HomeMy WebLinkAbout4625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, REPEALING. AUBURN CITY CODE CHAPTER 13.36 ENTITLED
"CATV SYSTEMS" AND ENACTING A NEW CHAPTER 13.36 OF THE AUBURN
4 CITY CODE ENTITLED "CATV SYSTEMS".
5
6 WHEREAS, the City Council of the City of Auburn adopted
7 Auburn City Code Chapter 13.36 entitled "CATV Systems" in 1978
8 pursuant to Ordinance No. 3286; and
9 WHEREAS, advances in cable television technology and
10 enactment of the Cable Television Consumer Protection and
]1 Competition Act of 1992 necessitate the repealing of the
12 current Chapter 13.36 and enactment of a new Chapter 13.36 to
13 the City of Auburn City Code; and
]4 WHEREAS, during regular meetings conducted on April 19,
]5 1993 and May 3, 1993, the Municipal Services Committee
18 reviewed the proposed new Chapter 13.36 and recommended that
17 the Council repeal the current code provision and enact a new
18 Auburn City Code Chapter 13.36 entitled "CATV Systems" for the
]9 above expressed reasons.
20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
2] WASHINGTON, DO ORDAIN AS FOLLOWS:
22 Section 1. Auburn City Code Chapter 13.36 entitled
23 "CATV Systems" originally adopted in 1978 pursuant to
24
25
28
OrdinanceNo. 4625
Apri~80,199S
1
Ordinance No. 3286, and any subsequent amendments thereto, is
2
herewith repealed in it entirety.
Section 2. The City Council of the City of Auburn
4
5 hereby adopts a new chapter 13.36 to the Auburn City Code
8 entitled "CATV Systems", which is designated as Exhibit "A",
attached hereto, and incorporated herein.
7
Section 3. The Mayor is hereby authorized to
8
9 implement such administrative procedures as may be necessary
to carry out the directives of his legislation.
10
Section 4. This Ordinance shall take effect and be in
11
force five (5) days from and after its passage, approval and
12
13 publication, as provided by law.
14
15
19
5-3-
21
22
24
25 MAYOR
28
O~inance No. 4825
Page 2
1
2
3
4
ATTEST:
5
7 Robin Wohlhueter,
8 City Clerk
9
]0
APPROVED AS TO FORM:
12
13 ep~en~R.~
St Shelton,
]4 City Attorney
15
16
17
18 Published: ~~'~
19 '
20
21
22
23
24
25
26
O~inance No. 4625
April 30, 1993
PaGe 3
1
NEW CHAPTER
3 Chapter 13.36
4 CATV SYSTEMS
Sections=
5 13.36.010 Purpose.
13,36,020 Definitions.
6 13.36.030 Franchise--Conditions.
13.36.040 Franchise--Application requirements.
7 13.36.050 Public Notices and Hearings.
13,36,060 Acceptance.
8 13.36,070 Police Powers.
13.36,080 Rules and Regulations by the City.
9 13,36.090 Technical Standards.
13.36.100 Parental Control Devices
lO 13.36.110 Construction Standards.
13.36.120 Construction Notification.
]1 13.36.130 Undergrounding and Landscaping.
13.36.140 Construction in Right-of-Way.
12 13.36.150 Safety Requirements.
13.36.160 Building Moving.
13 13.36.170 Tree Trimming.
13,36,180 Rates.
14 13,36,190 Discounts.
13,36,200 Customer Service.
15 13,36.210 Telephone Response.
13,36,220 Failure to Improve Customer Service.
16 13,36,230 Franchise Fee.
13.36.240 Cable System Evaluation.
17 13,36.250 Periodic Meetings.
13,36.260 Record Inspection.
18 13.36.270 Reports.
13.36.280 Programming.
19 13.36.290 Non-Discrimination
13,36,300 Continuity of Service.
20
13,36.310 Franchise Renewal.
13.36.320 Transfer of Ownership.
13.36.330 Removal & Abandonment~ Franchise Property.
13.36,340 Termination~ Revocation for Cause.
13.36.350 Effect of Termination for Non-Compliance.
13,36,360 Indemnity & Hold Harmless.
13,36,370 Insurance.
13.36,380 Performance Bond.
13,36.390 Franchising Costs.
13,36,400 Equalization of Civic Contributions.
25
Exhibit~'OrdinanceNo. 4625
April26,1993
Page 4
1 13,36,410 Inconsistency,
13,36,420 Severability,
2 Appendix "A" Customer Service Standards.
4
13.36.010 Purpose.
5
The purpose of this chapter is to set forth an integrated
6
statement of conditions, requirements, obligations, duties and
8 procedures for granting by the City of a non-exclusive
franchise for the construction, maintenance and operation of a
9
system of cable television signal distribution within the
l0
territorial limits of the City of Auburn.
11
12
13.36.020 Definitions,
13
For the purposes of this chapter, the following
14
definitions will apply:
15
A. "Access channels" (commonly referred to as "PEG"
channels" means free composite channels to be used for
17
educational purposes and by government and public
~8
19 agencies and/or their representatives.
B. "The Act" means the Cable Television Consumer Protection
20
and Competition Act of 1992, and any subsequent
21
amendments thereto.
22
C. "Addressability" means the ability of a system allowing
23
a franchisee to authorize by remote control customer
24
25
26
Exhib~ ~' Ordinance No. 4625
Apdl 26, 1993
Page 5
]
terminals to receive, change or to cancel any or all
3 specified programming.
D. "Affiliate" means a condition of being united, being in
4
close connection, allied, or attached as a member or
5
branch.
6
E. "Applicant" means any person or entity that applies for
7
a franchise.
8
F. "Basic cable" is the tier of service regularly provided
9
to all subscribers that includes the retransmission of
10
local broadcast television signals.
11
G. "Cable services" means (1) the one-way transmission to
]2
subscriber of video programming or other programming
service, and (2) subscriber interaction, if any, which is
15 required for the selection by the subscriber of such
video programming or other programming service.
16
H. "Channel" means a single path or section of the spectrum
17
which carries a television signal.
18
I. "Character generator" means a device used to generate
19
20 alpha numerical programming to be cablecast on a cable
channel.
2]
22 J' "City" means the City of Auburn, a municipal corporation
23 of the State of Washington.
24 K. "Cable system" means a facility, consisting of a set of
25 closed transmission paths and associated signal
26
Exhib~ 'A' O~inance No. 4825
Apri828, 199S
Page 8
1
2 generation, reception, and control equipment that is
3 designed to provide cable service and other service to
subscribers.
4
L. "Council" means the City Council of the City of Auburn.
5
M. "Data Communication" means (1) the movement of encoded
information by means of electrical or electronic
7
transmission systems; and (2) the transmission of data
8
from one point to another over communications channels.
9
N. "Dwelling units" means residential living facilities as
10
distinguished from temporary lodging facilities such as
]1
hotel and motel rooms and dormitories, and includes
12
single family residential units and individual
]3
]4 apartments, condominium units, mobile homes within mobile
home parks, and other multiple family residential units.
15
O. "FCC" means the Federal Communications Commission, a
16
17 regulatory agency of the United States government.
P. "Franchise" shall mean the initial authorization, or
18
renewal thereof, issued by the franchising authority,
19
whether such authorization is designated as a franchise,
20
21 permit, license, resolution, contract, certificate or
22 otherwise, which authorizes construction and operation of
the cable system for the purpose of offering cable
23
service or other service to subscribers.
24
25
[/hib~ 'A" Ordinance No. 4825
Apri828, 1998
Page 7
1
2 Q' "Franchisee" means the person, firm or corporation to
whom or which a franchise, as herein above defined, is
4 granted by the Council pursuant to this chapter, and the
lawful successor, transferee or assignee of said person,
5
firm or corporation subject to such conditions as may be
defined in this chapter and in a franchise granted in
7
8 compliance with this chapter.
R. "Gross revenues" means any and all receipts and revenues
9
received directly or indirectly from all sources, other
]0
than transactions related to real property receipts, by a
l]
franchisee, not including any taxes on services furnished
by a franchisee, imposed on any subscriber or used by any
13
14 governmental unit, agency or instrumentality and
collected by a franchisee for such entity; provided that,
15
net uncollectible debts are not considered as revenue in
16
this definition.
17
S. "Headend" means the electronic equipment located at the
18
start of a cable system, usually including antennas,
19
20 preamplifiers, frequency converters, demodulators and
related equipment.
2]
T. "High Definition Television (HDTV)" means a television
22
23 system that will provide sharper picture definition than
24 the current U.S. Standards, 525 lines per frame.
25
Exhib~ "A" Ordinance No. 4625
April 26, 1993
Page 8
1
U. "Insertion point(s)" means location(s) where
institutional programming can be initiated for
3
distribution throughout the secured portion of the
4
subscriber network.
5
V. "Installation" means the connection of the system from
feeder cable to subscribers' terminals.
7
W. "Institutional services" means a cable communications
8
9 system designated principally for the provision of non-
entertainment services to schools, public agencies or
]0
other non-profit agencies which is separate and distinct
from the subscriber network or is on secured channels of
12
the subscriber network.
13
X. "Interactive services" means services provided to
14
subscribers where the subscriber either (1) receives
]5
information consisting of television or other signals and
]6
transmits signals generated by the subscriber or
]7
18 equipment under his/her control for the purpose of
19 selecting what information shall be transmitted to the
subscriber or for any other purpose; or (2) transmits
20
21 signals to any other location for any purpose.
22 Y' "NCTA" means the National Cable Television Association.
23 Z. "Office" means the person or entity designated by the
24 City of Auburn as being responsible for the
25 administration of a franchise for the City.
26
Exhib~ "A" Ordinance No. 4625
Apdl 26, 1993
Page 9
]
AA. "Operator" means the person, firm or corporation to whom
a franchise is granted pursuant to the provisions of
4 chapter.
BB. "Premium services" means programming over and above
5
those provided by basic services for which there is an
additional charge.
7
CC. "Property of Franchisee" means all property owned,
8
installed or used by a franchisee in the conduct of its
9
business in the City under the authority of a franchise
10
11 granted pursuant to this chapter.
DD. "Proposal" means (1) the response by an individual or
12
13 organization to a request by the City regarding the
14 provision of cable services; or, (2) an unsolicited plan
submitted by an individual or organization seeking to
15
16 provide cable services in the City.
EE. "Public way" means the surface of, and the space above
]7
and below, any public street, highway, freeway, bridge,
18
land path, alley, court, boulevard, sidewalk, parkway,
19
20 way, lane, drive, circle or other public right-of-way,
2] including, but not limited to, public utility easements,
dedicated utility strips or rights-of-way dedicated for
22
23 compatible uses and any temporary or permanent fixtures
or improvements located thereon now or hereafter held by
the City in the service area which shall entitle the
25
26
~xhib~ "A" Ordinance No. 4625
April 26, 1993
Page 10
1
2 City and a franchisee to the use thereof for the purpose
of installing, operating, repairing and maintaining the
3
cable system. "Public way" shall also mean any easement
4
now or hereafter held by the City within the service
5
area for the purpose of public travel, or for utility or
7 public service use dedicated for compatible uses, and
shall include other easements or rights-of-way as shall
8
within their proper use and meaning entitle the City and
9
a franchisee to the use thereof for the purpose of
]0
1] installing or transmitting franchisee's cable service or
other service over poles, wires, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers,
13
14 appurtenances, attachments and other property as may be
15 ordinarily necessary and pertinent to the cable system.
FF. "Subscriber" means a person or entity or user of the
16
cable system who lawfully receives cable services or
17
other service therefrom with franchisee's express
18
19 permission.
20
2] 13.3G.030 Franchise -- Conditions and Term.
22 A. Authority to grant franchises or licenses for cable
23 television: The Council may by resolution award a non-
24 exclusive franchise to construct, operate and maintain a
25 cable communications system which complies with the
26
Exhib~ "A' Ordinance No. 4625
April 26, 1993
Page 11
1
2 requirements and conditions of this chapter. Any
3 franchise granted pursuant to this chapter shall be non-
4 exclusive and shall not preclude the City from granting
other or further franchises or permits, or preclude the
5
6 City from using any roadS, rights-of-way, streets, or
other public properties, or affect its jurisdiction over
7
them or any part of them, or limit the full power of the
8
9 City to make such changes as the City shall deem
]0 necessary, including the dedication, establishment,
maintenance, and improvement of all new rights-of-way and
]]
]2 thoroughfares and other public properties; provided
13 that, any such changes shall not materially or
14 substantially impair the rights granted a franchisee
]5 pursuant to this chapter. All franchises granted
16 subsequent to the effective date of this chapter shall be
consistent with the requirements and conditions of this
17
18 chapter.
