A. 
Title. This chapter shall be known and may be cited as the "Cable Television Consumer Protection Policy of the City of Kalamazoo."
B. 
Purpose. The general purpose of this chapter is to protect the public health, safety, comfort and the general welfare of the people of the City. These general objectives include, among others, the following specific purposes:
(1) 
To protect consumers of cable television services, (hereinafter referred to as "subscribers") from billing, appointment, scheduling, installation, maintenance, repair, program deletion, and other service problems avoidable by the due diligence of a cable system operator; and
(2) 
To protect consumers of cable television services ("subscribers") and their homes by providing parameters for the scheduling of service and installation appointments.
A. 
For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
APPOINTMENT WINDOW
A specifically scheduled block of time in which service and/or installation and/or disconnection is scheduled to occur, when a cable operator's staff is to arrive at the consumer's home, office, business or other location.
BASIC CABLE SERVICE
Any service tier which includes the retransmission of local television broadcast signals.
CABLE ADMINISTRATOR
The term for the City's authorized designee on cable television matters.
CABLE CONSUMER PROTECTION LAW
This chapter, any other ordinance of the City of Kalamazoo or statute of the State of Michigan pertaining or related to the conditions, billing and provision of cable television services to subscribers, which ordinance or statute serves to protect the interests of parties subscribing (or considering subscribing) to cable television services.
CABLE OPERATOR
Any person, or group of persons:
(1) 
Who provides cable service over a cable system or directly or through one or more affiliates owns a significant interest in such cable system; or
(2) 
Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE
(1) 
The one-way transmission to subscribers of:
(a) 
Video programming; or
(b) 
Other programming or electronic services; and
(2) 
Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CABLE SYSTEM
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, or other electronic services, and which is provided to multiple subscribers within a community, but such term does not include:
(1) 
A facility that serves only to retransmit the television signals of one or more television broadcast stations;
(2) 
A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public right-of-way;
(3) 
A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Federal Communications Act of 1934, except to the extent that such facility shall be considered a cable system [other than for purposes of Title 47 of the United States Code, § 541(c)];
(4) 
A facility, to the extent such facility is used in the transmission of video programming directly to subscribers; or
(5) 
Any facilities of any electric utility used solely for operating its electric utility systems.
CITY
The City of Kalamazoo, its elected and appointed officers, and/or their authorized designee(s) acting on behalf of the City in a fiduciary capacity.
CUSTOMER SERVICE
The direct business relation between a cable operator and a subscriber, including but not limited to programming, installation, disconnection, and reconnection.
CUSTOMER SERVICE REQUIREMENTS
Include, but are not limited to, requirements related to interruption of service; disconnection; rebates and credits to consumers; deadlines to respond to consumer requests or complaints; the location of a cable operator's consumer service offices; and the provision to customers (or potential consumers) of information on billing or services.
EDUCATIONAL ACCESS CHANNEL
Any channel on which certain schools, as defined herein, may cablecast educational programs on a first come, first served, nondiscriminatory basis.
GOVERNMENT ACCESS CHANNEL
Any channel on which the City may cablecast.
NORMAL BUSINESS DAY
Those days from Monday through Friday, inclusive, except for federal, state and local holidays.
OTHER PROGRAMMING SERVICE
Information that a cable operator makes available to all subscribers generally, other than what is already defined in this section.
PERSON
An individual, partnership, association, joint stock company, joint venture, trust, corporation, or other entity.
PUBLIC ACCESS CHANNEL
Any channel on which any resident of Kalamazoo County may cablecast, without charge, on a first come, first served, nondiscriminatory basis, onto a cable system operating within the City of Kalamazoo.
PUBLIC, EDUCATIONAL OR GOVERNMENT (or "PEG") ACCESS FACILITIES
(1) 
Channel capacity designated for public, educational, or governmental use; and
(2) 
Facilities and equipment for the use of such channel capacity.
SERVICE TIER or TIER
A group of cable services or other services provided by a cable operator and for which a separate rate is charged by the cable operator.
SERVICE WINDOW
The same as "appointment window" defined in this subsection.
SIGNAL
A television channel signal, or radio frequency or lightwave signal, capable of carrying intelligence.
SUBSCRIBER
A consumer of cable television services, who is a customer of a cable operator, and who subscribes to and is provided with cable television services.
VIDEO PROGRAMMING
Programming provided by, or generally considered comparable to programming provided by television broadcast stations, the multichannel/multipoint distribution service, direct broadcast satellites, optical fiber, and similar or equivalent multichannel distribution systems.
No person, individual, party, partnership, corporation, joint venture, consortium, trust, or other entity shall provide or contract to provide cable television services within the City of Kalamazoo except so as to comply with all applicable provisions of this chapter.