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3 Ordinance No. 3758
4 AN ORDINANCE ADDING CHAPTER 47, ENTITLED "VIDEO CUSTOMER SERVICE
5 REGULATIONS", TO THE BUTTE COUNTY CODE
6
7 The Board of Supervisors of the County of Butte ordains as
8 follows:
9 Section 1.. Enactment of Cha ter 47. Chapter 47 is added to the Butte
10 County Code to read as follows:
11 Chapter 47. VIDEO CUSTOMER SERVICE REGULATIONS.
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13 Section 47-1. Authorit Citation and A licabilit This Chapter
14 is enacted by the Board of Supervisors pursuant to the authority
15 granted to it by: Article I, Section 1 of the Butte County Charter;
16 Article XI, Section 7 of the California Constitution. The regulations
17 herein may be cited as the `Customer Service Regulations' and sha11
18 apply only to video services provided by Video Providers.
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20 Section 47-2. Definitions. The definitions set forth below sha11
21 apply to this Chapter.
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23 Section 47-2.01. "Adequate Staffing" as used herein means that
24 sufficient Customer Service. Representatives are available to respond
25 to customer inquiries within the required Telephone Answer Time
26 hereunder.
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2 Section 47--2.02 "Basic Service Level" as used herein means any
3 service tier which includes the retransmission of local television
4 broadcast signal.
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6 Section 47-2.03 "Business Day" as used herein means any day which is
7 not a Sunday and not a designated state or federal holiday.
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9 Section 47-2.04 "Business Hours" as used herein means a nine (9} hour
10 period on any Business Day that falls on any weekday (Monday through
11 Friday} and a five (5} hour period on any Saturday.
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1~ Section 47-2.05 "Channel Outage" as used herein means a loss of a
14 cable signal for at least one channel of cable service reported to the
15 Company and simultaneously affecting at least ten (10} Customers or
16 otherwise confirmed by the Company but which is not a Service Outage.
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18 Section 47-2.06 "Channel Positioning" as used herein means the cable
19 system channel number on which various programming is located and to
20 which Customer equipment is set for the reception of said programming.
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22 Section 47-2.07 "Closing Date" as used herein means the date of a
23 Business Day through which all charges are imposed and payments and
24 credits reflected far any given billing.
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26 Section 97-2.08 "Collection Action" as used herein means any
27 initiation of adverse credit evaluation or referral to any credit
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2 reporting agency, association, or bureau not owned or operated by the
3 Company and/or the threatened or actual initiation of legal action.
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5 Section 47-2.09 "Company" as used herein means any person or entity
6 which constructs and/or operates a cable television system which
7 occupies in whole or any part the public rights of way, including
8 without limitation public utility easements and, to the extent
9 authorized by law, other Video Providers as that term is defined by
10 the Video Customer Service Act (Cal. Govt. Code ~~ 53088 et seq.,
11 provided that no failure, refusal or neglect an the part of the
12 Franchise Authority to enforce the provisions hereof against such
13 Video Providers wha are not Franchisees or Licensees of the Franchise
14 Authority shall be a defense or mitigation to any degree whatever to
15 any enforcement by the Franchise Authority against such Franchisees
16 and/or Licensees.
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1$ Section 472.10 "Customer" as used herein means any person in a
19 building comprising four (4) or fewer residential units utilizing
20 video Cable Service provided by the Company for consideration.
21 "Customer Service Representative" as used herein means an agent,
22 employee, or contractor of the Company authorized and empowered to
23 bind the Company as to the subject matter of the Standard utilizing
24 the term "Customer Service Representative."
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26 Section 47-2.11 "Customer Service Supervisor" as used herein means one
27 or more agents, employees, or contractors of the Company authorized
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2 and empowered by the Company to control and direct the activities of
3 Customer Service Representatives.
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5 Section 47-2.12 "Deposit" as used herein means all amounts paid by a
6 Customer which are not credited to a current charge otherwise
7 attributable to Customer within ten (10} Business Days after receipt
8 thereof.
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10 Section 97-2.13 "Downgrade" as used herein means a change, deletion,
11 and/or modification of a Customer's subscriptions to premium services
I2 and/or service tiers above the Basic Service Level which results in
13 a net deletion of at least one premium service and/or one service tier
14 above the Basic Service Level.
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16 Section 47-2.14 "Due Date" as used herein means the date of a Business
17 Day not less than ten (10} days after the inception of the period of
18 cable television service for which the billing is being made by which
19 date payment of the billing is due.
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21 Section 47-2.15 "Franchise Authority" as used herein means the County
22 of Butte, or the County of Butte's designee, as it is empowered by
23 Federal, State, or local law to authorize the construction and/or
24 operation of a cable television system by franchise, permit, license,
25 contract, resolution, certificate ar any other agreement or
26 authorization.
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2 Section 47-2.16 "instrument of Payment" as used herein means any means
3 by which a Customer makes payment to the Company, including without
4 limitation cash, check, draft, money order or electronic funds
5 transfer.
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7 Section 97-2.17 "Person" as used herein means any individual or any
8 association, firm, general partnership, limited partnership, joint
9 stock company, joint venture, trust, corporation, limited liability
10 company or other legally recognized entity, private or public, whether
11 for-profit or not-for-profit.
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13 Section 97-2.18 "POOr Signal Quality" as used herein means a signal
14 reception by a Customer below the standards for such a signal as
15 adapted by the Federal Communications Commission, including without
lb limitation Part 7~ of the Federal Communications Commission Code.
