outage, interruption or other customer or subscriber-related concern.
J. 
An MCS provider subject to the provisions of this section shall have adequate staff and/or extension lines (except during special marketing promotion periods, peak billing cycles, and service outages) in order to handle all calls and inquiries directed to the general information number, in accordance with this chapter.
K. 
An MCS provider subject to the provisions of this section shall at all times have sufficient technical and repair staff to operate and maintain the system in compliance with the provisions of this chapter, including the provisions regarding the repair and restoration of service, as well as all applicable state and federal rules and regulations.
L. 
An MCS provider subject to the provisions of this section shall at all times have sufficient repair equipment and replacement parts to repair and restore service in accordance with the provisions of this chapter.
A. 
An MCS provider shall not, as to rules, regulations, rates, charges, provision of service, or use of an MCS provider's facilities and equipment, make, allow, or grant any undue preference or advantage to any person, nor subject any person to prejudice or disadvantage, on the basis of age, race, creed, color, sex, national origin, handicap, religious affiliation or location of residence.
B. 
Consistent with Section 621A(3) of the Cable Act [codified at 47 U.S.C. § 541A(3)], MCS providers classified as cable operators shall not deny cable service, or the extension of cable service, to any group of potential residential cable subscribers based on the income of the residents of the local area in which such group resides.
C. 
Subsection A of this section does not prohibit an MCS provider from denying service based on the location of residence, if that residence is outside the parameters for line extension as may be detailed in a franchise, other agreement, license or permit (if applicable).
D. 
Subsection A of this section also does not prohibit an MCS provider from denying service to a subscriber who is delinquent in the payment of any periodic service, or special service bill, so long as the requirements for billing disputes and disconnection have been satisfied in accordance with this chapter.
E. 
Subsection A of this section also does not prohibit an MCS provider from making agreements or entering into multichannel service agreements with multiple dwelling unit owners (including hotel, motel, and mobile park owners) to provide multichannel service under a bulk billing or other type of arrangement, subject to applicable federal and state law and rule.
A. 
If at any time an MCS provider, in furtherance of its right to construct, operate, and maintain a multichannel system, shall disturb the yard, residence, or other real or personal property of a subscriber, such MCS provider shall ensure that the subscriber's yard, residence, or other personal property is returned, replaced, and/or restored to a condition comparable to that which existed prior to the commencement of the work.
B. 
The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by the MCS provider. This subsection also requires the MCS provider to reimburse a subscriber or private property owner, for any actual physical damage caused by the MCS provider, its subcontractor, or its independent contractor, in connection with the disturbance of a subscriber or private property owner's property.
A. 
Except in cases of force majeure, or an appointment scheduled with the mutual consent of a subscriber, an MCS provider classified as a cable operator, and any MCS provider not exempted from compliance with this section by federal law or rule, shall respond to the service inquiries, requests and complaints of subscribers within such MCS provider's normal business or service hours, and within the time schedules detailed in Subsections C through G of this section. The MCS provider shall be considered in compliance by with this section if the standards of service outlined in Subsections C through G are met or exceeded at least 98% of the time as measured over any three consecutive calendar months. Conversely, the MCS provider shall be considered in noncompliance, except for force majeure situations or mutually agreed upon scheduled appointments, if the standards of service outlined in Subsections C through G of this section are not met or exceeded at least 98% of the time over any three consecutive calendar months.
B. 
For extenuating circumstances in which an MCS provider cannot meet the response and service restoration requirements noted in Subsections C through G of this section, such MCS provider shall comply with and submit all documentation of progress towards restoration, as required by the provisions of this chapter, and any applicable rules of the PSC.
C. 
Moreover, except in emergency situations, an MCS provider shall inform the subscriber that there is a choice as to whether the service call is scheduled for the morning (8:00 a.m. to noon), afternoon (noon to 4:00 p.m.), or evening (4:00 p.m. to 8:00 p.m. or later) hours. If the service call has to be canceled or rescheduled by the MCS provider, then the MCS provider shall make every effort to notify the customer or subscriber as soon as possible prior to the date and time of the appointment, and shall reschedule the service call for a time convenient to the customer or subscriber, within the MCS providers normal working hours, and if desired by the subscriber, within 24 hours of the canceled appointment, so long as the appointment is for a normal work day.
D. 