]9 B. Incorporation by reference: The provisions of this
20 chapter shall be incorporated by reference in any
21 franchises approved pursuant hereto. The provisions of
22 any proposal for a franchise submitted and accepted by
23 the City shall be incorporated by reference in the
24 applicable franchise; provided that, in the event of any
25 conflict between the proposal, this chapter and the
26
Exhib~ "A" Ordinance No. 4625
Apdl 26, 1993
Page12
]
2 franchise, the franchise shall be the prevailing
document.
3
C. Conditions of a franchise: Subject to the provisions in
4
this chapter, any franchise granted hereunder by the City
5
shall authorize a franchisee to: (1) Engage in the
business of operating and providing cable service and the
7
distribution and sale of such service to subscribers
8
within the City; and (2) Erect, install, construct,
9
10 repair, replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any street, such
12 amplifiers and appliances, lines, cables, conductors,
13 vaults, manholes, pedestals, attachments, supporting
]4 structures, and other property as may be necessary and
]5 appurtenant to the cable communications system; and, (2)
16 Use, operate and provide similar facilities, or
]7 properties rented or leased from other persons, firms or
18 corporations, including but not limited to any public
19 utility or other franchisee franchised or permitted to do
20 business in the City; provided that, no privilege or
21 exemption shall be granted or conferred upon a franchisee
22 by any franchise except those specifically prescribed
23 therein, and any use of any street shall be consistent
24 with any prior lawful occupancy of the street or any
25 subsequent improvement or installation therein.
26
Exhib~ "A" Ordinance No. 4625
April 26, 1993
Page 13
D. Term of franchise: The Council shall have the right to
2
3 grant a franchise for a period of time which in the
Council's judgement is the most appropriate to the
4
circumstances of the particular grant and is in the best
5
interests of the citizens of the City of 'Auburn.
7
13.36.040 Franchise -- Application requirements.
8
An applicant for an initial franchise to construct, operate,
9
and maintain a cable communications system within the City
10
shall file an application in a form prescribed by the City,
11
12 accompanied by a non-refundable filing fee in the amount to be
determined by the City.
13
14
13.36.050 Public Hearing and Notice Requirements.
15
A. Prior to the granting of a franchise, the City Council
shall conduct a public hearing to determine the
17
18 following:
1. That the public will be benefited by the granting of
20 a franchise to the Applicant;
21 2. That the Applicant has requisite financial and
22 technical resources and capabilities to build,
23 operate and maintain a cable television system in
24 the area;
25
26
Exhib~ ~"Ordinance No. 4625
Apd126,1993
Page14
1
3. That the Applicant has no conflicting interests,
2
either financial or commercial, which will be
4 contrary to the interests of the City;
4. That the Applicant will comply with all terms and
5
conditions placed upon a franchisee by this
Ordinance;
7
5. That the Applicant is capable of complying with all
8
relevant Federal, State, and local regulations
9
]0 pertaining to the construction, operation and
maintenance of the facilities and systems
12 incorporated in its application for a franchise;
6. The capacity of public rights-of-way to accommodate
13
the cable system;
14
7. The present and future use of the public rights-of-
15
16 way to be used by the cable system; and
8. The potential disruption to existing users of the
17
18 public rights-of-way to be used by the cable system
and the resultant inconvenience which may occur to
19
the public.
20
B. Notice of the public hearing shall comply with the
2]
22 following:
23 1. Briefly describe the purpose of hearing and state
24 the place where the relevant information is
25 available to the public, the time and place of the
Exhib~ 'A" O~inance No. 4625
April 26, 1993
Page 15
]
2 hearing and the dated by which written comments must
be submitted.
2. Published at least once during the two-week period
4
5 preceding the heasrin in a newspaper of general
circulation within the City, and in one or as many
more community newspapers as may be necessary to
7
cover the entire cable franchise area, and be
8
broadcast over the local access channel of the
9
]0 grantee in the cable franchise area affected at
least once each day between the hours of nine a.m.
and eleven p.m. during the two weeks immediately
12
13 preceding the hearing.
14
13.36.060 Acceptance.
15
A. No franchise granted pursuant to the provisions of this
16
17 chapter shall become effective unless and until the
resolution granting same has become effective and the
18
]9 grantee.has accepted same as provided below.
20 B. Within sixty (60) days after the effective date of the
2] resolution awarding a franchise, or within such extended
22 period of time as the Council in its discretion may
23 authorize, a franchisee shall file with the City Clerk
24 its written acceptance of the franchise, in a form
25 satisfactory to the City Attorney, together with the bond
26
Exhib~ 'A' O~inance No. 4625
Apdl 26, 1993
Page 16
2 and insurance policies required by Sections 13.36.3~0 and
13.36.~herein.
3
4
13.36.070 Police Powers.
5
In accepting any franchise, a franchisee acknowledges that
its rights hereunder are subject to the legitimate rights of
7
the police power of the City to adopt and enforce general laws
8
9 necessary to protect the safety and welfare of the public. The
franchisee also agrees to comply with all applicable general
]0
laws enacted by the City pursuant to such power so long as such
1]
12 regulations do not materially increase the burden or impair the
13 rights of the franchise as provided for in this chapter.
14
13.36.080 Rules and Regulations by the City.
15
In addition to the inherent powers of the City to
16
17 regulate and control any franchise it issues, the authority
18 granted to the City by the Act, and those powers expressly
reserved by the City or agreed to and provided for in a
19
franchise, the City also reserves the right and power to
20
21 promulgate such additional regulations as it may find necessary
22 in the. exercise of its lawful powers.
23
25
26
[xhBb~ "A' Ordinance No. 4825
Apd828, 1998
Page 17
1
2
13.36.090 Technical standards and maintenance.
A. Subject to federal, state and local law, a franchisee
4
shall comply with FCC rules, Part 76, Subpart K, Section
5
76,601 through 76.610 and as amended, hereafter, and, at
the minimum, the following:
7
1. Applicable city, county, state and
8
9 national/federal codes, laws and regulations;
2. Applicable utility joint attachment practices;
]0
3. The National Electric Safety Code; ANSI C2;
11
4. Local utility code requirements;
5. Local rights-of-way procedures;
13
B. A comprehensive routine preventive maintenance program
14
shall be developed, effected and maintained to ensure
]5
continued top quality cable communications operating
]6
standards in conformance with FCC Regulations Part 76 and
17
amendments thereto.
18
19
13.36.100 Parental Control Devices.
20
A franchisee will make available at its cost, including
21
22 applicable handling fees, a device by which the subscriber can
2S prohibit v~ewing of a particular cable service during periods
selected by that subscriber.