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18 Section 47-2.19 "Pre-Cable Condition" as used herein means the array
19 and inter-connection of the Customer's equipment, including without
20 limitation connection to interior and/or exterior antenna as the
21 Customer's equipment was connected and arrayed immediately prior to
22 installation and inception of delivery of cable service by the Company
23 and/or its predecessor in interest.
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25 Section 97-2.20 "Service Ca11" as used herein means any work requiring
2b the visit of the Company's representative to the point of service and
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2 any appointment requiring the presence of the Customer, including
3 without limitation installation, repair and additional outlets.
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5 Section 47-2.21 "Service Center" as used herein means a fixed location
6 where Customers and potential customers may conduct business with the
7 Company.
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9 Section 47-2.22 "Service Outage" as used herein means a loss of all
10 channels upon the cable system resulting from a common cause reported
11 to the Company and simultaneously affecting at least ten (10)
12 Customers or otherwise confizmed by the Campany within a given
13 geographical area defined by the Company of not less than one-half (~)
14 square mile.
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16 Section 47-2.23 "Standard Installation" as used herein means that
17 active cable is in the easement within one hundred twenty-five (125}
18 feet or such greater distance and circumstance as is defined as a
19 `standard installation' in the Company's franchise agreement with the
20 Franchise Authority.
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22 Section 47-2.24 "Telephone Answer Time" as used herein means that
23 period of time from the first ring to the Company to the
24 acknowledgment or answer by a Customer Service Representative or to
25 the menu selection presented by an Automatic Response Unit ("ARU"),
26 and includes all waiting and/or "on hold" time. Acknowledgment by an
27 ARU without providing the Customer or potential customer the
2 opportunity to select from the menu of options shall not be considered
3 answering the call within the meaning of these Regulations.
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5 Section 47-2.25 "Toll-Free" as used herein means that no charge shall
6 be imposed upon a party calling from a residential, flat rate
7 telephone at a point of service delivery.
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9 Section 472.26 "Video Provider" as used herein means a video provider
10 as defined in California Government Code §53088.1 (a) and California
11 Business and Professions Code §22770 (b), as said definitions may be
12 amended from time to time.
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14 Section 47-3. Office Availability. The Company shall provide a
15 Service Center located within the boundaries of the County with
16 Adequate Staffing to serve the public and Customers not less than
17 eight (8) hours per Monday through Friday Business Day and for not
1$ less than an additional five (5) hours between the hours of 5 p.m. on
19 Friday and 8 a.m. on the following Monday, and to provide at least the
20 following services to Customers and potential customers:
21 (1? Accept payments,
22 (2) Issue, exchange or accept return of remote controls,
23 converters or other equipment,
24 (3) Respond to inquiries and/or complaints, and
25 (4) Schedule installation, service or technical calls.
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2 Section 47-4. Telephone Access. During Business Hours, as defined
3 herein, the Company shall maintain Toll-Free telephone access lines
4 with Adequate Staffing by trained Customer Service Representatives to
5 provide Customer Service. Outside Business Hours as defined herein,
6 an Adequately-Trained answering service or automated answering device
7 is permissible.
8 (1) "Customer Service" includes, without limitation, answering
4 questions, responding to complaints, dispatch of personnel in
10 situations affecting the health and safety of persons, providing
11 information as to Business Hours, and appropriate telephane
12 numbers for Business Hour contacts.
13 (2) "Adequately Trained" includes without limitation the
14 capability to provide Customer Service services.
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16 Section 47-5. Telephone Service. Under normal operating conditions,
17 Telephone Answer Time by a Customer Service Representative or ARU,
18 including wait or on-hold time, shall not exceed thirty (30) seconds;
19 this requirement shall be attained not less than ninety percent (900)
20 of the time when measured on a quarterly basis. If an ARU is
21 utilized, the message shall, within thirty (30) seconds after
22 answering the Customer's call, give the Customer the option of
23 speaking to a Customer Service Representative, and the transfer time,
24 including wait or on-hold time, shall not exceed thirty (30) seconds;
25 this requirement shall be attained not less than ninety percent (90 a)
26 of the time when measured on a quarterly basis. Under normal
27 operating conditions during Business Hours, busy signals shall not
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2 occur more than three percent (30} of the time; this requirement
3 shall be attained nat less than ninety percent (900} of the time when
4 measured on a quarterly basis. Tn the event that the Company's
5 existing telephone equipment shall not be sufficiently sophisticated
6 in capability to record, recall and report data as to compliance with
7 the foregoing, the Company shall, within one (1) year of the effective
8 date hereof, submit a plan of compliance ("Telephone Compliance Plan")
9 to the Franchise Authority for approval which shall provide (1} a
10 period of time within which the Company shall acquire equipment of
11 sufficient technical sophistication to record, recall. and report such
12 data, (2) assurance that the Company will not, in the interim, acquire
13 any additional equipment which is not capable of such recording,
14 recalling and reporting, and (3) the Company will, in the interim,
15 undertake reasonable objective sampling observations of its telephone
16 service to estimate its compliance with the foregoing standards and
17 report the results of that sampling to the Franchise Authority. The
18 Telephone Compliance Plan shall be subject to the reasonable approval
19 of the Franchise Authority.
20
21 Section 47-6. Resolution of Com laints Relatin to Customer Service
22 Representatives. The Company may elect to resolve complaints of
23 Customers regarding the handling and or resolution of their matters
24 by Customer Service Representatives in one of the two following ways,
25 depending upon its organizational. structure.
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(1) If the Company elects an organizational structure which does
not allow Customers to speak with Customer Service Supervisors,
and a Customer requests to speak with a Customer Service
Supervisor ar otherwise evidences dissatisfaction with the
handling and/or resolution of the Customer's matter by the
Customer Service Representative, the Customer Service
Representative sha11 orally advise the Customer of the Customer's
right to file a written complaint regarding the handling and/or
resolution of the Customer's matter by the Customer Service
Representative with the Company and/or with the Franchise
Authority, offer to provide the Customer with a farm devised by
the Company for that purpose and, upon request of the Customer
so provide that form.