In the case of a report or complaint of a loss of service, such being defined as a 'blank' or 'no picture' situation on either the lowest level of service or all levels of service, the MCS provider shall treat such report as a top priority and respond before starting any other job or function, except for a critical job that would jeopardize the functioning of the remaining portion of the system. In no case shall the response be later than six hours after the time the report or complaint is received, so long as it is received during a normal work day and four hours prior to the end of the work day. The MCS provider shall make its best effort to restore service as quickly as is possible, but in no event later than the soonest possible time, including when such a report or complaint is received after normal working hours. In the event of an after hours report or complaint of a loss of service from two or more subscribers from the within the same portion of the system within the City, the MCS provider shall respond to and make its best effort to restore service within two hours of the time the report or complaint was received, or in extenuating circumstances, as quickly as is possible. At no time shall an MCS provider's staff that responds to a report or complaint of a loss of service leave the problem until service is restored, where it is found that a loss of service has occurred.
E. 
In the case of a loss of service or a blank or no-picture situation of any given level of subscription or billing or service (except for pay-per-view events), an MCS provider shall respond to, and make repairs as are necessary to return and restore the multichannel service within 24 hours from the time the MCS provider first received notification of the service interruption blank or no-picture situation.
F. 
In the case of a signal or service interruption or a diminution of service as defined in § 309-5 of this chapter, an MCS provider shall make its best efforts to respond and remedy the problem the same day, but in no case later than one working day from the time the MCS provider first received notification of the signal or service interruption or diminution of service.
G. 
In the case of a defective, improperly or nonoperating piece of equipment, an MCS provider shall make its best efforts to respond and remedy the problem the same day, but in no case will the response be later than one working day from the time the MCS provider first received notification. Moreover, the MCS provider shall complete repairs as are necessary to correct the problem within 36 hours from the time the MCS provider first received notification of the defective, improperly or nonoperating piece of equipment.
H. 
In the case of a dispute concerning the precise time that the MCS provider received notification, or the precise circumstances surrounding the MCS provider receiving notification, or whether notification was received at all, the City Council reserves the right and authority to dispositively settle such a dispute.
A. 
To the extent permitted by state law, including any applicable rule of the PSC, a subscriber shall not be considered delinquent in payment until at least the following have occurred:
(1) 
Thirty-five days have elapsed from the postmarked date of the bill to the subscriber;
(2) 
Service for the thirty-day period billed for has been delivered; and
(3) 
Payment for said thirty-day period has not been received by an MCS provider.
B. 
Before disconnection of a subscriber's multichannel service takes place, either physically or electronically, the following must occur:
(1) 
The subscriber must in fact be delinquent in payment for multichannel service as defined by this chapter; and
(2) 
At least 24 hours have elapsed after a separate written notice of impending disconnection has been served upon the subscriber or deposited at his or her residence; or
(3) 
At least 72 hours have elapsed after the mailing a separate written notice of impending disconnection to the subscriber as determined by the postmark; or
(4) 
At least 24 hours have elapsed after the subscriber has either signed for or refused to accept a separate written notice of impending disconnection.
C. 
The written notice of disconnection must expressly and clearly state:
(1) 
The amount that is owed by the subscriber to an MCS provider;
(2) 
The minimum amount required to be paid to avoid disconnection; and
(3) 
The date and place where such payment must be made.
D. 
Disconnection of service must occur both on a normal service day and within normal business hours of an MCS provider, unless the subscriber is given the opportunity to pay the full amount of the past due account in accordance with the provisions of this chapter.
E. 
An MCS provider who physically retrieves its equipment from a subscriber, including, but not limited to converters, remote control units and digital audio tuners, must do so within both a normal service day and normal service hours of an MCS provider, unless otherwise agreed to by the subscriber.
F. 
Where an MCS provider imposes an "administrative fee" for a payment delinquency it shall nevertheless be treated as a late charge, and may not be any more than the state or PSC allows for late charges, if the state or PSC has a provision covering the maximum permitted late charges. If the state or PSC is silent on such a late charge, then the maximum permitted late charge and/or "administrative fee" shall be a simple 12% of the payment delinquency.
G. 
To the extent permitted by state law, including any applicable PSC rule or regulation, a subscriber shall not be considered delinquent in such case where he or she has notified the MCS provider of a billing dispute and/or contested charge prior to disconnection, and the subscriber has allowed the full amount of the contested charge to be placed in an MCS provider's escrow account by the MCS provider, or made the appropriate deposit into the MCS provider's escrow account. Moreover, if a late charge and/or "administrative charge" is assessed prior to notification of the contested charge, or is in fact the contested charge, then such late charge and/or "administrative fee" may not be greater than the state permitted maximum, or a simple 12% if there is no state-imposed or PSC-imposed maximum.
