[Adopted 3-25-1997 by Ord. No. 97-04 (Ch. 13, Part 7, of
the 1992 Code)]
Pursuant to the power and authority granted to the franchising
authority under the Cable Act of 1992 and pursuant to its general
powers and authority as a township of the Commonwealth of Pennsylvania
to act for the general welfare of its citizenry, the franchising authority
hereby exercises regulatory power over the payments and late charges
which may be imposed by a cable operator on subscribers or applicants
for services and/or equipment provided or to be provided by the cable
operator.
As used in this article, the following terms shall have the
meanings indicated:
Any person or entity wishing to subscribe for cable services
from the cable operator within the geographic boundaries of the franchising
authority.
The Cable Television Consumer Protection and Competition
Act of 1992.
Each cable television operator who is or becomes a party
to a franchise agreement with the franchising authority.
The date when a bill submitted by a cable operator to a subscriber
for services or equipment provided shall be due for payment.
The Federal Communications Commission.
The agreement between a cable operator and the franchising
authority pursuant to which a cable operator is granted a franchise
to offer cable television services to subscribers.
Township of Middletown.
Any and all charges and/or penalties assessed or levied by
the cable operator against a subscriber for the nonpayment, late payment
or insufficient payment of a bill from the cable operator.
A customer of the cable operator receiving cable television
service within the geographic boundaries of the franchising authority.
The due date for any amounts due a cable operator for services
and/or equipment shall not be less than 20 calendar days from the
date a bill was sent by the cable operator to the subscriber.
A.
Extension of the due date to next business day. If the due date falls
on a Sunday, bank holiday or other day when the offices of the cable
operator are not open to the general public and/or when first class
mail service is not delivered by the United States Postal Service,
the due date shall be extended to the next business day or next day
of first class mail delivery, whichever is first.
B.
Date of payment by mail. For a remittance by mail, in person or at
an authorized bill payment location, payment shall be deemed to have
been made on the date when entered into the cable operator's
billing system.
C.
Cable operator's customer service center and bill payment locations
will be open at least during normal business hours and will be conveniently
located within the cable operator's local franchise area.
In the absence of written instructions, a bill payment received
by the cable operator which is insufficient to pay a balance due both
for prior service and for service billed during the current billing
period shall first be applied to the balance due for prior service.
A.
Cable operator shall notify each of its subscribers, at the time
of installation and annually thereafter through written service information,
of its billing practices. The service information shall describe the
cable operator's billing practices, including, but not limited
to, the following: frequency of billing, time periods upon which billing
is based, charges for late payments or returned checks, payments required
necessary to avoid liability for such services, and procedures to
be followed in the event of a billing dispute.
B.
Cable operator shall have a written description of billing and collection
policies and procedures which shall, at a minimum, incorporate the
provisions of this section. All bills shall be rendered monthly, unless
service was provided for less than one month. The cable operator shall
promptly refund any subscriber who has voluntarily interrupted cable
service and returned equipment, but no later than the earlier of 45
days or the customer's next billing cycle, with a refund check
or credit on his or her monthly bill for the period(s) during which
service was voluntarily interrupted and equipment returned. Cable
operator may charge any such subscriber a reconnection charge.
C.
The subscriber bill shall contain the following information presented
in plain language and format:
(1)
Name and address of cable operator.
(2)
The period of time over which each chargeable service is billed,
including prorated periods as a result of the establishment and termination
of service.
(3)
A fully itemized list of rates and charges levied for programming
services, equipment provided, and other services or items offered,
and a report of all activity during the billing period, including
optional charges, rebates and credits.
(4)
The amount of the bill for the current billing period, separate
from any balance.
(5)
Cable operator's telephone number, and a statement that
the subscriber may call this number with any questions or complaints
about the bill.
(6)
The date on which payment is due from the subscriber.
D.
The cable operator shall provide all subscribers and the Township
written notice no less than 30 days prior to any proposed change in
these policies. No change of any rate or change subject to regulation
by the Township shall be effective upon the Township's written
disapproval within the thirty-day period.
A.