(2) If the Company elects an organizational structure which does
allow Customers to speak with Customer Service Supervisors, and
if a Customer requests to speak with a Customer Service
Supervisor or otherwise evidences dissatisfaction with the
handling and/or resolution of the Customer's matter by the
Customer Service Representative and no Customer Service
Supervisor is available, the Customer Service Representative
shall record the pertinent information, and the Customer Service
Supervisor shall return ,the telephone call of the Customer within
one (~.) Business Day. If the Customer Service Supervisor shall
not achieve direct contact with the Customer on the return call,
the Customer Service Supervisor shall leave in any message for
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2 the Customer, a direct dial or extension number which wi11 reach
3 the Customer Service 5uperviso.r for the subsequent use of the
4 Customer. If the Customer does not answer and an answering
5 machine is not in use, the Customer Service Supervisor sha11 be
6 deemed to have fulfilled this obligation by documenting the date
7 and time of the Supervisors efforts to reach the Customer.
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9 Section 47-7. Customer Service Representative Identification. Far
1Q purposes of documenting the Customer's communications with the
11 Customer Service Representative, the Customer Service Representative
12 shall provide the Customer with his or her name and/or his or her
13 Customer Service Representative number, or other identification
14 utilized by the Company.
15
16 Section 97-8. Telephone T~istings. Company telephone numbers shall be
17 listed conspicuously on all customer balls, and in the major
1g directories published by all telephone companies operating within
lg boundaries of the Franchise Authority. Numbers that are inadvertently
20 omitted by the Company shall be inserted in the next available
21 publishing schedule of the directories.
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23 Section 97-9. Franchise Authority Identification. Telephone number(s)
24 and address (es) of the Franchise Authority shall be listed
25 conspicuously on all customer bills.
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2 Section 97-10. Installation. All Standard Installations shall be
3 performed within seven (7) Business Days after an order has been
4 placed by the Customer, except in those instances in which the
5 Customer specifically requests an installation date beyond the seven
6 (7) Business Day period. This requirement shall be met with regard
7 to at least ninety-five percent (95o) of all such installations,
8 measured on a quarterly basis.
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14 Section 47-11. Voluntary Disconnection and Cessation of Billing. The
11 Customer shall have the right to disconnect service at any time. In
12 the instance of a voluntary disconnection, cessation of billing shall
13 be effective upon the earlier of:
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15 (1) The Business Day the Customer makes the requESt, if the
16 Customer has no Company-owned equipment, or
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1$ (2) The Business Day the Customer returns all Company-owned
19 converters and other equipment to the Company or one of its
2Q approved agents, or
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22 (3) The day of an appointment, mutually scheduled as between the
23 Company and the Customer, at which the Company retrieves all
24 Company-owned equipment that is in the Customer's possession.
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26 a. A Customer requesting this option for equipment
27 retrieval may request the Company to reconnect his/her
television equipment to its Pre-Cable Condition at the time
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of that appointment. If the restoration of Pre-Cable
Condition of the Customer's equipment cannot be restored
due to the loss, deterioration or misplacement of necessary
equipment by the Customer, the Company shall be excused
from the restoration.
b. The mutually scheduled appointment shall occur within
seven (7) Business Days following the Customer's request
for disconnection.
c. Should the Customer, after advisement of the effect of
such a request a scheduled pick-up of equipment beyond the
aforesaid seven (7) Business Day period the effective date
for the cessation of billing shall be extended by that
number of days by which the scheduled date exceeds the
aforesaid seven (~) Business Day period.
d. Should the Customer fail, neglect, or refuse to keep the
first scheduled appointment for the pick-up of the
Company's equipment, the effective date for cessation of
billing shall be extended to the next scheduled date of
pick-up.
e. If the Company should fail, neglect or refuse to pick-up
the Company equipment at the agreed upon appointment
Company shall:
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2 (1) Provide the Customer with a credit in the amount
3 specified by Section 47.20(1) below, and
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~ (2) Thereafter, schedule any further appointments for
5 the pick-up of the equipment at the reasonable
~ convenience of the Customer.
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9 (3) The Company, at its option, may provide the
10 Customer with mailers far postage prepaid return of
11 the Company equipment in lieu of the foregoing pick-up
12 procedure, or accept return of the equipment COD.
13
14 Section 47-12. Collection Acta.ons. With respect to voluntary
15 disconnections pursuant to the preceding section, the Company shall
16 not initiate any Collection Action against a Customer by reason of the
17 failure to return any cable equipment unless and until the Company and
18 the Customer shall have fully complied with provisions of Section 47-
19 11 above.
20
21 Section 47-13. Junction Box Disconnection. The Company in its sole
22 discretion, and upon evidence of theft of service by the Customer or
23 former Customer, may remove its wires from the junction of its
24 distribution system to the outer wall of the Customers or former
25 Customer's dwelling. The Company must repair all damage to exterior
26 walls of the structure so as to prevent any damage resulting from the
~~ elements or other external sources.
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2 Section 47-14. Service Call Response Times. The Company shall.
