[HISTORY: Adopted by the Borough Council of the Borough of
Springdale 1-18-1994 by Ord. No.
1165. Amendments noted where applicable.]
A.
Short title. This chapter shall be known and may be cited as the
"Springdale Borough Cable Television Ordinance of 1994."
B.
Amendment and repealer. Borough of Springdale Ordinance No. 1069,
enacted in 1984, is hereby amended to the extent of conflict with
the provisions of this chapter. All provisions of Ordinance No. 1069
which do not conflict with this chapter shall remain in effect. All
other ordinances of the Borough of Springdale are repealed to the
extent of conflict with this chapter. All franchise agreements between
the municipality and cable operators are abrogated to the extent,
and only to the extent, inconsistent herewith, except to the extent
abrogation is not required by the federal Cable Television Consumer
Protection and Competition Act of 1992[1] or the regulations promulgated thereunder.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
C.
Purpose. The purpose of this chapter is to regulate cable television
in the exercise of the power of the governing body to regulate telephone,
telegraph and electric power poles, and other obstructions erected
upon or in the streets and roads of the municipality, and provide
for the maintenance of peace, good government, safety and welfare
of the municipality, and its trade, commerce and manufactures.
D.
Federal law. This chapter is enacted under the federal Cable Television
Consumer Protection and Competition Act of 1992, which permits local
franchising authorities to regulate cable television, subject to certain
substantive and procedural limitations.
E.
Interpretation. In interpreting and applying the provisions of this
chapter, these provisions shall be construed broadly as required for
the maintenance of peace, good government, safety and welfare of the
municipality, and its trade, commerce and manufactures.
F.
Severability. It is the intent of the governing body of the municipality
that, if a court of competent jurisdiction declares any provisions
of this chapter to be invalid or ineffective, in whole or in part,
the effect of such decision shall be limited to those provisions which
are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
G.
Conflict with federal law. It is the intent of the governing body
that this chapter conform to the federal law. If a court of competent
jurisdiction declares any provisions of this chapter to be in conflict
with the federal law, the federal law will control and this chapter,
to the extent that any provision is declared to be in conflict with
the federal law, shall not apply.
H.
Effective date. This chapter shall become effective on the date it
is enacted.
As used in this chapter, the following terms shall have the
following meanings:
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other tiers of regulated programming
service and/or unregulated service. Equipment shall include, but not
be limited to, converter boxes, remote control units, connections
for additional television receivers, and other cable home wiring.
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational, and governmental programming required
by the franchise to be carried on the basic tier, and any additional
video programming signals or service added to the basic tier by the
cable operator.
The rate charged by a cable operator for basic service and
associated equipment costs.
Any person or group of persons:
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 does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way;
A facility of a common carrier except to the extent that such
facility is used in the transmission of video programming directly
to subscribers; or
Any facilities of any electric utility used solely for operating
its electric utility systems.
The Federal Communications Commission.
The federal Cable Communications Policy Act of 1984, as amended
by the Cable Television Consumer Protection and Competition Act of
1992 and all regulations promulgated by the FCC thereunder, as any
of the foregoing may be amended from time to time.[1]
The Council of the Borough of Springdale.
The Borough of Springdale.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
A.
Appointment and powers of compliance officer.
(1)
For the administration of this chapter, a compliance officer, who
shall not hold any elective office in the municipality, shall be appointed
by the governing body.
(2)
The compliance officer shall meet the qualifications established
by the governing body and shall be able to demonstrate, to the satisfaction
of the governing body, a working knowledge of cable regulation under
the federal law and this chapter.
(3)
The compliance officer shall administer this chapter in accordance
with its literal terms.
B.
Duties of compliance officer. The compliance officer shall be responsible
for:
(1)
Taking such action on behalf of the municipality as may from time
to time be required to obtain or maintain the municipality's
certification to regulate basic service rates.
(2)
Notifying all cable operators serving the municipality when the municipality
has been certified by the FCC to regulate basic service rates.
(3)
Notifying all cable operators serving the municipality that the municipality
intends to enforce the minimum customer service standards established
by the federal law.
(4)
Making all filings required or permitted to be made to the FCC by
the municipality pursuant to the federal law, subject to oversight
and control of the governing body.