24
25
26
Exhib~ 'A' Ordinance No. 4825
April 26, 1993
Page 18
1
13.36.110 Construction Standards.
All facilities constructed pursuant to the provisions of
4
this chapter shall be placed and maintained at such places and
5
6 positions in or upon such streets, avenues, alleys and public
7 places as shall not interfere with the passage of traffic and
the use of adjoining property, and shall conform to the
8
9 applicable sections of the National Electrical Code, codes of
the State of Washington and City regulations pertaining to such
10
construction.
]1
12
13.36.120 Construction Notification.
13
14 Upon application for each construction permit in compliance
with this chapter, a franchises shall submit to City its plan
]5
for advance notification for the proposed construction project.
In the event that an emergency situation arises which precludes
such advance notification, a franchises shall subsequently
]8
inform the City of the nature of the extraordinary event and
the action taken.
20
13.36,130 Undergrounding and Landscaping.
In those areas and portions of the City where the
transmission or distribution facilities of the public utility
24
25 providing telephone service or those of the facility providing
26
Exhib~ 'A' Ordinance No. 4625
April 26, 1993
Page 19
1
electric service are underground or hereafter may be placed
3 underground, a franchisee shall likewise construct, operate and
maintain all of its transmission and distribution facilities in
4
the same area underground. All activities shall be conducted
5
in coordination with other utilities but not necessarily in the
same trench. Amplifiers and associated equipment in a
7
franchisee's transmission and distribution lines may be in
8
9 appropriate housing upon the surface of the ground.
Where undergrounding is required as a result of a City
10
street improvement project, the City shall provide trenching
11
for underground installation of cable.
12
]3
13.36.140 Construotion in Right-of-Way.
14
Whenever, in the sole opinion of the City, any of a
]5
franchisee's facilities or equipment need to be relocated or
16
altered due to a construction or repair project by the City in
17
a public way, a franchises shall move or relocate said
18
facilities or equipment within thirty (30) days from receiving
19
written notice from the City. However, in the event such
20
relocation is required due to emergency repairs deemed
22 necessary by the City, such relocation or moving shall be
23 accomplished within twenty-four (24) hours. Any relocation or
alteration of a franchisee's facilities or equipment required
24
25
26
Exhib~ 'A' Ordinance No. 4625
Ap~126, 1998
Page 20
]
under this section shall be at the sole expense of a
franchisee.
4
13.36.150 Safety Requirements.
5
A franchisee, in accordance with applicable national,
6
7 state, and local safety requirements shall, at all times,
8 employ ordinary care and shall install and maintain and use
9 commonly accepted methods and devices for preventing failures
and accidents which are likely to cause damage, injury, or
10
nuisance. to the public.
11
All structures and all lines, equipment and connections
13 in, over, under, and upon the streets, sidewalks, alleys, and
14 public ways or places of a franchise area, wherever situated or
]5 located, shall at all times be kept and maintained in a safe,
suitable condition and in good order and repair.
The City reserves the general right to see that the
17
18 system of a franchisee is constructed and maintained in a safe
condition. If a violation of the National Electrical Safety
19
Code or other applicable regulation is found to exist by the
20
21 City, the City will, after discussions with a franchisee,
22 establish a reasonable time for a franchisee to make necessary
23 repairs. If the repairs are not made within the established
24 time frame, the City may make the repairs itself or have them
25
26
[xhib~ "A' Ordinance No. 4625
Apri828, 1993
Page 21
1
made and collect all reasonable costs thereof from the
2
franchisee.
3
4
13.36.160 Building Moving.
5
Whenever any person shall have obtained permission from the
6
7 City to use any street for the purpose of moving any building,
a franchises shall, upon seven (7) days written notice from the
8
9 City, raise or remove, at the expense of the permittee desiring
to move the building, any of a franchisee's wires which may
lO
obstruct the removal of such building; provided, that the
12 moving of such building shall be done in accordance with the
codes and regulations of the City. Where more than one street
13
is available for the moving of such building, the building
14
shall be moved on such street as shall cause the least
15
interference. In such event, the City shall be responsible for
16
]7 determining the path of least interference. It is further
]8 provided that the person or persons moving such building shall
]9 indemnify and save harmless said franchisee from any and all
20 damages or claims of any kind or nature caused directly or
21 indirectly for such temporary arrangement of the lines and
22 poles of a franchisee.
23
24
25
26
Exhib~ "A" Ordinance No. 4625
Apdl 26, 1993
Page 22
]
13.36.170 Tree Trimming.
3
4 Upon approval of the Director of Public Works, a franchisee
shall have the authority to trim trees upon and overhanging
5
streets, public ways and public places in the franchise area so
6
as to prevent the branches of such trees from coming into
7
contact with a franchisee's wires and cables, and, if
8
9 necessary, to clear a microwave path. A franchisee shall be
10 responsible for debris removal from such activities. Failure
to remove debris after a reasonable time shall result in the
]1
debris being removed by the City and the costs involved charged
12
to the franchises.
13
14
13,36.180 Rates.
15
Within sixty (60) days after the grant of any franchise
16
hereunder, a franchises shall file with the City a complete
17
schedule of all rates to be charged to all subscribers.
18
Prior to implementation of any change in rates or charges
19
for any service or equipment provided by a franchises, the
20
franchisee shall provide the City and all subscribers a minimum
21
of thirty (30) days prior written notice of such change.
23 Subject to federal, state and local law, the City may
24 regulate the approval of increases of rates or charges for
25
26
Exhib~ "A' Ordinance No. 4625
Apdl 26, 1993
Page 23
1
2 providing cable service and prescribe reasonable rate approval
3 procedures.
4
13.36.190 Discounts.
5
A franchisee shall offer a discount of thirty percent (30%)
6
from the normal charge for basic services and installation to
7
those individuals age sixty-two (62) or older or disabled who
8
are the legal owner or lessee/tenant of their residence
9
10 provided that their combined disposable income from all sources
does not exceed the Housing and Urban Development (HUD)
ll
standards for the Seattle-Everett area for the preceding
12
calendar year.
13
The City or its designee shall be responsible for certifying
14
to a franchises that such applicants conform to the specified
15
criteria.
16
17
13.36.200 Customer Service.
18
A. A franchisee shall render repair service to restore the
19
20 quality of the signal at approximately the same standards
21 existing prior to the failure or damage of the component
22 causing the failure and make repairs promptly and
23 interrupt service only for good cause and for the
shortest time possible. Such interruptions, insofar as
24
25 possible, shall be preceded by notice and shall occur
26
Exhib~ "A' Ordinance No. 4625
April 26, 1993
Page 24
]
2 during a period of minimum use of the system. A log of
all service interruptions shall be maintained for at
least a period of one year. The City, after two (2)
4
5 working days' notice, may inspect such logs.
B. An employee of a franchisee shall answer and respond to
all individual complaints received no later than 5:00
7
8 p.m. weekdays. A franchisee may use an answering service
to receive complaints after 5:00 p.m. weekdays, weekends
9
and holidays and will respond to any system outage
10
affecting more than five subscribers. A copy of the
11
instructions to the answering service by a franchisee
]2
shall be furnished to the City or its designee.
13
C. A technician shall be on call seven (7) days a week,
14
15 twenty-four (24) hours a day. A franchiSee shall respond
16 immediately to service complaints in an efficient manner.
D. A franchisee shall maintain a sufficient repair force to
17
18 respond to individual requests for repair service within
two (2) working days after receipt of the complaint or
19
20 request, except Saturday, Sunday and legal holidays. All
21 complaints shall be resolved within seven (7) days, to
the extent reasonable. If a subscriber has notified a
22
franchisee of an outage, no charge for the period of the
24 outage shall be made to the subscriber if the subscriber
25 was without service for a period exceeding twenty-four
[xbib~'A'OrdinanceNo. 4825
ApdS28,1993
Page 25
1
(24) hours, unless the outage was due to Acts of God,
force majeure or circumstances reasonably' beyond a
3
franchisee's ability to control.
4
E. A franchisee shall supply at the time of a new
5
connection, and periodically at least once a year, the
6
7 title, address, and telephone number of the City official
or his/her designee, to whom system subscribers may
8
direct their concerns.
9
F. In no case will a franchisee's service standards fall
]0
below the standards established by the National Cable
11
Television Association (NCTA) which are attached herein
12
as Appendix "A" and incorporated within this chapter or
13
]4 any FCC regulation.
15
13.36.210 Telephone Response.
16
A. A franchisee shall maintain an adequate force of customer
17
service representatives as well as incoming trunk lines
18
19 so that telephone inquiries are met promptly and
20 responsively. A franchisee shall have in place
21 procedures for utilization of other manpower and/or
22 recording devices for handling the flow of telephone
23 calls at peak periods of large outages or other major
24 causes of subscriber concern. A copy of such procedures
25 and/or policies shall be made available to the City.
26
Exhib~ 'A" Ordinance No. 4625
April 26, 1993
Page 26
B. In order that the City may be informed of a franchisee's
success in achieving satisfactory customer relations in
its telephone answering functions, a franchisee shall,
4
5 upon request by the City, and routinely no less than
6 quarterly, provide the City with a summary that will
7 provide, at a minimum, the following:
1. Total number of calls received in reporting periods;
8
2. Time taken to answer;
9
3. Average talk time;
10
4. Number of calls abandoned by the caller;
]1
5. Average hold time;
]2
6. Percentage of time all lines busy;
7. An explanation of any abnormalities.
14
This data will be compared to minimum standards of the
15
NCTA incorporated herein by reference or any amendment
16
thereto which increases such NCTA standards, and shall be
]7
monitored by the City.
18
C. Calls for service generated during period of system
19
20 outages due to emergency which affects more than twenty-
five (25) customers may be excluded from the service
22 response calculations. The City shall have the sole
determination as to what constitutes a system failure due
to emergency and which calls shall be excluded from the
24
service level calculations.
25
26
[xhiM ~" Ordinance No. 4825
Apri828, 199S
Page 27
1
13.36.220 Failure to Improve Customer Service.
A. The City or its designee shall review telephone response
4
and customer service information with a franchisee. The
5
franchisee shall make improvements in the appropriate
6
7 categories which were found deficient pursuant to
13.36,190 and 13.36.200 from the last reporting period.
8
Failure to do so may result in the calling of a public
9
10 hearing by the Council for the purpose of examining the
reasons, if any, why such improvements were not achieved
11
]2 by a franchisee.
B. An unsatisfactory record will result in the hearings
13
]4 being made part of an exhibit under Sections 626(c)(1)(A)
and (B) of the Act alleging that such practices have
failed to conform with future refranchising requirements
]6
as stated therein. In addition, a franchisee's corporate
17
office shall be advised of the City's findings.
18
19
13.36.230 Franchise Fee.
20
A franchisee shall pay to the City quarterly, on or before
21
the thirtieth (30th) day of each January, April, July and
23 October, a sum equal to five percent (5%) or greater of gross
24 revenues as defined herein for the preceding three months.
25 Such remittances shall be accompanied by forms furnished by the
26
[xhib~ 'A' Ordinance No. 4625
April 26, 1993
Page 28
1
2 City to report detailed information as to the sources of such
income.
3
4
13.36.240 Cable System Evaluation.
5
A. In addition to periodic meetings, the City may require
6
reasonable evaluation sessions at any time during the
7
term of a franchise. It is intended that such
8
evaluations cover areas such as customer service,
9
lO response to the community's cable-related needs, and a
franchisee's performance under and compliance with the
1]
terms of a franchise.
12
B. During an evaluation session, a franchisee shall fully
13
14 cooperate with the City and shall provide without cost
such reasonable information and documents as the City may
15
16 request to perform evaluations.
C. If the City has concerns because of uncorrected and
17
18 reoccurring problems with the franchisee's cable system,
the City may retain an independent consultant to conduct
19
20 an analysis of the cable system and its performance and
submit a report of such analysis to the City. The City
2]
shall take into consideration any efforts taken to
22
23 correct such deficiencies.
24 D. The report prepared by the consultant in response to the
25 City's request for a system evaluation shall include:
26
Exhib~ 'A' Ordinance No. 4825
A~il 26, 1993
Page 29
]
1. A description of the technical problem in cable
3 system performance which precipitated the special
tests;
4
2. What cable system components were tested;
5
3. The equipment used and procedures employed in
6
7 testing;
4. The method, if any, by which specific performance
8
9 problems may be resolved;
5. Any other information pertinent to said tests and
10
11 analyses which may be required by the City, or
determined when the test is performed.
]2
E. If the tests indicate that the system is not in
13
14 compliance with FCC standards or the requirements of the
15 franchise, a franchisee shall reimburse the City for any
costs involved in conducting such tests, such as
]6
consultant fees or other expenses. Such fees or expenses
17
shall not exceed two thousand five hundred dollars
]8
]9 ($2,500.00) for each evaluation.