3 maintain a sufficient number of repair technicians and related support
4 staff, equipment, and facilities to enable the Company to respond to
5 a Customer request for service in all reasonably anticipated
6 circumstances within the following time limitations:
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g (1) For Service Outages - response within three (3} hours,
9 including weekends and holidays, after the receipt of notice from
10 Customers meeting the minimum criteria of a Service Outage.
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12 (2) For a Channel. Outage - response within nine (9) Business
13 Hours after the receipt of a request far service from Customers.
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15 (3) For Poor Signal Quality - response within eighteen (18)
16 Business Hours after the receipt of a request for repair and/or
17 rectification of such Poor Signal Quality.
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19 47-15. Service Call Schedulin .
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21 (1-) The Company shall offer Customers not less than three ( 3 )
22 "appointment window" alternatives for Service Call appointments
23 (as necessary to meet Customer convenience), each of which sha11
not exceed a specific four (4) hour time block, and upon request
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of the Customex, the Company shall schedule an appointment
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accordingly, or
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2 (2) The Company may schedule a Service Call at any other time
3 during its Business Hours if acceptable to Customer.
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S Section 97-16. Service Call Alternatives. In lieu of a Service Call,
the Company may arrange for the return and replacement of converters,
7 remote controls and/or other Company equipment through the use of
g parcel delivery services, COD parcel service, and/or postage pre-paid
9 mailers at the sole cost of the Company. The Company may provide
lp Customers with the option of delivery and exchange of converters and
11 other Company equipment at specified locations of the Company and/or
12 its agents. The Company shall disclose to its Customers no less than
13 once each year the availability of this service.
14
15 Section 97-17. Service Call Response Criteria. The Company shall be
lb deemed to have responded to a request for service or to the Pre-Cable
17 Condition reconnection requirement far the purposes of determining
lg compliance with time limitations of this section when a qualified
19 Company technician arrives at the Customer's location (ar the site of
24 the problem requiring correction if other than the Customer's
21 location} and. begins work in response to the request at the time
2~ scheduled or during the four-hour block arranged with the Customer,
2~ provided that the qualified Company technician continues said work
24 without cessation to completion and rectification to the extent
25 reasonably possible. The service call shall be considered completed
26 upon a determination that no service problem related in any way to
z7 Company equipment remains to be remedied and that the signal quality
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2 meets or exceeds the guidelines set forth by the FCC. In the case of
3 a Customer not being home when the technician arrives, the technician
4 will leave written notification of arrival and the Customer will be
S provided information on rescheduling the appointment. Two successive
6 failures of the Customer to be present at the appointed time shah.
7 excuse the Company of the duty to respond. Moreover, the Company
8 shall be excused from responding at the agreed-upon time for a service
9 call, if the Customer does not answer at least one of two telephone
10 calls placed by the Company at least ten (10) minutes apart during the
11 `appointment window' agreed-upon with the Customer, provided that (a}
12 the Customer was told, during the telephone conversation in which the
13 agreed-upon window was selected, that the Company would make two such
14 telephone calls prior to arrival of the Company's representative, and
15 (b) the Company has retained records generated by a third-party of the
16 two calls to the Customer during the `appointment window.'
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lg Section 47-18. No Charge for Cable-Related Service Call. A Customer
19 shall not be charged for a Service Call unless the service request can
20 be demonstrated by the Company to be proximately caused by Customer
21 negligence or damage to the Company equipment due to the failure of
22 the Customer to reasonably protect the Company-owned equipment {e. g.
23 dog chewing, etc), and to be unrelated to the Company's system or
24 service.
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26 Section 47--19. Force Ma'eure. The Company shall nat be excused from
27 any provision of these Regulations by reason of any cause or excuse
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2 except for causes which are not reasonably foreseeable and which are
3 beyond the control of the Company. Causes which have not been
4 contributed to or aggravated by acts or omissions by the Company shall
5 only be excused to the extent Company's acts or omissions did not
6 contribute to the lack of compliance.
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g The following are examples of acts or omissions by the Company
9 or circumstances which shall be deemed not to be beyond the control
10 of the Company and which shall not constitute excuses or
11 justifications far violations:
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13 (1) The failure at any time by the Company or its officers,
14 agents or employees to exercise da.ligence in planning,
15 organizing, arranging for or prosecuting the work of construction
16 and installation, or in taking any other action necessary to
1~ permit or facilitate the work of construction and installation;
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19 (2) Unanticipated cost increases or insufficiency of capital with
20 which to take actions necessary to comply or facilitate
21 compliance with any of the terms, prova.sions and conditions of
22 these Regulations;
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24 (3} Considerations relating to economy or cost efficiency, as
2$ respects acts or omissions by the Company;
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2 (4) Delays occasioned by the failure of the Company to diligently
3 apply for and prosecute any request for a required certificate,
4 approval or consent from the FCC or other governmental body;
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6 (5) Delays occasioned by the customary and usual time required
7 to obtain approval to attach lanes to poles owned by private or
g public utilities or in the attaching of cable to the poles;
9 provided that if the Company submits all plans and documentation
1Q required by private or public utility in connection with the
11 approval to attach lines to poles, any time consumed by such
12 approval process which is longer than that provided by CPUC
13 Decision 98-10-05 Appendix A, Sections III and IV shall be deemed
1~ to excuse the Company from any violations which are proximately
15 caused by such delay in excess of the periods provided therein.
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17 Examples of circumstances beyond the control of the Company which
lg excuse the Company from violation and being in breach of the terms,
lg provisions and conditions of these Regulations, to the extent and only
2~ to the extent that such violations are caused thereby, include the
21 following: strikes, acts of public enemies; orders by military
22 authority or civil emergency authorities; insurrections; riots;
23 epidemics; landslides; lightning; earthquakes; fires; floods; civil
24 disturbances; explosions; and/or partial or entire failure of
25 utilities.