A bill shall not be considered delinquent until at least 45 calendar
days have elapsed from the mailing of the bill to the subscriber and
payment has not been received by the cable operator, provided that
no bill shall be mailed more than 15 calendar days prior to the date
services covered by such bill commence, except in cases where a subscriber
requests advance billing.
B.
The cable operator shall not physically or electronically discontinue
service for nonpayment of bills rendered for service until the subscriber
is delinquent in payment for service and at least eight calendar days
have elapsed after mailing to the subscriber a separate written notice
of impending discontinuance (for which postage is paid by the cable
operator), addressed to such person at the premises where the subscriber
requests billing.
C.
Notice of service discontinuance must clearly state the amount in
arrears, reconnection charges, if applicable, and the date by which
such payments must be made, the location of service center(s) where
such payment may be made and the telephone number for information
as to where each payment center is located where such payment may
be made.
D.
Receipt of a subsequently dishonored negotiable instrument in response
to a notice of discontinuance shall not constitute payment, and the
cable operator shall not be required to issue an additional notice
prior to discontinuance.
A.
Cable operator shall have a written billing dispute resolution process
which, at a minimum, incorporates the provisions of this section.
The billing dispute resolution procedure shall be initiated once a
subscriber contacts either the cable operator's department which
handles billing questions or the Township's Board of Supervisors,
in writing, so long as such contact occurs within 30 days from the
date of receipt of the bill by the subscriber. If the subscriber contacts
the Board, the Board shall notify the cable operator, by mail, by
telephone or by electronic means that the dispute resolution procedures
have been initiated, and the cable operator shall then contact the
subscriber to discuss the dispute.
B.
The cable operator shall promptly undertake whatever review is necessary
to resolve the dispute and shall notify the subscriber and the Board
of Supervisors of the results of the review as soon as it is completed,
but in no case later than 20 business days after receipt from the
subscriber of the billing dispute, problem or complaint notification.
C.
The cable operator shall notify the subscriber and the Board of Supervisors
in writing of its proposed resolution of the billing dispute.
A refund of the advance payment shall be due a subscriber under
the following conditions:
A.
Termination or discontinuance of service. Any termination or discontinuance
of all or a portion of the service being received by the subscriber
and any return of all or part of any equipment being leased from the
cable operator by the subscriber shall be the basis for a return of
the advance payment attributed to such service and equipment.
B.
In the event of substandard delivery of video or audio programming
or other lawful communication service for any reason, other than force
majeure as defined at § 7.8 of the Cable Television Franchise
Agreement or due to a problem solely caused by a subscriber, or with
the prior consent of the Township, and such loss shall continue for
a period greater in duration than four hours during any one calendar
day, then grantee, upon request of the subscriber, shall reduce the
invoice of that subscriber for the month in which such substandard
delivery or loss shall have occurred on a pro rata time basis; in
the event it shall continue beyond 24 hours, then by the fraction
1/30 multiplied by the number of calendar days during which such substandard
delivery or loss shall have occurred.[1]
A.
No late charge shall be imposed unless payment is made more than
45 days after the due date, or unless the payment from the subscriber
is for less than the full amount of the bill from the cable operator,
in which case the late charge may only be assessed against the unpaid
portion of the bill.
B.
No late charge shall be imposed which shall exceed the rate of 1%
per month of the unpaid balance then due the cable operator.
C.
No late charge shall be imposed for the costs of rebilling the subscriber
as a result of nonpayment, late payment or less than full payment
of the amount then due the cable operator.
A.
The franchising authority may order a refund of any advance payment
and/or late charges if the cable operator failed to comply with the
provisions of this article. The refund period shall be retroactive
to the date when the first late charges and/or advance payment were
imposed.
B.
Before any refund order shall become effective, the franchising authority
shall send notice to the cable operator and provide said cable operator
a maximum of 30 days to comment on said order. Upon the expiration
of said thirty-day period, the franchising authority shall consider
any comments which may have been submitted and shall confirm, amend
or rescind said refund order.
A repeated and verifiable pattern of noncompliance with any
provision of this article, after cable operator receipt of due notice
and a reasonable opportunity to cure, may be termed a material violation
of this article.
A.
The Township may make a written demand on the cable operator that
it remedy alleged noncompliance violations in any of the following
ways:
