§ 93.19. CUSTOMER SERVICE REQUIREMENTS.
(a)
[Maintenance Standards.] A franchisee shall maintain all parts of its Cable System in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its subscribers and facilities.
(b)
Cable System Office. Unless this requirement is expressly waived or modified by a franchise agreement, a franchisee shall maintain a subscriber service center located within the City, which shall include a place where subscribers may pay their bills, pick up and return converters or other equipment and initiate installations or other action with respect to cable service. This service office shall be open during normal business hours, as defined below, which as of the effective date of this Chapter, are from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday.
(c)
Telephone Availability. Franchisee shall maintain a publicly-listed local, toll-free telephone number and employ a sufficient number of telephone lines, knowledgeable personnel and answering equipment to allow reasonable access by subscribers and members of the public to contact the franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified franchisee representatives will be available to respond to subscriber telephone inquiries. Franchisee shall comply with the telephone answer time standards set forth in Subsection (d) below.
(d)
[Response Time.] Franchisee shall answer all subscriber service and repair telephone calls made under normal operating conditions, as defined below, within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call. Under normal operating conditions, subscribers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis.
(e)
[Compliance.] Franchisee must meet each of the following standards no less than ninety-five (95) percent of the time under normal operating conditions as measured on a quarterly basis:
(1)
Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven-business-day period. "Standard" installations are up to one hundred and twenty-five (125) feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the franchisee the same day. If the call to the subscriber is not answered, an employee of the franchisee shall telephone the subscriber the next day.
(2)
Excluding conditions beyond the control of the franchisee, the franchisee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions and service problems within the control of franchisee will be corrected within seventy-two (72) hours after receipt of a complaint.
(3)
The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during normal business hours, or at the election and discretion of the subscriber, "all day."
(4)
Franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment; and
(5)
If, at any time, an installer or technician is running more than thirty (30) minutes late for a scheduled appointment, an attempt to contact the subscriber will be made and the appointment rescheduled as necessary at a time which is convenient for the subscriber.
(f)
[Definitions.] For purposes of this Section 93.19, the term "normal business hours" shall mean those hours during which most similar businesses in the community are open to serve subscribers, which as of the effective date of this Chapter, are from 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1:00 p.m. on Saturday, or as otherwise defined by the FCC. In all cases, normal business hours shall include either some evening hours at least one night per week or some weekend hours. The term "normal operating conditions" means those service conditions which are within the control of the franchisee, or as otherwise defined by the FCC. Those conditions which are not within the control of the franchisee 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 franchisee shall include, but are not limited to, special promotions, pay-per-view events, rate increase, regular peak or seasonal demand periods, and routine maintenance or upgrade of the Cable System.
(g)
Disconnection.
(1)
Voluntary Disconnection.
a.
A subscriber may terminate service at any time.
b.
A franchisee shall promptly disconnect any subscriber who so requests from the franchisee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any franchisee. So long as the subscriber returns equipment to franchisee's service center located in the City or makes available to franchisee to pick up within three (3) business days of the disconnection, no charge may be imposed by any franchisee for such voluntary disconnection or for any cable services delivered after the date of disconnection request.
c.
A subscriber may be asked, but not required, to disconnect the franchisee's equipment.
d.
Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the converter has been recovered by the franchisee. The refund process shall take a maximum of forty-five (45) days from the date disconnection was requested to the date the subscriber receives the refund.
(2)
Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber or other fee or charge, the franchisee may disconnect the subscriber's service outlet; however, such disconnection shall not be effected until forty-five (45) days after the date on which the applicable monthly bill was sent to the subscriber and advance written notice of intent to disconnect to the subscriber in question. The notice of delinquency and impending termination may be part of a billing statement provided that the message is in bold or large type or other similar manner designed to bring the information to the subscriber's attention. If the subscriber pays within forty-five (45) days after the date on which the applicable monthly bill was sent and after notice of disconnection has been given, the franchisee shall not disconnect. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate cable service. Franchisee reserves the right to deny cable service to any subscriber who has been repeatedly disconnected for nonpayment of such services to the extent such rights are consistent with applicable State and Federal law.
(3)
With respect to any disconnection, whether requested or involuntary, a franchisee shall comply with the rules and regulations of the FCC and applicable law regarding ownership, sale, removal and abandonment of home wiring.
(h)
[Intentional Interruptions.] Franchisee shall intentionally interrupt service only for good cause and for the shortest time possible. Franchisee shall use its best efforts to insure that such interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional service interruptions.
(i)
[Notification of City Manager.] Franchisee shall notify the City Manager or designee immediately if a service interruption affects two hundred (200) or more subscribers for a time period greater than four (4) hours.
(j)
[Employee Identification.] Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by franchisee. This badge shall be clearly visible to the public.
(k)
[Complaint Procedures.] A franchisee shall develop written procedures for the investigation and resolution of all subscriber or City resident complaints that are received by the City. Such procedures shall be submitted to the City Manager or designee. A subscriber or City resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the City Manager or designee who will investigate the matter and in consultation with the franchisee, as appropriate, attempt to resolve the matter. A franchisee's performance in resolving subscriber and resident complaints in a fair and equitable manner will be considered in connection with the franchisee's renewal application. Franchisee shall maintain a complete list of all complaints received during the previous twelve (12) months from subscribers that required a service call and were not resolved within seven (7) days of receipt and the measures taken to resolve them. This list shall be compiled on a quarterly basis and, if such unresolved complaints exist, submitted to the City upon request. In providing such information, franchisee shall be obligated to protect subscriber privacy in accordance with Federal law.
(l)
[Inspection by City Manager.] Franchisee shall permit the City Manager or designee to inspect and test the cable system's technical equipment and facilities upon reasonable notice which shall be not less than seventy-two (72) hours except in the case of an emergency, as determined by the City Manager or designee.
(m)
[Communication with Subscribers, Bills and Refunds.] Franchisee shall abide by the following requirements governing communications with subscribers, bills and refunds:
(1)
Each franchisee shall provide to subscribers written information in each of the following areas at the time of installation, or at least once annually, and at any future time upon request by the subscriber:
a.
How to use the cable service.
b.
Installation and service maintenance policies.
c.
The products and services offered.
d.
Prices and service options.
e.
Channel positions of programming carried on the cable system.
f.
The franchisee's procedures for the receipt and resolution of subscriber complaints and the franchisee's address and telephone number to which complaints may be reported if not otherwise provided.
g.
The telephone number and address of the City's office designated to handle cable television complaints and inquiries.
h.
The availability of a "lock-out" device.
i.
The franchise's information collection and disclosure policies for the protection of a subscriber's privacy.
(2)
In addition, each franchisee shall provide written notice in its monthly billing, at the request of the City Manager, of any City meeting regarding requests or applications by the franchisee for renewal, transfer or modification of its license. The City Manager shall make such a request in writing, with reasonable notice prior to the mailing of any billing by franchisee, such that franchisee's regular billing cycle shall not be interrupted. To the extent that any notice requested by the City would exceed the messaging limitations of the franchisee's billing system and would thus cause the franchisee to print and insert a separate document into the bill, the City may be requested to pay printing costs and incremental postage expenses for such notice.
(3)
Franchisee's bills will be clear, concise and understandable.
(4)
Refund checks will be issued promptly, but no later than the earlier of forty-five (45) days or the subscriber's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the franchisee if cable service is terminated.
(5)
Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.
(6)
A franchisee shall provide subscribers, the City Manager, and the City Commission with at least thirty (30) days' advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of cable services offered over the cable system if such change is within the control of the franchisee, and in accordance with FCC regulations.
(n)
[Credits Due to Outages, Impairment of Service.] A franchisee shall, upon an affected subscriber's request, provide a pro-rated 24-hour credit to the subscriber's account for any period of four (4) hours or more within a twenty-four-hour period during which a subscriber experienced an outage of service or substantial impairment of service, whether due to a cable system malfunction or other cause.
(o)
Billing.
(1)
The franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit.
(2)
The franchisee's billing statement 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.
(3)
The franchisee's billing statement must show a specific payment due date. Any balance not received by the due date may be assessed a late charge consistent with applicable law. The late charge will appear on the following month's billing statement.
a.
Franchisee shall provide reasonable notice to the City and subscribers of the amount of any processing fees for late payments and the manner of imposing such fees. Any late fee that may be imposed shall be in an amount and manner consistent with applicable State and Federal law. Late charges on unpaid bills shall not exceed five dollars ($5.00). Such fee shall be deemed to represent the franchisee's reasonable administrative costs, and in no event shall exceed eighteen (18) percent per annum on the unpaid balance or the maximum amount of interest allowed by law. If a subscriber disputes a bill on or before the due date, the franchisee shall waive a late fee during the period until a final resolution of the dispute is agreed upon between the franchisee and the subscriber.
b.