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2 Section 97-20. Company Failure to Eieep Appointment. For each
3 otherwise unexcused failure of the Company to meet any scheduled
4 appointment within the parameters specified in Sections 97-14 through
5 47-18 with a Customer who is available and present therefor, the
6 Company must offer the Customer so affected, in the sole discretion
7 of the Customer after providing oral and/oz written information on
$ each of the options below:
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1p (1) A credit to the Customer's then current biJ.ling balance of
11 not less than twenty dollars ($20}, (pxovided that the Company
12 may, in its discretion, substitute other credits of reasonably
13 comparable value); or
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15 (2) With respect to service connection or repair appointments,
16 an opportunity to elect to seek remedies under California Civil
17 Code Section 1722, if applicable.
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19 The Company shall have the burden of establishing that a.ts
20 representative met the date and time period of the scheduled
21 appointment and that the Customer was not present or available. The
22 Company may discharge its obligation to provide information regarding
Z3 Civil Code section 1722 under subsection (2} above by providing the
24 Customer with a written summary of the provisions thereof which has
25 theretofore been reviewed as to farm and content by the Franchise
2b Authority. The Customer shall not be deemed to have made an election
27 unless and until the Company shall demonstrate that it has informed
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2 the Customer orally or in writing that, by his/her acceptance of the
3 credit specified above, the Customer Shall have waived his/her
4 remedies under the Civil Cade for the missed appointment. Nothing in
5 the foregoing shall be construed to limit the Company's authority to
6 offer a larger credit to Customers than that specified, provided that
7 the same amount of credit shall be offered to all similarly situated
S Customers in any given period of time. Any credit or payment made to
9 Customers under this section shall be deemed a penalty for failure to
10 meet the requirements of these Regulations and such expense shall not
11 be passed through to Customers in rates or charges for any reason.
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13 In addition to the foregoing, the Company shall establish the
14 next succeeding service call at a specific date and time agreed to the
15 Company and the Customer.
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17 Section 47-21. Credit for Outage. Upon a telephone or written request
18 of a Customer which is received by the Company within seven {7)
19 Business Days asserting that the Customer has experienced an outage
20 which, if taken together with others could constitute a Channel Outage
21 or Service Outage, has occurred, the Company shall investigate and
22 substantiate the cause of the outage or interruption. For outages
23 which are not excused pursuant to Section 47-19 above, the Company
24 shall credit the Customers account in an amount equal to one (1} day's
25 proration of the total monthly charges to the Customer for that month.,
26 exclusive of taxes, for each increment of twenty-four (29) hours or
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2 portion thereof in excess of the initial four (4) hours of tame of the
3 outage of one or more channels.
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~ Section 47-22. Refund Check Processin Tame. In the event that a
refund is due to a Customer at the time of a service disconnection,
7 such refund amount must be paid to the Customer within thirty (30)
g Business Days after such disconnection provided that all equipment of
9 the Company shall have theretofore been returned.
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11 Section 47-23. Billing Detail. Every Company billing to a Customer
12 shall be clear, concise and understandable. Bills must be fully
13 itemized, with itemizations including, but not limited to, basic and
14 premium service charges and equipment charges. The bill must also
IS specify:
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17 (1) A Due Date for the payment thereof which is not less than ten
18 (10) days after the inception of the period of cable television
~~ service for which the billing is being made. In the case of a
20 delinquent account, the Due Date may be listed as `On Receipt';
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22 (2) The Closing Date of the billing;
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24 (3) The amount(s) of all payments and other credits applicable
25 through the Closing Date.
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Accounts which may be subject to the following charges shall
also include the following on their bills:
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2 (4) The amount of the Late Charge, if any, which. shall be imposed
3 by the Company for instruments of payment received after the Due
4 Date;
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6 (5) The amount of any additional fee, if applicable, which may
~ be imposed by the Company in connection with any field collection
g efforts.
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lp Section 47-24. Late Char es. No late charge may be imposed on any
11 contract or account except in strict compliance Cal. Govt. Code §
12 53088.
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14 Section 47-25. De osits. In the event that the Company retains any
15 Customer Deposits, said Deposit{s) shall accrue interest at a rate
16 equal to the effective interest rate far new issues of one--year United
17 States Treasury Bills, issued during the last week of October of each
18 year. This interest rate rounded to the nearest percent shall apply
19 to all Deposits held during the subsequent calendar year. If, at any
20 time, the Deposit is applied to an outstanding balance of a Customer,
21 the interest on the Deposit sha11 be prorated.
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Z3 Section 47-26. Involuntary Disconnections. The Company shall not
24 disconnect service to a Customer for non-payment of amounts due until
2S the Company has provided a written notice of its intent to do so to
26 the Customer. The notice shall be mailed na earlier than ten days
27 after the Due Date, and at least fifteen {15) days in advance of the
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2 proposed disconnection. The notice shall specify, at a minimum, the
~ following:
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5 (1) The proposed date of disconnection of service;
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~ (2) The total payment required and the date by which payment is
& required in order to avoid disconnection, including. any
9 permissible Late Charge pursuant to section 47-24 above;
10
11 (3) The total amount in arrears, if that amount differs from the
12 payment required to avoid disconnection; and
13
14 (4) The telephone number of a Customer Service Representative
15 authorized to explain, adjust and resolve such proposed
16 disconnection.