20
13.36.250 Periodic Meetings.
2]
22 Upon request, a franchisee shall meet with designated
23 City officials and/or designated representative(s) to review
24 the performance of a franchisee for the preceding period. The
25
26
Exhib~ "A" Ordinance No. 4625
April 26, 1993
Page 30
2 subjects may include, but are not limited to, those items
covered in the periodic reports and performance tests.
3
4
13.36.260 Record Inspection.
5
6 Subject to statutory and constitutional limits and two
7 working days' advance notice, the City reserves the right to
8 inspect the records of a franchisee necessary for the
enforcement of a franchise and verification of the accuracy of
9
franchise fee payments at any time during normal business
10
11 hours; provided that, the City shall maintain the
12 confidentiality of any trade secrets or other proprietary
information in the possession of a franchisee. Such documents
shall include such information as financial records,
14
subscriber records within the context of Section 631 of the
]5
Act, and plans pertaining to a franchisee's operation in the
16
17 City.
18
13.36.270' Reports.
19
A franchisee shall furnish, upon request, a report of its
20
21 activities as appropriate. Such report shall include: (1)
22 Most recent annual report; (2) A copy of the 10-K Report, if
23 required by the Securities and Exchange Commission; (3) The
24 number of homes passed; (4) The number of subscribers with
25 basic services; (5) The number of subscribers with premium
26
Exhib~ "~ Ordinance No. 4625
April 26, 1993
Page 31
]
2 services; (6) The number of hook-ups in period; (7) The
number of disconnects in period; (8) Total number of miles of
3
cable in City; (9) Summary of complaints received by
4
5 category, length of time taken to resolve and action taken to
8 provide resolution; (10) A statement of its current billing
7 practices, and a sample copy of the bill format; (11) A
current copy of its subscriber service contract; (12) Report
8
on Operations; and (13) Such other reports with respect to
9
its local operation, affairs, transactions or property that
10
]1 may be appropriate.
]2
13.36.280 Programming.
For informational purposes, a franchisee shall file a
14
15 listing of its programing and the tiers in which they are
16 placed. A franchisee shall consider the City's suggestions of
17 general program categories as determined from time to time in
residential questionnaire polls. The results of initial such
18
19 surveys will be appended to the respective franchise
20 agreements.
2]
13.36.290 Non-Discrimination.
A. A franchisee shall not, as to rates, charges, service
facilities, rules, regulations or in any other respect,
25 make or grant any preferences or advantage to any person
[xhib~ "N O~iNance No. 4825
April 26, 1993
Page 32
nor subject any person to any prejudice or disadvantage;
3 provided, that nothing in this Ordinance shall be deemed
to prohibit the establishment of a graduated scale of
4
5 charges and classified rate schedules to which any
customer coming within such classification would be
7 entitled; and, provided further, that connection and/or
service charges may be waived or modified during
8
9 promotional campaigns of a franchisee.
B. A franchisee will not deny access to cable communications
10
service to any group of potential residential subscribers
11
because of the income of the residents of the local area
12
in which the group resides.
13
14 13.36.300 Continuity of Service.
15 It shall be the right of all subscribers to continue
16 receiving service so long as their financial and other
17 obligations to a franchisee are fulfilled.
18 A. In this regard a franchisee shall act so far as it is
19 within its control to ensure that all subscribers receive
20 continuous uninterrupted service during the term of the
2] franchise.
22
B. In the event a franchisee fails to operate a system for
23
seventy-two (72) continuous and consecutive hours without
24
prior notification to and approval of the City Council or
25
26
Exhibit "A' Ordinance No. 4625
Apdl 26, 1993
Page 33
1
2 without just cause such as an impossibility .to operate
the system because of the occurrence of an act of God or
3
other circumstances reasonably beyond a franchisee's
4
control, the City may, after notice and an opportunity
5
for a franchisee to commence operations at its option,
6
7 operate the system or designate someone to operate the
8 system until such time as a franchisee restores service
to conditions acceptable to the City Council or a
9
]0 replacement franchisee is selected. If the City is
]] required to fulfill this obligation for a franchisee, a
franchisee shall reimburse the City for all reasonable
]2
costs or damages in excess of revenues from the system
13
received by the City that are the result of a
14
franchisee's failure to perform.
15
16
13.36.310 Franchise Renewal.
17
The provisions of Section 626 of the Act, or other
18
]9 applicable federal or state law, will govern the actions of the
20 City and a franchisee in proceedings relating to franchise
21 renewal. The City expressly reserves the right to establish
22 guidelines and monitoring systems in accordance with the
23 provisions of the Act to measure the effectiveness of a
24 franchisee's performance during the term of such franchise.
25
26
[xhib~ 'A' O~inance No. 4625
April 26, 1993
Page 34
1
13.36.320 Transfer of Ownership.
A. A franchisee's right, title, or interest in the franchise
shall not be sold, transferred, assigned, or otherwise
4
5 encumbered, other than to an affiliate, without the prior
consent of the City, such consent not to be unreasonably
6
withheld. No such consent shall be required, however,
7
for a transfer in trust, by other hypothecation, or by
8
9 assignment of any rights, title, or interest of the
franchisee in the Franchise or Cable System in order to
10
secure indebtedness. Approval shall not be required for
11
12 mortgaging purposes provided that the collateral does not
13 specifically affect the assets of this franchise, or if
the said transfer is from a franchisee to another person
14
or entity controlling, controlled by, or under common
15
control with a franchisee.
16
B. In any transfer of a franchise requiring City approval,
17
the applicant must show technical ability, financial
18
19 capability, legal and general qualifications as
determined by the City. and must agree to comply with
20
all provisions of the franchise. All costs associated
21
with the transfer process shall be reimbursed to the
22
23 City.
24 C. An assignment of a franchise shall be deemed to occur if
25 there is an actual change in control or where ownership
26
Exhib~ "A' O~inance No. 4625
April 26, 1993
Page 35
of fifty percent (50%) or more of the beneficial
2
interests', singly or collectively, are obtained by other
3
4 parties. The word "control" as used herein is not
limited to majority stock ownership only, but includes
5
actual working control in whatever manner exercised.
D. Regardless of the circumstances, a franchisee shall
7
8 promptly notify the City prior to any proposed change,
9 transfer, or acquisition by any other party of a
franchisee's company. In the event that the City adopts
]0
a resolution denying its consent and such change,
1]
transfer or acquisition of control has been effected, the
12
13 City may cancel the franchise.
14
13.36.330 Removal & Abandonment; Franchisee Property.
15
A. The City may direct a franchisee to temporarily
16
disconnect or bypass any' equipment of a franchisee in
17
order to complete street construction or modification,
18
install and remove underground utilities, or for other
19
20 reasons of public safety and efficient operation of the
2] City. Such removal, relocation or Other requirement
22 shall be at the sole expense of a franchisee.