Subscribers shall not be charged a late fee or otherwise penalized for any failure by the franchisee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made.
(4)
The franchisee must notify the subscriber that he or she can remit payment in person at the franchisee's office in the City and inform the subscriber of the address of that office.
(p)
Alteration of Service. Except as incident to an upgrade or rebuild of the cable system, a franchisee may not substantially alter the cable service being provided to a subscriber (including by retiering, restructuring a tier or otherwise) without the express affirmative permission of such subscriber, unless it complies with this Subsection.
(1)
If a franchisee wishes to alter the cable service being provided to a subscriber (including by retiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of cable services then the franchisee must provide the subscriber with thirty (30) days' notice of such alteration, explain the substance and the full effect of the alteration, and provide the subscriber the right within the thirty (30) day period following notice, to opt to receive any combination of cable services offered by the franchisee.
(2)
Except as provided herein or under applicable Federal, State or local law, no charge may be made for any cable service or product which the subscriber has not affirmatively indicated, in a manner separate and apart from payment of the regular monthly bill that the subscriber wishes to receive.
(q)
Franchisee shall certify in writing to the City as of January 1st and July 1st of each year, based upon internal due diligence by the franchisee, that to the best of franchisee's knowledge it is in substantial compliance with the standards set forth in this Section 93.19, said certification to be made as of a date within thirty (30) days of January 1st and July 1st. At the request of the City, for reasonable cause including but not limited to discrepancies between the reports provided to the City and the certification required herein, the franchisee shall submit such documentation, as may be required, to demonstrate franchisee's compliance with this Section 93.19. This documentation shall be submitted within thirty (30) days of the franchisee's receipt of the City's request.
(r)
[Incorporation Within Bulk Residential Subscriber Contract.] Notwithstanding anything to the contrary, franchisee shall not incorporate within any bulk residential subscriber contract the term of the franchise granted by the City as the length of the term of a bulk contract(s) franchisee shall make available to all residential bulk subscribers the same level of service provided to franchisee's residential subscribers in the City, including, but not limited to, the requirements of Section 93.19 herein, unless the parties to the bulk contract have expressly agreed otherwise in writing.
(s)
[Administration of Chapter and Resolution of Complaints.] Responsibility for the administration of this Chapter and any franchise granted pursuant to this Chapter, and for the resolution of all complaints against the franchisee regarding the quality of service, equipment malfunctions, and related matters, is hereby delegated to the City Manager or his designee, who is empowered, among other things, to settle, or compromise any controversy arising from operations of the Cable System by franchisee, either on behalf of the City or any subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or in cases where the service provided is alleged to be in non-compliance with this Chapter or a franchise agreement, the City Manager or his designee shall have the power to require the franchisee to provide service consistent with the terms of the franchise, if in the opinion of the City Manager or his designee such request for service is reasonable. Any person aggrieved by a decision of the City Manager, including the franchisee, may appeal the matter to the City Commission for hearing and determination. The City Commission may accept, reject or modify the decision of the City Manager. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission, shall be contrary to the provisions of this Chapter or any franchise issued pursuant to this Chapter and neither the City Manager nor the City Commission, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of the Chapter or of the franchise agreement, or to interfere with any rights of subscribers or any franchisee under applicable Federal, or State law or private contract.
(t)
[Fines.] The City Manager or designee shall have the authority to assess fines for violations of this Section 93.19 in accordance with the schedule set out below or as otherwise provided in a franchise agreement. The fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation, except for those customer service standards set forth in Subsections (d) and (e) above which are measured on a quarterly basis. With respect to such standards that are measured on a quarterly basis, the fines for such violations shall be assessed on a quarterly basis as follows; five thousand dollars ($5,000.00) per quarter if the franchisee falls below such standards by ten (10) percent or less; ten thousand dollars ($10,000.00) per quarter if the franchisee falls below such standards by twenty (20) percent or less and fifteen thousand dollars ($15,000.00) per quarter if the franchisee falls below such standards by twenty-five (25) percent or more. For example, if franchisee has answered the telephone standards set forth in Subsection (d) on a quarterly basis seventy-five (75) percent of the time, instead of the ninety (90) percent required herein, the quarterly fine shall be ten thousand dollars ($10,000.00). Prior to assessing any fines set forth in the schedule below, the City Manager or designee shall following the procedures set forth in Section 93.25 of this Chapter.