17
In the event that the Company's system is incapable of
18
19 disconnecting or interrupting the Customer's cable television service
by remote action of the Company at the head-end and that a service
20
21 call is necessary to the Customers location to effect such an
22 involuntary disconnection, the Company may impose a disconnection fee
23 ("Disconnection Fee") not in excess of Ten (~10) Dollars in addition
24 to the Late Charge permitted by section 47-24 above, provided that the
amount and circumstances of imposition of the Collection Fee shall
25
26 have theretofore been disclosed to the Customer in the Billing Detail
pursuant to section 47-23 above, in the notice of intent to
27
involuntarily disconnect pursuant to this section and in the General
1
2 Rate and Programming Disclosure pursuant to section 47-30 et seq. Such
3 a Disconnection Fee may not be imposed in any other circumstances
4 other than those specified in this section. Nothing in the foregoing
5 shall be deemed to preclude the Company from assessing a field
6 collection fee pursuant to Cal. Govt. Code § 53088.7(b).
7
g Section 47-27. Disconnection and Downgrade Char es. The Company shall
9 not impose any fee or charge for:
10
11 (1) Complete disconnection of service; or
12
13 (2) Downgrading to lesser levels of service if such downgrading
14 is accomplished solely by computer entry or similar simple
15 method, and is requested within thirty (30) days after the
16 Company has given notice of a change in rates affecting the
17 services theretofore received by the Customer, or
18
19 (3) Downgrading from any new or additional level of service
2~ within thirty ( 30 ) days after the Customer adds such level of
21 service if the service was ordered by the Customer as a result
of a telephone solicitation, provided that the Company shall be
22
23 obligated to provide only one such downgrade to each Customer
2~ without charge.
25
Section 47-28. Escrow Account. The Company may, at its option,
26
2,~ establish a supervised escrow account wherein a Customer may be
required to deposit the disputed portion of any charge pending final
1
2 determination of the accuracy or legitimacy of that charge, provided
3 that if a final determination as to the accuracy or legitimacy of the
4 charge has not been completed within ninety (90) days from the date
5 of the Customers deposit therein, any such deposit shall be returned
b to the Customer notwithstanding the continuing pendency of the dispute
7 resolution procedure. The nature, location, supervision and other
8 procedures relating to the use of such an escrow account are subject
9 to the approval of the Franchise Authority.
10
11 Section 47-29. Customer Credit Reporting. The Company may not
12 disclose, refer, enter or cause or allow to be disclosed, referred or
13 entered ("referral"), any negative report to any consumer credit
14 reporting agency, association, or bureau relating to the payment
15 performance of Customer until the Company has provided a written
16 notice of its intent to do so to the Customer. For purposes of this
17 section, any comment or evaluation other than "as agreed" shall be
1$ deemed to be a it 'negative" report . The notice shall be mailed,
19 separately from the Customers billing, at least seven (7) Business
2p Days in advance of the proposed referral, or, in the alternative, may
21 be delivered personally at least five (5) Business Days in advance of
22 the referral. The notice shall specify, at a minimum, the following:
23
24 (1) The date and nature of the proposed referral;
25
26 (2) The total payment required to avoid referral;
z~
1
2 (3) The total amount in arrears if that amount differs from the
~ payment required to avoid the referral;
4
~ (4) The telephone number of a Customer Service Representative
6 authorized to explain, adjust and resolve such proposed referral;
7
8 (5) The name and address of each entity or agency to whom the
9 Company proposes to make such referral together with advisement
10 that the Customer is entitled to advise said entity or agency of
11 the nature and circumstances of the dispute, if any, with respect
12 to said amount and the proposed referral.
13
14 Section 47-30. General Rate and Programming Disclosure. The Company
15 sha11 provide each Customer at the times and in the circumstances
16 specified in these Regulations with a General Rate and Programming
17 Disclosure ("GRP Disclosure"). The GRP Disclosure shall contain at
18 a minimum:
19
20 (1) All of the programming bundling, tiers and combinations,
21 equipment, and services currently available pursuant to the
22 Company's obligations to provide uniform service and rates (and
23 subject to lawful exceptions thereto, such as limited time
24 promotional offers), and the rates and charges which apply
25 thereto, including without limitation all installation charges;
26
27 (2) The Channel Positioning of all programming bundling, tiers
and combinations, and custom Channel Positioning, currently
1
2 available pursuant to the Company's obligations to provide
3 uniform service and rates, public access and leased access to
4 cable facilities (and subject to lawful exceptions thereto, such
5 as limited time promotional offers).
6
7 ( 3 ) The amount (s ) and basis of any required Deposit (s ) and the
g Company's detailed policies and procedures relating to deductions
9 or offsets therefrom;
10
11 (4) The Company's Toll-Free telephone number, office hours,
12 street address and mailing address, including without limitation,
13 the address (es) to which complaints and inquiries may be
14 directed and a telephone number,
15
16 (5) The Company's general billing policies and complaint
17 resolution procedures;
18
19 (5) The full extent of the Customer's liability for Company
20 equipment in the event of loss, damage, or destruction thereof',
21
22 (7) The charges imposed by the Company related to a Customer's
2~ account, including without limitation fees and charges for
returned checks, and late charges;
24
25
(8) Notification of the Customer's right to Downgrade or
26
disconnect service pursuant to these Regulations without charge;
27
1
2 (9) The Customers right to rEfer pxoblems, inquiries or
3 complaints to the Franchise Authority at its designated address
4 and telephone number and to request complete copies of these
5 Regulations from the Franchise Authority;
6
7 (10) The Customer's or potential customer's right to an
g installation within seven (7) Business Days pursuant to the
g provisions of section 47-10 above;
10
11 (11) The Customer's right to a service call appointment within
12 a selection of `appointment windows' pursuant to the provisions
13 of section 47-15 above; and
14
is (12) Notification to the Customer that delivery of a GRP
16 Disclosure precedes any binding obligation in any amount by the
17 Customer for the services or equipment to be provided and that
1S the Customer retains the right to rescind, reject, or modify any
19 earlier incremental service or equipment request which was not
20 accompanied by a GRP Disclosure identifying the costs relating
21 thereto at the time of obligation.
22
23 Section 47-31. When General Rate and Pro ramming Disclosure Re wired.
24 The Company shall. provide each affected Customer with the GRP
25 Disclosure at each of the following times and circumstances:
26
27 (1} Prior to any binding agreement for the provision of initial
cable service to the Customer by the Company (except for those
1
2 agreements which were entered into by the Customer prior to the
3 effective date hereof);
4
5 (2) Upon request of any Customer at any time;
6
~ (3) In any event, not less than once every twelve (12) months to
8 each Customer.
9
10 Section 47-32. Change in Rate and/or Programming Disclosure. The
Company shall provide each Customer at the times and in the
11
12 circumstances specified in these Regulations with a Change in Rate
i3 and/or Programming Disclosure ("CRP Disclosure"). The CRP Disclosure
14 shall contain at a minimum:
1S
lb (1} All of the programming bundling, tiers and combinations,
1~ equipment, and services currently available pursuant to the
18 Company's obligations to provide uniform service and rates (and
19 subject to lawful exceptions thereto, such as limited time
20 promotional offers}, and the rates and charges which apply.
21 thereto, including without limitation all relevant change of
22 service fees, provided that in the event of a notification of a
23 change in rates, charges and fees, the Disclosure shall disclose
24 both the current rates and the proposed future rates in a form
~5 suitable for comparison of those rates;
26
27 (2} The Channel Positioning of all programming bundling, tiers
and combinations, and custom Channel Positioning, currently
1
2 available pursuant to the Company's obligations to provide
3 uniform service and rates (and subject to lawful exceptions
4 thereto, such as limited time promotional offers}, public access
5 and leased access to cable facilities, including without
6 limitation all changes in Channel Positioning and availability,
7 provided that in the event of a notification of a change in
8 Channel Positioning, the disclosure shall disclose both the
9 current availability and placement and the proposed future
1~ positioning in a form suitable for comparison of channels.
11
12 t3) The Company's Toll-Free telephone number, office hours,
13 street address and mailing address, including without limitation,
14 the address(es) to which complaints and inquiries may be directed
15 and a telephone number,
16
17 (4) Notification of the Customer's right to Downgrade or
18 disconnect service pursuant to these Regulations without charge;
19
2~ {5) The Customers right to refer problems, inquiries or
21 complaints to the Franchise Authority at its designated address
22 and telephone number and to request complete copies of these
23 Regulations from the Franchise Authority
24
25 Section 47-33. When Chan e in Rate and/or Pro rammin Disclosure
26 Required. The Company shall provide each affected Customer with the
27 CRP Disclosure at each of the following times and circumstances:
1
2
3
4
S
6
7
S
9
10
11
12
13
14
15
16
17
1$
14
20
21
22
23
z4
25
26
27
(1) Upon any change in rates, charges and fees which raises the
net monthly cost to the customer of any given programming
service, bundle, tier equipment, or service (or any combination
thereof) provided by the Company to that Customer by at least
five percent (50). This shall include, but not be limited to
changes to the pricing of any programming bundle, tier or
combination of channels. The notice shall include both the
current rates and the proposed rates in a form suitable for
comparison of those rates.
(2) Any transfer of one (1) or more channel(s) from one
programming bundle, tier or combination of channels to another
programming bundle, tier or combination of channels.
(3) Upon any substantial change in Channel Positioning by the
Company which shall. include, but not be limited to the following:
(a) Any transposition or movement of the Channel
Positioning of any combination of six (6) channels within
any ninety (90) day period.
(b) Any transposition or movement of the Channel
Positioning of one (1) or more channels where the move
transfers any channel from a Channel Positioning which
permits reception with any customer's television to a
1
2 Channel Positioning which requires an independent device
3 for reception on any customer's television.
4
5 {)Any movement of the Channel Positioning of one (1) or
6 more channels such that it increases the cost to the
~ subscriber to receive that channel in any way, in cluding
g without limitation the cost of an independent device
9 necessary to receive the channel.
10
11 Section 47-34. Em loyee Identification. All Company representatives
12 dealing with the public shall have, and prominently display at all
13 times, identification badges identifying the Company and the
14 representative's name with a current picture to authenticate the
I~ representative's identity and affiliation.
16
17 Section 47-35. Proration in Event of Down rode or Disconnection in
1$ Res onse to Disclosure. In the event LnaL a ~uszomer Siivulu GICLL LV
19 Downgrade services or disconnect within thirty (30) days following
~~ mailing of a CRP Disclosure in connection with a change in rates,
21 charges, and fees or a change in programming, any proration of charges
22 to the time of Downgrade or disconnect shall be at the levels of
23 rates, charges, and fees existing prior to the issuance of the CRP
24 Disclosure.
2S
26 Section 47-36. Com laint Procedures. Within six (6) months after the
~~ effective date of these Regulations, the Company shall file with the
1
2 Franchise Authority a copy of its written procedures for receiving,
3 acting upon, and resolving Customer complaints. The procedures shall
4 prescribe the manner in which a Customer may submit a complaint and
5 the time within which the Company commits to investigate and resolve
b such complaints and, in the event the Company has elected an
7 organizational structure which does not allow Customers to speak with
8 Customer Service Supervisors, the procedures shall prescribe the
9 manner in which a Customer may file a written complaint regarding the
10 handling and/or resolution of the Customer's matter by the Customer
11 Service Representative with the Company and/or wl.th the Franchise
12 Authority and the time within which the Company commits to investigate
13 and resolve such complaints.