23 B. In the event that the use of any part of the cable system
24 is discontinued for any reason for a continuous period of
25 twelve (12) months, or in the event such system or
Exhib~ "N Ordinance No. 4625
April 26, 1993
Page 36
1
2 property has been installed in any street or public place
without complying with the requirements of the Franchise
3
or other City ordinances or the Franchise has been
4
terminated, cancelled or has expired, a franchisee shall
5
6 promptly, upon being given ten (10) days' notice, remove
within ninety (90) days from the streets or public places
7
all such property and poles of such system other than any
8
which the City may permit to be abandoned in place. In
9
the event of such removal, a franchisee shall promptly
10
restore the street or other areas in accordance with
11
local regulations and standards from which such property
12
has been removed to a condition similar to that existing
13
before such removal and satisfactory to the City. Such
14
15 approval shall not be unduly withheld.
C. Any property of a franchisee remaining in place ninety
]7 (90) days after the termination or expiration of the
franchise shall be considered permanently abandoned. The
]8
]9 City may extend such time not to exceed an additional
20 ninety (90) days.
21 D. Any property of a franchisee to be abandoned in place
22 shall be abandoned in such manner as the City shall
23 prescribe. Upon permanent abandonment of the property of
24 a franchisee in place, the property shall become that of
25 the City, and a franchisee shall submit to the City Clerk
26
Exhib~"A"O~inanceNo. 4625
April26,1993
Page 37
1
2 an instrument in writing, to be approved by the City
3 Attorney, transferring to the City the ownership of such
4 property. None of the foregoing affects or limits
franchisee's rights to compensation for an involuntary
5
abandonment of its property under state or federal law.
In the event the City and a franchisee are unable to
7
8 agree as to whether an abandonment is voluntary for the
9 purposes of this section, either party may invoke
arbitration to resolve such question.
10
13.36.340 Termination; Revocation for Cause.
12
A. If a franchisee willfully violates or fails to comply
13
with any of the material provisions of a franchise, the
14
15 City shall give written notice to a franchisee of the
16 alleged non-compliance of its franchise. A franchisee
shall have forty-five (45) days from the date of notice
17
of non-compliance to cure such alleged default or, if
18
]9 such default cannot be cured within forty-five (45) days,
20 to present to the City a plan of action whereby such
2] default can be promptly cured.
22 B. If such default continues beyond the applicable dates
23 agreed to for such cure, the City shall give a franchisee
24 written notice that all rights conferred under this
25 chapter and pursuant to its franchise may be revoked or
26
Exhib~ "A* Ordinance No. 4625
April 26, 1993
Page 38
1
terminated by the Council after a public hearing. A
2
franchisee shall be entitled to not less than thirty (30)
4 days' prior notice of the date, time and place of the
5 public hearing. The City may elect, in lieu of the above
and without any prejudice to any of its other legal
7 rights and remedies, to obtain an order from the superior
court having jurisdiction compelling a franchisee to
8
9 comply with the provisions of the franchise and recover
]0 damages and costs incurred by the City by reason of a
franchisee's failure to comply.
1]
12
13.36.350 Effect of Termination for Non-Compliance.
13
14 Subject to state and federal law, if any franchise is
terminated by the City by reason of a franchisee's non-
15
]6 compliance, that part of the system under such franchise
located in the streets and public property, shall, at the
17
election of the City, become the property of the City at a cost
]8
19 consistent with the provisions of Section 627(b)(1) of the
20 Act. If the City, or a third party, does not purchase the
21 system, a franchisee shall, upon order of the City Council,
22 remove the system as required under section 13.36,320 of this
23 chapter.
24
25
[xhib~ ~" O~]nance No. 4825
A~828, 199~
Page 39
1
13,36.360 Indemnity & Hold Harmless.
A franchisee will indemnify and hold harmless the City from
3
4 any and all liabilities, fees, costs and damages, except in the
5 case of judicially determined gross negligence and/or willful
misconduct of the City, whether to person or property, or
7 e.xpense of any type or nature which may occur to the City by
reason of the construction, operation, maintenance, repair and
8
alteration of a franchisee's facilities or.any other actions of
9
a franchisee in the City. In any case in which suit or action
10
is instituted against the City by reason of damage or injury
11
caused by a franchisee, the City shall cause written notice
12
thereof to be given to a franchisee and a franchisee thereupon
13
shall have the duty to appear and defend any such suit or
14
15 action, without cost or expense to the City.
16
13.36.370 Insurance.
17
A. A franchisee shall, concurrently with the filing of an
18
]9 acceptance of award of any franchise granted hereunder,
20 furnish to the City and file with the City Clerk, and at
21 all times during the existence of any franchise granted
22 hereunder maintain in full force and effect, at its own
23 cost and expense, a general comprehensive liability
24 insurance policy, for the purpose of protecting the City
25 and all persons against liability for loss or damage, for
26
[xhib~ "A' O~inance No. 4625
Ap~J 26, 1998
Page 40
]
2 personal injury, death and property damage, and errors or
3 omissions, occasioned by the operations of a franchisee
under such franchise, such policy to provide minimum
4
limits of one million dollars ($1,000,000.00) for both
5
6 personal injury and/or property damage.
B. The policies mentioned in the foregoing paragraph shall
7
name the City as additional insured and shall contain a
8
9 provision that a written notice of cancellation or
reduction in coverage of said policy shall be delivered
10
to the City thirty (30) days in advance of the effective
11
date thereof. If such insurance is provided by a policy
12
which also covers a franchisee or any other entity or
13
14 person other than those above named, then such policy
shall contain the standard cross-liability endorsement.
15
13.36.380 Performance Bond.
17
A franchisee shall promptly repair or cause to be repaired
]8
19 any damage to City property caused by a franchisee or any agent
of a franchisee. A franchisee shall comply with all present
20
and future ordinances and regulations regarding excavation or
21
construction and, if deemed necessary by the City, shall be
22
23 required to post a performance bond or other surety acceptable
to the City in an amount specified by the City in favor of the
24
25 City warranting that all restoration work will be done promptly
Exhibit "A' Ordinance No. 4625
April 26, 1993
Page 41
1
and in a workmanlike manner and that penalties, if any, after
2
final adjudication are paid to the City within ninety (90) days
3
of such finding.
