DIVISION 1
Office and Telephone Service
The Kalamazoo Customer Service Center and bill payment locations will be open for transactions during the following hours:
A. 
Monday through Friday (holidays excepted) from 8:30 a.m. through 6:00 p.m.; and
B. 
Saturdays from 9:00 a.m. until 12:00 noon (holidays excepted).
Knowledgeable, qualified company service representatives will be available to respond to customer telephone inquiries during the following times:
A. 
Monday through Friday (holidays excepted) from 8:30 a.m. to 6:00 p.m.; and
B. 
Saturdays from 9:00 a.m. to 12:00 noon (holidays excepted).
Under normal conditions, the subscriber will receive a busy signal less than 3% of the total time that the Kalamazoo cable office is normally open for business.
A. 
Generally.
(1) 
Under normal operating conditions, telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed one minute from the effective date of this chapter through March 1, 1991, and 45 seconds after March 1, 1991.
(2) 
Those systems which utilize automated answering and distributing equipment will limit the number of routine rings to four or fewer. Systems not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems.
(3) 
This standard shall be met no less than 90% of the time measured on an annual basis.
B. 
Service as of the effective date of this chapter. Under normal operating conditions, from the effective date of this chapter through March 1, 1991, all times during regular business hours, the cable operator shall connect a telephone caller to a live qualified customer service representative of the cable operator within one minute.
(1) 
Said representative shall be capable of responding to the cable related inquiries and requests of a consumer, including but not limited to, scheduling appointments, adjusting accounts for credits, payments or debit inquiries, and dispatching technicians to a subscriber's residence or area for a service call.
(2) 
The cable operator shall not be considered to be in compliance with the one minute response time if the cumulative effect of the response time and any time "on hold" exceeds one minute. As an example, if the delay from the time the telephone rings until the time the cable operator answers the telephone exceeds 20 seconds, and the "hold time" is 40 seconds, this would exceed one minute and would be a violation.
(3) 
The one minute response time standard shall be met no less than 90% of the time measured on an annual basis.
C. 
Service after March 1, 1991. Under normal operating conditions, commencing on March 1, 1991, and at all times during regular business hours thereafter, the cable operator shall connect a telephone caller to a live qualified customer service representative within 45 seconds.
(1) 
Said representative shall be capable of responding to the cable related inquiries and requests of a consumer, including but not limited to, scheduling appointments, adjusting accounts for credits, payments or debit inquiries, and dispatching technicians to a subscriber's residence or area for a service call.
(2) 
The cable operator shall not be considered to be in compliance with the 45 second response time if the cumulative effect of the response time and any time "on hold" exceeds 45 seconds. As an example, if the delay from the time the telephone rings until the time the cable operator answers the telephone exceeds 20 seconds and "hold time" is 25 seconds, this would exceed 45 seconds.
(3) 
The forty-five-second response time standard shall be met no less than 90% of the time measured on an annual basis.
A. 
Response to subscriber complaints shall be initiated within one business day of receipt; and
B. 
The resolution of subscriber complaints shall be effected by the operator not later than three business days after receipt of the complaint;
C. 
Should a supervisor not be available when requested by a subscriber, a supervisor employed by the operator shall return the subscriber's telephone call at the earliest possible time and in no event later than the end of the next business day.
DIVISION 2
Installations, Outages, and Service Calls
Under normal operating conditions, each of the following standards will be met no less than 95% of the time measured on an annual basis.
A. 
"Standard" installations are those located less than 125 feet from the existing distribution system, including feeder cable.
B. 
Standard installations will be performed within seven calendar days after an order has been placed.
A. 
The cable operator will respond to service interruptions promptly and in no event later than 24 hours.
B. 
Other service problems will be responded to within 36 hours during the normal work week.
C. 