(5)
Receiving, filing in the public records of the municipality, reviewing
for completeness, and placing on the governing body's agenda
for consideration all submissions, petitions, and other filings required
or permitted to be made to the municipality pursuant to the federal
law. All submissions, petitions, and other filings made to the municipality
pursuant to the federal law shall be made via first-class mail, postage
prepaid, to the following address: Attention: Cable Television Compliance
Officer, Borough of Springdale, 325 School Street, Springdale, Pennsylvania
15144.
(6)
Receiving and transmitting to the proper officer of the municipality
any filing fees paid pursuant to this chapter. The filing fees shall
be as follows: $500, plus the municipality's public notice costs
for the initial filing of a schedule of rates by a cable operator,
and $250, plus the municipality's public notice costs for any
rate-increase filing. These fees may be changed by resolution of the
governing body.
(7)
Enforcing the provisions of this chapter and all decisions of the
governing body made hereunder to the fullest extent permitted by the
federal law, subject to the oversight and control of the governing
body.
(8)
Taking such other actions as may be necessary from time to time,
subject to the oversight and control of the governing body, to protect
the right of the municipality to regulate cable television to the
fullest extent permitted by the federal law.
A.
Regulation of basic service rates. The governing body shall regulate
basic service rates in accordance with the substantive and procedural
provisions of the federal law and any applicable state law or regulations
or local ordinances.
(1)
Duties of cable operators.
(a)
Within 30 days of receiving written notification from the municipality that the municipality has been certified by the FCC to regulate rates for the basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the municipality, together with the fee specified by § 212-3B(6).
(b)
At least 30 days prior to increasing its rates for the basic service, a cable operator shall notify each subscriber of the proposed rate increase and shall file a notice of its proposed rate increase with the municipality, together with the fee specified by § 212-3B(6).
(c)
Within 20 days of filing a schedule of rates or a proposed rate
increase with the municipality, a cable operator shall publish a summary
of the rates or rate increase in a newspaper of general circulation
for at least three consecutive days, and cablecast a summary of the
rates or rate increase on its public information channel, at least
twice daily at such times as are reasonably expected to reach the
largest audience, over a three-day period, in each case notifying
interested parties that they must submit written comments by a date
certain within 30 days of the cable operator's filing with the
municipality, at the appropriate address.
(d)
A cable operator shall comply with all orders of the municipality
except that a cable operator shall not be required to comply with
an order if the cable operator demonstrates that complying with the
order would require the cable operator to disclose proprietary information.
(2)
Duties of the municipality.
(a)
Within 20 days of receiving a cable operator's schedule
of rates or a proposed rate increase, the municipality shall publish,
at least once in a newspaper of general circulation, a notice that
interested parties shall submit written comments to the municipality
by a date certain within 30 days of the cable operator's filing
with the municipality, at the appropriate address.
(b)
The municipality shall make any decision on the reasonableness
of current basic service rates or proposed rate increases pursuant
to the procedural and substantive provisions of the federal law.
(c)
Prior to making any decision on the reasonableness of current basic rates or proposed rate increases, the municipality shall receive comments on the matter from all interested citizens. This process shall include both the receipt of written comments as described in § 212-4A(2)(a) as well as the receipt of oral comments at a public meeting of the governing body. Oral comments may be received at the public meeting at which the rate decision is made, so long as the comments precede the final vote on the decision.
(3)
Enforcement. In rendering its decisions, the governing body shall
have the full authority granted to it pursuant to the federal law
to order a cable operator to take any and all actions as the federal
law permits, including, without limitation:
(a)
Ordering a cable operator to implement a reduction in basic
service tier or associated equipment rates where necessary to bring
rates into compliance with the standards set forth in the federal
law.
(b)
Prescribing a reasonable rate for the basic service tier or
associated equipment after it determines that a proposed rate is unreasonable.
(c)
Ordering a cable operator to refund to subscribers that portion
of previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justifies the rate charged
as reasonable. Before ordering such a refund, however, the municipality
shall give the operator notice and shall give the operator 15 days
from the date such notice is given to submit written comments to the
municipality. Any such refund order shall be further subject to the
limitations contained in the federal law.
(4)
Penalties. In the event that a cable operator does not comply with
a decision made pursuant to this chapter and directed specifically
toward the cable operator, the cable operator shall be guilty of a
summary offense punishable by a fine in an amount not to exceed $600.
