This article sets forth customer service standards that a franchisee
must satisfy. In addition, the franchisee shall at all times satisfy
any additional or stricter requirements established by FCC regulations,
or other applicable federal, state or local law or regulation, as
the same may be amended from time to time.
A. Nothing in this chapter may be construed to prevent or prohibit:
(1) The Town and a franchisee from agreeing to customer service requirements
that exceed the standards set forth in this chapter;
(2) The Town from enforcing, through the end of a franchise term, preexisting
customer service requirements that exceed the standards set forth
in this chapter and are contained in current franchise agreements;
(3) The Town from enacting or enforcing any customer service or consumer
protection laws or regulations; or
(4) The Town from waiving, for good cause, requirements established in
this article.
B. Nothing in this chapter in any way relieves a franchisee of its obligation
to comply with other applicable consumer protection laws and its franchise
agreement.
Under normal operating conditions, each of the following standards
shall be met by all franchisees at least 95% of the time, as measured
on a quarterly basis:
A. Prompt service. Excluding conditions beyond the control of the franchisee,
repairs and maintenance for service interruptions must begin promptly
and in no event later than 24 hours after the subscriber reports the
problem to the franchisee or its representative or the interruption
or need for repairs otherwise becomes known to the franchisee. All
such work must be completed within three days from the date of the
initial request, except installation requests, provided that a franchisee
shall complete the work in the shortest time possible where, for reasons
beyond the franchisee's control, the work could not be completed
in those time periods even with the exercise of all due diligence;
the failure of a franchisee to hire sufficient staff or to properly
train its staff shall not justify a franchisee's failure to comply
with this provision.
B. Service times. Each franchisee shall perform service calls, installations
and disconnects at least during normal business hours. In addition,
maintenance service capability enabling the prompt location and correction
of major system malfunctions shall be available Monday through Friday
from the end of normal business hours until 12:30 a.m., and from 8:00
a.m. until 12:30 a.m. on Saturdays, Sundays and holidays.
C. Appointments. The appointment window for installations, service calls
and other installation activities will be either a specific time or,
at maximum, a two-hour time block during normal business hours, or
such greater time as the Town may authorize. Where a subscriber cannot
conveniently arrange for a service call or installation during normal
business hours, a franchisee shall also schedule service and installation
calls outside normal business hours for the express convenience of
the subscriber.
D. Cancellations. A franchisee may not cancel an appointment with a
subscriber after the close of business on the business day preceding
the appointment. If a franchisee's representative 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,
and the appointment rescheduled, as necessary, at a time which is
convenient for the subscriber.
E. Emergency maintenance. A franchisee shall keep an emergency system
maintenance and repair staff, capable of responding to and repairing
system malfunctions or interruptions, on a twenty-four-hour basis.
F. Other inquiries. Under normal operating conditions, billing inquiries
and requests for service, repair and maintenance not involving service
interruptions must be acknowledged by a trained customer service representative
within 24 hours, or prior to the end of the next business day, whichever
is earlier. A franchisee shall respond to all other inquiries within
five business days of the inquiry or complaint.
G. If a subscriber experiences a missed appointment due to the fault
of a franchisee, the franchisee shall credit the subscriber's
account $20 for each missed appointment, or grant the subscriber such
other equivalent remedy as the subscriber and franchisee may agree.
This is in addition to any other penalties or liquidated damages.
H. Upon subscriber request, each franchisee shall arrange for pickup
and/or replacement of converters or other franchisee equipment at
the subscriber's address or by a satisfactory equivalent (such
as the provision of a postage-prepaid mailer). At a subscriber's
request, a franchisee shall make such pickup or replacement at the
same time as any disconnection or other related service call, so as
to avoid an additional visit. If a franchisee charges a fee for such
pickup or replacement, such fee shall be clearly disclosed at the
time of the subscriber's request.
A franchisee shall make available to any subscribers upon request
the option of blocking the video or audio portion of any channel or
channels of programming entering the subscriber's home. The control
option described herein shall be made available to all subscribers
requesting it when any cable service is provided, or reasonably soon
thereafter.