H. 
Receipt of a "bad check" or other negotiable instrument from a subscriber, in response to a written notice of disconnection, does not constitute payment, and the affected MCS provider need not give the subscriber further notice prior to disconnecting multichannel service.
I. 
An MCS provider may add a reasonable collection charge to the subscriber's bill if the applicable provisions of this chapter, and any applicable PSC regulation, are followed.
J. 
Any refund due a subscriber after a disconnection pursuant to this section shall be made within 60 days of the disconnection for nonpayment.
A. 
At any time, a subscriber may request that a particular service, level of service, service tier, menu-driven program or service, premium channel, informational service, or the entire multichannel service be disconnected with no penalty of any kind whatsoever.
B. 
Unless prohibited by the Cable Act or state law, including any applicable rule or regulation of the PSC, a subscriber may request a downgrade from a particular level of service to a lower or less comprehensive or expensive level of service. To the extent that a subscriber requests a downgrade from an MCS provider classified as a cable operator, then such MCS provider shall follow the rules and regulations of the PSC, so long as such are not inconsistent with applicable federal law. In the event there are no PSC rules governing such, there shall be no charge for downgrading disconnecting service, unless the City's authority to enforce this subsection is preempted or prohibited by federal law or rule.
C. 
A subscriber's obligation to pay for any service for which he or she has requested disconnection or a downgrade shall cease within 72 hours from the date of the request.
D. 
For a service, level of service, service tier, a la carte or menu-driven service, premium channel, informational service or other communications service which is voluntarily disconnected, a subscriber shall pay only a pro rata share of the monthly rate for such service, level of service, service tier, a la carte or menu-driven service, premium channel, informational service or other communications service, for the month in which the request was made, based upon the number of days of that month prior to the request. In other words, the subscriber shall not be required to pay for, nor shall be or she be billed for service, that was delivered more than 72 hours after the date of the request.
E. 
If, however, an MCS provider's equipment is, or has been damaged by a subscriber prior to such disconnection, then the MCS provider may charge the subscriber the entire actual cost of such damage, but no more than the actual replacement cost to the MCS provider, provided that the MCS provider notifies the subscriber of the damage at the time of the disconnection or downgrade. A subscriber shall not be required to pay for equipment failure if the circumstances fall within the normal wear and tear or acts of nature guidelines established in this chapter, or if the procedures in this subsection are not followed.
F. 
Once a one-time airing of a program or event starts, such as a pay-per-view event, which was affirmatively ordered by the subscriber, but only if it was affirmatively ordered, should the customer or subscriber then request a cancellation, the MCS provider may collect the full advertised or quoted rate.
G. 
Any refund due a subscriber after a voluntary disconnection and/or downgrade shall be made within 60 days after such disconnection or downgrade.
H. 
In no event will this section be viewed as abridging the rights and remedies afforded the subscriber by the complaint/inquiry resolution process outlined in this chapter.
A. 
Except for normal sales and sales retention efforts, no MCS provider shall engage in any activity or practice which is designed to prohibit or inhibit, or has the effect of inhibiting or prohibiting, a subscriber from
(1) 
Switching from one MCS provider to another MCS provider; or
(2) 
Disconnecting from one MCS provider in order to connect and receive multichannel service from another MCS provider; or
(3) 
Simultaneously receiving multichannel service from more than one MCS provider.
B. 
No MCS provider shall engage in any activity or practice which has the effect of acting as a penalty or disincentive for a subscriber
(1) 
Switching from one MCS provider to another MCS provider; or
(2) 
Disconnecting from one MCS provider in order to connect and receive multichannel service from another MCS provider; or
(3) 
Simultaneously receiving multichannel service from more than one MCS provider.
C. 
With respect to Subsection B of this section, the following practices are prohibited, unless the MCS provider can justify the need, cost and/or rationale to the City to the City's satisfaction:
(1) 
Consistent with the Cable Act and any PSC rules, disconnection and/or downgrade charges that are in excess of the actual, verifiable costs incurred by the affected MCS provider in connection with the disconnection and/or downgrade;
(2) 
The imposition of a disconnection and/or downgrade charge or premium that is unrelated to the actual, verifiable costs incurred by the affected MCS provider in connection with the disconnection and/or downgrade;
(3) 
The imposition on the subscriber by the affected MCS provider of a discriminatory or punitive return charge for the return of equipment beyond the actual replacement cost to that MCS provider; or
(4) 
The requirement that a subscriber enter into a service contract which imposes penalties or cost-prohibitive charges, if the contract is canceled in order to receive service from another MCS provider.