Outages, less than system-wide. Upon failure of the cable operator to remedy a loss of service attributable to the cable system within 24 hours of receipt of notification of such loss, the cable operator shall rebate 1/30 of the regular monthly charge to each subscriber so affected, for each 24 hours or fraction thereof, following the first 24 hours after receipt of notification, until service is restored, unless such restoration is prevented by strike, injunction or other cause beyond control of the cable operator. Such rebate shall be made by the cable operator only following reasonable written notification and substantiation to the cable operator by the subscriber, identifying the loss of service by channel description and date and time.
D. 
Outages, systemwide.
(1) 
The cable operator shall provide an automatic credit to all subscribers when there is an outage of all basic services for a period of 24 consecutive hours or more which affects the entire service area, regardless of the cause of the outage. The credit shall equal, at a minimum, the value of receiving one day's basic service for each twenty-four-consecutive-hour period. "One day" shall be considered to be 1/30 of the regular monthly charge for each subscriber so affected.
(2) 
The cable operator shall provide an automatic credit to all subscribers of an affected premium channel when there is an outage of such premium service for a period of 24 consecutive hours or more which affects the entire service area, regardless of the cause of the outage. The credit shall equal, at a minimum, the subscriber's cost of receiving one day's cable service for each affected premium channel that for each twenty-four-consecutive-hour period. "One day" shall be considered to be 1/30 of the regular monthly value of the premium channel.
A. 
Appointment windows. Whenever a consumer requests an appointment for installation, repair, maintenance, or other service, and the parties have agreed that the presence of the consumer or his designee is required, the cable operator shall offer and specify a four-hour time period within which the installation, repair or maintenance appointment must be commenced.
B. 
Consumer's choice of appointment windows. The cable operator shall offer the subscribing consumer a choice of specific times for a scheduled appointment. The consumer's choice of "appointment windows" shall include, at a minimum:
(1) 
Saturday mornings (8:00 a.m. until 12:00 noon);
(2) 
Mornings (8:00 a.m. until 12:00 noon) during a specific "normal business day" (Monday through Friday inclusive, except holidays);
(3) 
Afternoons during a specific "normal business day", subject to:
(a) 
A four-hour appointment window chosen by the subscriber; and
(b) 
That four-hour long appointment window will not extend past 6:00 p.m.; and
(4) 
An elongated "appointment window" which may be selected by the subscriber for "all day" on a specific date which is also a "normal business day."
C. 
Cable operator's compliance with appointment window. The cable operator is required to adhere to the four-hour period for commencing installation, repair or maintenance appointments with the subscriber unless there are delays caused by unforeseen or unavoidable occurrences beyond the control of the cable operator.
D. 
Operator's failure to comply-consumer's options. In the event that the cable operator fails to meet the four-hour period for subscriber installation, disconnection, or maintenance appointments, subject to Subsection F below, the affected consumer will be entitled to receive credit(s):
(1) 
The above-referenced credit shall equal the value, at the subscriber's election, of either:
(a) 
One month's basic service for the failure by the cable operator to meet the scheduled four-hour period for commencing the installation, disconnection, repair, maintenance or other service appointment at the subscriber's home, business office or other service location, regardless of whether the appointment is subsequently rescheduled and attended; or
(b) 
The installation charge, service charge, etc., that the consumer would otherwise incur for performance of the scheduled service; and
(2) 
The subscriber will be given a credit of an additional one month's basic service for any rescheduled appointment wherein the cable operator's service and/or installation-disconnection staff fails to appear within the four-hour appointment window.
E. 
Subscriber's failure to be present. A credit shall not have to be provided in the event that the subscriber was not present at the time of the scheduled and confirmed installation, service, repair, maintenance, "other installation" or other service appointment.
F. 
Diligent notice. A credit shall not have to be provided if the cable operator makes a diligent attempt to notify the subscriber of a delay caused by unforeseen or unavoidable occurrences beyond the control of the cable operator or its service/installation employees, or the cable operator or its agents were unable to notify the subscriber because of the subscriber's absence or unavailability during the scheduled appointment and, in either instance, the cable operator commenced service or repairs within a newly agreed upon two-hour period.