Every day that the violation continues shall be considered a separate
offense.
A.
Federal minimum customer service standards adopted. It is the intent
of the municipality to enforce the following minimum customer service
standards as established by the federal law:
(1)
Cable system office hours and telephone availability.
(a)
The cable operator will maintain a local, toll-free or collect
call telephone access line which will be available to its subscribers
24 hours a day, seven days a week.
[1]
Trained company representatives will be available to respond
to customer telephone inquiries during normal business hours.
[2]
After normal business hours, the access line may be answered
by a service or an automated response system, including an answering
machine. Inquiries received after normal business hours must be responded
to by a trained company representative on the next business day.
(b)
Under normal operating conditions, telephone answer time by
a customer representative, including wait time, shall not exceed 30
seconds when the connection is made. If the call needs to be transferred,
transfer time shall not exceed 30 seconds. These standards shall be
met no less that 90% of the time under normal operating conditions,
measured on a quarterly basis.
(c)
The operator will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards
above unless an historical record of complaints indicates a clear
failure to comply.
(d)
Under normal operating conditions, the customer will receive
a busy signal less than 3% of the time.
(e)
Customer service center and bill payment locations will be open
at least during normal business hours and will be conveniently located.
(2)
Installations, outages and service calls. Under normal operating
conditions, each of the following four standards will be met no less
than 95% of the time measured on a quarterly basis:
(a)
Standard installations will be performed within seven business
days after an order has been placed. "Standard" installations are
those that are located up to 125 feet from the existing distribution
system.
(b)
Excluding conditions beyond the control of the operator, the
cable operator will begin working on service interruptions promptly
and in no event later than 24 hours after the interruption becomes
known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem.
(c)
The appointment window alternatives for installations, service
calls, and other installation activities will be either a specific
time or, at maximum, a four-hour time block during normal business
hours. (The operator may schedule service calls and other installation
activities outside of normal business hours for the express convenience
of the customer.)
(d)
An operator may not cancel an appointment with a customer after
the close of business on the business day prior to the scheduled appointment.
(e)
If a cable operator representative is running late for an appointment
with a customer and will not be able to keep the appointment as scheduled,
the customer will be contacted. The appointment will be rescheduled,
as necessary, at a time which is convenient for the customer.
(3)
Communications between cable operators and cable subscribers.
(a)
Notifications to subscribers.
[1]
The cable operator shall provide written information on each
of the following areas at the time of installation of service, at
least annually to all subscribers, and at any time upon request:
[a]
Products and services offered;
[b]
Prices and options for programming services and
conditions of subscription to programming and other services;
[c]
Installation and service maintenance policies;
[d]
Instructions on how to use the cable service;
[e]
Channel positions of programming carried on the
system; and
[f]
Billing and complaint procedures, including the
address and telephone number of the local franchise authority's
cable office.
[2]
Billing.
[a]
Bills will be clear, concise and understandable.
Bills must be fully itemized, with itemizations including, but not
limited to, basic and premium service charges and equipment charges.
Bills will also clearly delineate all activity during the billing
period, including optional charges, rebates and credits.
[b]
In case of a billing dispute, the cable operator
must respond to a written complaint from a subscriber within 30 days.
[4]
Credits. Credits for service will be issued no later that the
customer's next billing cycle following the determination that
a credit is warranted.
(4)
NORMAL BUSINESS HOURS
NORMAL OPERATING CONDITIONS
SERVICE INTERRUPTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operator include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily
within the control of the cable operator 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.
The loss of picture or sound on one or more cable channels.
B.
Enforcement. In furtherance thereof, the compliance officer, 90 days
after giving notice to the cable operators of the municipality's
intent to enforce these standards, shall have the authority and responsibility
to enforce these standards to the fullest extent permitted by the federal
law and in accordance with all substantive and procedural requirements
of the federal law. In furtherance thereof, the compliance officer
may make any and all such orders and assess any and all such penalties
for violations of these standards as are permitted by the federal
law, subject to the oversight and control of the governing body, including,
without limitation,
C.
Other customer service standards not affected. All other customer
service standards, whether established by franchise agreement, state
law or regulation or local ordinance, and whether now or hereafter
enacted, shall remain in full force and effect to the extent that
such other customer service standards are not preempted by the federal
law.