A. 
MCS providers shall be expected to comply with, and abide by, any and all applicable state-imposed rules and regulations, as well as any applicable rules and regulations of the PSC.
B. 
Though not exhaustive, MCS providers subject to this section shall comply with, and abide by, the following:
(1) 
Provision of the drop and basic or the lowest level of service at no cost to any school or educational institution within the MCS provider's' service area in the City, provided that service is available within a reasonable distance from the school or institution requesting service, such being defined as not requiring the placement any active electronic or amplification equipment to provide adequate signal strength to the point-of-entry to the school or educational institution;
(2) 
Submission of a schedule of all terms and conditions of service in the form and format prescribed by the City;
C. 
Annual submission of the required annual notice that informs subscribers of
(1) 
Procedures needed to file or make a complaint, and request rebates, credits, or refunds;
(2) 
Federally required subscriber privacy notification; and
(3) 
The address and phone number of the appropriate division or department of the PSC; and
(4) 
Keeping a log or record, for two years, of all complaints received regarding, but not limited to, the quality of service, rates, programming, equipment malfunctions, billing procedures and other matters of subscriber dissatisfaction, including treatment by subscribers.
An MCS provider shall abide by any and all subscriber privacy rules of regulations of the federal, or state government, including any applicable rule or regulation of the PSC.
A. 
The City is hereby granted the authority to do all things necessary and permissible to supervise, inspect, and regulate the construction, operation and maintenance of multichannel systems, franchised or otherwise, that are subject to this chapter in whole or in part, and to implement procedures for the filing and resolution of complaints, unless otherwise prohibited by federal or state law.
B. 
The responsibility for such supervision, inspection and regulation is retained by the City Council, which is empowered, among other things, to adjust, settle or compromise any controversy arising from the operations of any franchisee or other MCS provider, either on behalf of the City or any subscriber, in accordance with the best interests of the public and the City; provided, however, that any person aggrieved by a decision of the City may appeal the matter for hearing and a determination, in accordance with this chapter.
C. 
The City Council reserves the right, at all times, on behalf of the City or a subscriber, to accept, reject or change any decision of the City Council, and may adjust, settle or impose a compromise regarding any controversy arising from the operation of a franchisee or other MCS provider, or from any provision of this chapter.
D. 
If an advisory committee is established by the City, a franchisee or other MCS provider is encouraged to participate in advisory committee meetings relating to MCS provider operations.
E. 
An MCS provider is required to develop a comprehensive complaint/inquiry resolution policy which adheres to requirements of this chapter, and any rules or regulations promulgated hereunder, as well as any applicable rules of the PSC.
F. 
Said policy shall be submitted to the City for the City's approval of the contents at the time of the initial development or composition of the policy, and thereafter 30 days prior to any planned or proposed change in policy and required notification of such change to subscribers.
G. 
An MCS provider's complaint/inquiry resolution policy shall be reduced to writing, and such policy shall be available upon request, to any person. In any event, a subscriber shall receive notice of such policy, and any change in said policy, in the manner that is prescribed by this chapter and any PSC rules.
A. 
To the extent permitted by state law, including any applicable rule or regulation of the PSC, an MCS provider may not abandon, withdraw, or cease to provide multichannel service to any subscribers or service area within the City, other than as permitted under this chapter, without the prior written consent of the City Council.
B. 
Moreover, an MCS provider may not use the threat to abandon, withdraw, or cease to provide multichannel service to any subscribers or service area within the City to avoid compliance with this chapter or the terms and conditions of a franchise, other agreement, license or permit.
C. 
Failure to meet the requirements of this section will result in foreseeable damages in an amount set forth in § 309-71, Liquidated damages.
D. 
Further, and in addition to and not limited by the preceding subsection, violation of this section shall subject the MCS provider to termination and revocation of its franchise, in accordance with the provisions of this chapter.
A. 
The City Council does not intend to prohibit the erection or continued use of individual television antennas within the City, so long as the individual television antennas conform to any and all applicable zoning and/or land use regulations. Consequently, no person shall be required to receive multichannel service, or to physically connect to a multichannel system.
B. 
No person shall be penalized or fined (either through a home sales contract, a deed containing restrictive covenants, or any other type or instrument of agreement or restriction) for failing or refusing to subscriber to or receive multichannel service, or for failing or refusing to physically connect to a multichannel system.