SCHEDULE OF FINES
Single Violation of: Maximum Fines (a) Section 93.19 (a), hereof. $ 500.00 (b) Section 93.19 (b), hereof. $ 500.00 (c) Section 93.19 (c), hereof. $ as detailed above (d) Section 93.19 (d), hereof. $ as detailed above (e) Section 93.19 (e)(1-5), hereof. $ as detailed above (f) Section 93.19 (g)(1-3), hereof. $ 250.00 (g) Section 93.19 (h), hereof. $ 350.00 (h) Section 93.19 (i), hereof. $ 350.00 (i) Section 93.19 (j), hereof. $ 350.00 (j) Section 93.19 (k), hereof. $ 500.00 (k) Section 93.19 (m)(1-5), hereof. $ 250.00 (l) Section 93.19 (m)(6), hereof. $ 500.00 (m) Section 93.19 (n), hereof. $ 250.00 (n) Section 93.19 (o), hereof. $ 250.00 (o) Section 93.19 (p), hereof. $ 250.00 (p) Section 93.19 (q), hereof. $ 250.00 (q) Section 93.19 (s), hereof. $ 250.00 (1)
Prior to assessing a fine, the City Manager or designee shall consider any justification or mitigating factor advanced in franchisee's written response, including, but not limited to rebates or credits to the subscriber, a cure or commencement of a cure of the violation, and the payment of any penalty to Palm Beach County for the same violation. The City Manager or designee may, after consideration of the response of the franchisee, waive or reduce any proposed fine.
(2)
Subsequent to the notice of proposed fine to franchisee and consideration of the franchisee's response, if any, and after following the procedures set forth in Section 93.25 hereof, the City may issue an assessment of fine. Any fine will commence as of the date of the written notice specifying the violation at issue. The fine shall be paid within thirty (30) days of written notice of assessment to the franchisee. The City may enforce payment of the refund or fine in any court having jurisdiction or if franchisee challenges the assessment in a court of competent jurisdiction, within thirty (30) days of a final nonappealable decision that the assessment is valid. This fine shall constitute liquidated damages to the City for the violation and the City may enforce payment of the fine in any court having jurisdiction. It is the intent of the City to determine fines as a reasonable estimate of the damages suffered by the City and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration, enforcement and other damages difficult to measure.
(3)
Any person who intentionally files a false complaint against a franchisee shall be subject to a fine, payable to the City, in the amount of fifty dollars ($50.00) for the first violation and one hundred dollars (100.00) for each subsequent violation.
(4)
Intentional misrepresentation by a franchisee in any response to a notice of proposed refund and/or fine shall be grounds for revocation of the franchise.
(5)
In addition to complying with the customer service standards set forth in this Chapter or in any franchise issued pursuant to this Chapter, a franchisee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable law governing the operations of the cable system within the City. If during the term of any franchise granted pursuant to this Chapter, the FCC modifies the customer service standards applicable to franchisee, the City may modify this Chapter to reflect any such new customer service standards.
(u)
[Evaluation of Renewal, Modification or Transfer of Franchise Agreement.] The City expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, modification or transfers of any franchise agreement.
(v)
[Modification of Customer Service Standards.] The City and franchisee recognize that the customer service standards set forth in this Section 93.19 reflect the current operating procedures of franchisee. If franchisee's current operating procedures change during the term of any franchise granted pursuant to this Chapter, the City agrees to meet with franchisee to discuss appropriate modifications to such standards and to consider such reasonable modifications to the standards set forth herein as requested by a franchisee to reflect any such new operating procedures. Upon request of the franchisee, the City shall also discuss with franchisee the need to continue such regulation in light of the competition that franchisee may face in the provision of cable services to subscribers and to consider such reasonable modifications to the customer service standards set forth herein in light of the competitive environment. Notwithstanding anything to the contrary, franchisee shall be obligated to comply with this Section 93.19 unless modifications are agreed upon by the City and franchisee in writing.
(Ord. No. 10-05, § 1, passed 3/1/05)