In this division:
Cable operator.
Any person or group of persons:
(1) 
Who provides cable service over a cable system directly or through one or more affiliates that own a significant interest in the cable system; or
(2) 
Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
Normal business hours.
Those hours during which most similar businesses in the community are open to serve customers. “Normal business hours” must include some evening hours at least one night per week and some weekend hours.
Normal operating conditions.
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 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.
Service interruption.
The loss of picture or sound on one or more cable television channels.
Standard installation.
The installation of cable service at a location that is no more than one hundred twenty-five feet (125') from the existing distribution system.
(1987 Code, ch. 4, sec. 14A; 2004 Code, sec. 4.1046)
Pursuant to the Cable Television Consumer Protection and Competition Act of 1992 and its implementing regulations, the city has given written notice to cable operators, by certified mail, return receipt requested, that the city intends to enforce customer service standards. Ninety days following the cable operator’s receipt of this notice, the cable operator is subject to the provisions of this division and its enforcement.
(1987 Code, ch. 4, sec. 14B; 2004 Code, sec. 4.1047)
(a) 
Access line.
A cable operator shall maintain a local, toll-free, or collect call telephone access line which is available to its subscribers twenty-four (24) hours a day, seven (7) days a week.
(1) 
Trained representatives of the cable operator shall be available to respond to customer telephone inquiries during normal business hours.
(2) 
After normal business hours, the access line may be answered by an answering service or an automated response system, including an answering machine.
(3) 
Inquiries received after normal business hours must be responded to by a trained representative of the cable operator on the next business day.
(b) 
Telephone response time.
Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds after the connection is made.
(1) 
If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds.
(2) 
Under normal operating conditions, a cable operator shall meet these answering and transfer standards no less than ninety percent (90%) of the time, measured quarterly.
(3) 
The cable operator shall maintain sufficient telephone capability so that, under normal operating conditions, callers receive a busy signal less than three percent (3%) of the time.
(4) 
A cable operator is not required to acquire equipment or perform surveys to measure compliance with these telephone answering standards unless the record of complaints indicates a clear failure to comply.
(c) 
Office availability.
Customer service and bill payment locations shall be open at least during normal business hours and must be conveniently located.
(1987 Code, ch. 4, sec. 14C; 2004 Code, sec. 4.1048)
Under normal operating conditions, a cable operator shall meet each of the following standards ninety-five percent (95%) of the time, measured quarterly:
(1) 
Installations.
The cable operator shall complete standard installations within seven (7) business days after an order has been placed.
(2) 
Service problems.
A cable operator shall:
(A) 
Except for conditions beyond the control of the cable operator, begin working on service interruptions promptly, but no later than twenty-four (24) hours after the interruption becomes known to the cable operator;
(B) 
Begin actions to correct other service problems the next business day after notification of the service problem.
(3) 
Appointments.
(A) 
When a cable operator makes an appointment with a customer for installation, service calls, or other installation activities, the appointment must be for a specific time or, at maximum, within a four-hour time block during normal business hours. (Appointments may be scheduled outside of normal business hours for the express convenience of the customer.)
(B) 
A cable operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.
(C) 
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 cable operator shall notify the customer and reschedule the appointment to a time that is convenient for the customer.
(1987 Code, ch. 4, sec. 14D; 2004 Code, sec. 4.1049)
(a) 
Notifications to subscribers.
(1) 
A 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 city’s cable office.
(2) 
A cable operator shall notify subscribers of a change in rates, programming services, or channel positions as soon as possible through announcements on the cable system and in writing.
(A) 
Notice of these changes shall be given to subscribers not less than thirty (30) days before the changes take effect unless the change is not within the control of the cable operator. In this case the cable operator shall give the notice as soon as the information is received.
(B) 
A cable operator shall notify subscribers thirty (30) days before any significant change is made in the information required in subsection (a)(1).
(b) 
Billing.
(1) 
A cable operator shall prepare subscriber bills:
(A) 
So that they are clear, concise, and understandable; and
(B) 
With charges fully itemized, including, but not limited to, basic and premium service charges and equipment charges.
(2) 
In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within thirty (30) days.
(c) 
Refunds.
A cable operator shall issue refund checks promptly, but no later than either:
(1) 
The subscriber’s next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or
(2) 
The return of the equipment supplied by the cable operator if service is terminated.
(d) 
Credits.
A cable operator shall issue credits for service no later than the subscriber’s next billing cycle following the determination that a credit is warranted.
(1987 Code, ch. 4, sec. 14E; 2004 Code, sec. 4.1050)
(a) 
Notice of violation; failure to respond; civil penalty.
If a cable operator violates this division, the city manager or his/her designee shall send written notice by certified mail, return receipt requested, to the cable operator, specifying the facts supporting the city’s claim of violation. If the cable operator fails to respond to the notice in writing within fifteen (15) days of receiving the notice, the city council may, upon proper posting on the city council’s agenda, impose a civil penalty against the cable operator of one hundred dollars ($100.00) per day for each day after the 15th day that the cable operator fails to provide its written response to the city’s notice.
(b) 
Response.
If, in its response, the cable operator acknowledges the violation alleged by the city, the cable operator shall have thirty (30) days from the receipt of notice to correct the violation. If, in its response, the cable operator disputes the city’s allegation of violation, the city council shall set a time for a public hearing on the matter and send the cable operator written notice of the hearing, by certified mail, return receipt requested.
(c) 
Public hearing; decision; appeals.
The hearing must occur at least ten (10) days after receipt of the notice by the cable operator. At the public hearing, the city and the cable operator may present relevant evidence concerning the alleged violation. If the city council determines that a violation has occurred, the city council shall issue an order prescribing how the violation is to be corrected and imposing civil penalties, if warranted. The cable operator has thirty (30) days from receipt of the order to comply or begin compliance with the order or appeal the order to the Federal Communications Commission.
(d) 
City council order.
The city council may, by its order, impose civil penalties up to five hundred dollars ($500.00) per day, require refunds to subscribers if determined appropriate, require the cable operator to install monitoring equipment or conduct surveys to measure compliance with telephone response and service standards, and order specific actions by the cable operator to correct violations of this division.
(1987 Code, ch. 4, sec. 14F; 2004 Code, sec. 4.1051; Ordinance adopting 2021 Code)