4
5
13.36.390 Franchising Costs.
6
A franchisee shall pay to the City upon acceptance of any
7
franchise granted hereunder the City's out-of-pocket costs
8
associated with the franchising process. The City shall
9
10 provide the franchisee an itemization of its anticipated costs.
Such payment is in addition to franchise fee payments. Payment
11
is due within thirty (30) days of receipt of appropriate
invoice from the City.
13
14
13.36.400 Equalization of Civic Contributions.
15
A. In the event of one or more franchises being granted
16
17 pursuant to the provisions of this chapter, the City may
18 require that such subsequential franchisees pay to the
]9 City an amount proportionally equal to franchising costs
20 contributed by the initial franchisee. These costs may
21 include, but are not limited to, such features as access
22 and institutional network costs, bi-directional or
23 equivalent cable installed to municipal buildings and
24 similar expenses.
25
26
Exhib~ "A' O~inance No. 4625
April 26, 1993
Page 42
]
B. On the anniversary of the grant of each later awarded
3 franchise, such franchisees shall pay to the City an
amount proportional to the amount contributed by the
4
5 original franchisee, based upon the amount of subscribers
held by such franchisees.
C. Additional franchisees shall provide all PEG access
7
channel(s) and the emergency override system currently
8
available to the subscribers of existing franchisees. In
9
order to provide these access channels, additional
]0
franchisees may interconnect, at their cost, with
]]
]2 existing franchisees, subject to any reasonable terms and
conditions that the existing franchisee providing the
13
interconnection may require. These interconnection
14
15 agreements shall be made directly between the
franchisees. The City Council, in such cases of dispute
of award, may be called upon to arbitrate regarding these
17
18 arrangements.
19
13.36.410 Inconsistency.
20
If any portion of chapter should be inconsistent or conflict
21
22 with any rule or regulation now or hereafter adopted by the FCC
23 or other federal law, then to the extent of the inconsistency
24 or conflict, the rule or regulation of the FCC or other federal
25 law shall control for so long, but only for so long, as such
26
Exhib~ ~' Ordinance No. 4625
April 26, 1993
Page43
rule, regulation, or law shall remain in effect; provided the
2
3 remaining provisions of this chapter shall not be effected
4 thereby.
5
13.36.420 Severability.
6
Each section, subsection or other portion of chapter shall
7
be severable and the invalidity of any section, subsection, or
8
other portion shall not invalidate the remainder.
9
10
11
12
13
]4
]5
17
]9
20
25
Exhib~ 'A' O~inance No. 4825
April 28, 199S
Page 44
1 APPENDIX A
RECOMMENDED CABLE INDUSTRY CUSTOMER SERVICE STANDARD8
3 February 14, 1990
4
The cable industry is dedicated to providing our customers a
consistently high level of service. We are committed to
5 ensuring that our customers receive a variety of quality
programming: reliable, clear signals: and prompt, courteous
6 service. To that end, we, as industry, have voluntarily
7 adopted the following Standards of Customer Service.
Each community and each cable system are different and a
8 reasonable flexibility should be employed in applying these
standards: rigidity will hamper rather than help good customer
9 service. We are confident, however, that the cable industry
as a whole will implement these voluntary standards by July
10
1991, and recommend them for overall operational use by that
date.
11
12
1. Office and Telephone Availability
13
A. Knowledgeable, qualified company representatives will be
available to respond to customer telephone inquiries
14 Monday through Friday during normal business hours.
Additionally, based on community needs, cable systems
15 will staff telephones for supplemental hours on weekdays
16 and/or weekends.
B. Under normal operating conditions, telephone answer time
17
by a customer service representative, including wait
18 time, and the time required to transfer the call, shall
not exceed 30 seconds.
19
Those systems which utilize automated answering and
20 distributing equipment will limit the number of routine
rings to four or fewer. .Systems not utilizing automated
21 equipment shall make every effort to answer incoming
calls as promptly as the automated systems.
22
This standard shall be met no less than ninety percent of
23 the time measured on an annual basis.,
24 C. Under normal operating conditions, the customer will
receive a busy signal less than three percent of the
25 total time that the cable office is open for business.
26
Ordinance No. 462SAppendix"A'
Apd130,1993
Page 45
1
D. Customer service center and bill payment locations will
2
be open for transactions Monday through Friday during
normal business hours. Additionally, based on community
3
needs, cable systems will schedule supplemental hours on
4 weekdays and/or weekends during which these centers will
be open.
5
· In certain smaller cable systems with fewer than 10,000
6 subscribers, systematic measurement of compliance with
some of these standards (e.g. telephone answering time)
will not be cost effective and should not be expected.
7
2. Installation, Outages and Service Calls
8
Under normal operating conditions, each of the following four
9 standards will be met no less than 95% of the time measured on
an annual basis.
11 A. Standard installations will be performed within seven
business days after an order has been placed. "Standard"
installations are up to 150 feet from the existing
12 distribution system.
13
B. Excluding those situations beyond the control of the
cable operator, the cable operator will respond to
14 service interruptions promptly and in no event later than
24 hours. Other service problems will be responded to
15 within 36 hours during the normal work week.
16
C. The appointment window alternatives for installations
service calls, and other installation activities will be
17
(a) morning, (b) afternoon, or (c) all day during normal
business hours. Additionally, based on community needs,
18
cable systems will schedule supplemental hours during
which appointments can be set.
19
20 D. If, at any time an installer or technician is running
late, an attempt to contact the customer will be made and
21 the appointment rescheduled as necessary at a time which
is convenient for the customer.
22
3. Communications, Bills and Refunds
23
A. The cable company will provide written information in
24 each of the following areas at the time of
installation and at any future'time upon request:
25 products and services offered
26
Ordinance N0.4625Appe.dix'A'
Apri~S0, J993
Page 46
] prices and service options
· installation and service policies
2
how to use the cable service
B. Bills will be clear, concise and understandable.
4
C. Refund checks will be issued promptly, but no later than
the earlier of 45 days or the customer's next billing
5
cycle following the resolution of the request, and the
return of the equipment supplied by the cable company if
8 service is terminated.
7
D. Customers will be notified a minimum of 30 days in
advance of any rate or channel change, provided the
8 change is with in the control of the cable operator.
9
10
]1
12
13
14
15
]7
18
19
20
2]
22
23
24
25
26
Ordinance No. 4625 Appendk "A"
Apdl 30, 1993
Page 47