G. 
Subscriber's opportunity to elect remedies. Prior to awarding a subscriber the credit specified in Subsection D above, the cable operator must give each subscriber the opportunity to elect the remedies provided in Subsection D or to accept the credit specified in Subsection D herein. This election of remedies must be an affirmative decision on the part of the subscriber, and the cable operator must inform the subscriber of the monetary value of making either decision.
H. 
Cable operator's duty to inform subscribers. The cable operator shall inform subscribers of their right to service connection, its repair or other service, within a four-hour period and their remedies for missed appointments by offering the four-hour period and the information pertaining to remedies at the time the subscriber calls for service or repair, or by notifying their subscriber by mail three times a year of the service and their remedies. Such mailed notice may be performed by inserting the appropriate information in the subscribers' monthly bills.
DIVISION 3
Communications, Bills and Refunds
The cable operator will provide written information to subscribers in each of the following areas at the time of installation, at any future time upon request, and at least once per year thereafter:
A. 
Products and services offered;
B. 
Prices and service options;
C. 
Installation and service policies (including details of § 41-24);
D. 
Availability of parental lockout devices;
E. 
Refund policies;
F. 
Description of complaint procedures;
G. 
Subscriber privacy rights notice;
H. 
How to use the cable service, including how subscriber and subscribers can connect their videocassette recorders so as to more fully utilize the cable services subscribed to; and
I. 
Information concerning the responsibility of the City of Kalamazoo, including the mailing address and phone number of the City's designee for cable matters.
(1) 
The text of the printed notice shall be as follows unless otherwise authorized by the commission:
PLEASE READ THIS
The City of Kalamazoo through the Office of the City Cable Administrator, is responsible for monitoring the customer service, system performance, and franchise compliance of your cable company. Toward this end, the City and your cable company work continuously to monitor and improve cable TV customer service in your community.
However, at times you may encounter problems with your cable service that you have been unable to resolve with your cable company. The City Cable Administrator is available to help you with unresolved problems. If this is the case, please call the City Cable Administrator's office at
weekdays (an answering machine takes messages after business hours), or write to the City Cable Administrator, 241 West South Street, Kalamazoo, Michigan 49007.
However, please contact your cable company FIRST, before calling the City Cable Administrator office about your problem.
PLEASE SAVE FOR FUTURE REFERENCE
(2) 
Such notice, in large boldface type, shall also be posted in a conspicuous place in all of the cable operator's offices within the City of Kalamazoo where customer service transactions are conducted.
A. 
Bills.
(1) 
Subscriber's bills from the cable operator will be clear, concise and understandable.
(2) 
The cable operator shall annually consult with the City's designee for cable matters regarding accuracy, conciseness and sufficiency of information contained within the standard subscriber billing notice.
(3) 
The City shall also review the standard subscriber billing notice for clarity and fairness of representation of information to subscribers which shall also be the subject of the annual consultations noted in Subsection A(2) above.
(4) 
The cable operator shall identify any service bureau or other third party which prepares billing notices.
B. 
Billing disputes. If a subscriber has notified the operator in writing that a bill is in dispute:
(1) 
Operator shall not terminate service pending resolution of the dispute;
(2) 
Nor shall the account be turned over or reported to a collection agency, provided that the remaining balance of the bill is current; and
(3) 
A bill shall not considered to be in dispute solely by reason of nonpayment by subscriber.
A. 
Refund checks will be issued promptly, but no later than the earlier of 45 days, or the subscriber's next billing cycle following the resolution of the request; and
B. 
If service is terminated, a refund check will be sent no later than 45 days after the subscriber returns all of the equipment supplied by the cable operator.
Subscribers will be notified a minimum of 30 days in advance of any rate or channel change, provided the change is within the control of the cable operator.