14
15 Section 47-37. Promotional Material. The Company shall retain for at
16 least one year, and furnish to the Franchise Authority upon request,
17 copies of all promotional material distributed by the Company to
1g Customers, including that material circulated by means of newspapers
lg and/or magazines of general circulation.
20
21 Section 47-38. Cam an 's Filing of Documents and GRP Disclosure. The
22 Company shall file with the Franchise Authority a copy of all of its
23 written documentation that will be presented to and executed by
24 Customers, including without limitation the GRP Disclosure and the CRP
25 Disclosure forms, excepting promotional material..
26
27
1
2 Section 47-39. Service Re uest Record. The Company sha11 maintain far
3 two years a written record (or, at the option of the Company, an
4 equivalent stored an magnetic media capable of reproduction in printed
5 form by the Company} of all Customer requests which result in a
6 SErvice Call, including the name of the caller (or account name},
7 date, and the date and time of the Company's response, and a brief (or
8 coded) description of the problem reported and resolved.
9
1Q Section 47-40. Installation Record. The Company shall maintain for
11 two years a written record (or an equivalent stored on magnetic media
1~ capable of reproduction in printed form by the Company} of all
13 requests for installation (and/or work orders related thereto),
14 including the date of the request and the time and date of actual
15 service activation.
16
17 Section 47-41. Tele hone Re ortin Except as otherwise provided by
lg a Telephone Compliance Plan for the applicable period theretofore
19 approved by the Franchise Authority pursuant to section 47-5 above,
20 not later than the first day of February, May, August, and November
21 of each year, the Company shall provide the Franchise Authority with
22 telephone usage reports, in a form reasonably approved by the
23 Franchise Authority, detailing its telephone response statistics.
24 These reports shall include the results during the previous quarter
25 for busy signals and telephone response time. The General Manager of
26 the Company shall certify to the Franchise Authority the accuracy of
27
1
2 the statistics and the Company's compliance or noncompliance with the
3 telephone response standards of these Regulations.
4
S Section 47-42. Response to Franchise Authority Inquiry. The Franchise
6 Authority may, from time to time, make inquiry of the Company
'7 regarding the Company's response to particular inquiries and
$ complaints of Customers who have contacted the Franchise Authority.
9 In such instances, the Company shall respond to the Franchise
10 Authority staff within six (6) Business Days from receipt of the
11 Franchise Authority inquiry with the date, time, and nature of the
12 Company's prior responses to the Customer and the Company's
13 then-current position relative to resolution of the Customer's inquiry
14 and/or complaint. While the Company's responses are subject to the
15 privacy restrictions of Section 631 of the Cable Act X47 U. S. C. §
16 551), the Company may not withhold information from the Franchise
1'7 Authority upon such asserted grounds if the Customer has given his or
1g her prior written or electronic consent to the disclosure of
19 personally identifiable information to the Franchise Authority with
2Q respect to its review of the Company's handling of the Customer's
21 inquiry or complaint.
22
23 Section 47-43. Attempted Informal Resolution. In the event that the
24 Company shall fail, refuse, or neglect to comply fully with the
25 requirements of these Regulations, the Franchise Authority shall,
26 except in instances in which time is of the essence in obtaining the
27 Company's compliance and/or the Franchise Authority determines that
1
2 such efforts would be futile, to notify the Company by letter of its
3 desire to attempt informal resolution and rectification of the
4 Company's non-compliance. Said informal resolution efforts shall be
5 initiated by the Franchise Authority's general statement of the
6 alleged violations under investigation and the general nature of the
7 evidence then known to the Franchise Authority. Notwithstanding the
S foregoing, the nature and extent of evidence which may be presented
9 by the Franchise Authority or its designee in any subsequent
10 Enforcement Hearing, as set forth herein, shall. not be limited or
11 abridged by reason of the presentment or non-presentment or recitation
12 or non-recitation of such evidence in the course of the informal
13 resolution efforts.
14
15 Section 47--44. Time to Cure. To the extent reasonably consistent with
16 the goal of obtaining compliance with these Regulations, it shall be
17 the policy of the Franchise Autharity to notify the Company of a
lg possible or alleged violation and allow a reasonable time (not to
19 exceed thirty (30) days) for the Company to cure the possible or
20 alleged violation. If the Company does so cure, in the absence of
~1 aggravating circumstances, it shall be the preference of the Franchise
22 Authority to abstain from further enforcement action. For purposes
23 of this Section, "aggravating circumstances" shall include, but are
24 not limited to, the willful nature of the violation, the length of
~~ time the violation has persisted, the seriousness of the violation,
~( and the number of Customers affected by the violation. For purposes
27 of this section, mere non-repetition of the offending behavior does
1
2 not necessarily constitute a `cure.' Moreover, nothing in the
3 foregoing shall imply that all potential. violations are curable.
4
5 5ectian 47-45. Probable Cause Determination. In the event that the
6 informal efforts at resolution are ineffective or otherwise
'7 inappropriate, the Franchise Authority may notice the Company to meet
g with the Franchise Authority on not less than ten (10) days notice to
9 determine whether or not probable cause exists to believe that the
10 Company has failed, neglected or refused to comply with the provision
11 of these Regulations. The probable cause determination shall be
12 initiated by the Franchise Authority's general statement of the
13 alleged violations under investigation and the general. nature of the
14 evidence than known to the Franchise Authority. The Franchise
15 Authority shall. disclose to the Company all such evidence in its
16 possession that demonstrates that the Company has failed, neglected
17 or refused to comply with the provisions of these Regulations.
1g Notwithstanding the foregoing, the nature and extent of evidence which
19 may be presented by the Franchise Authority in any subsequent
20 Enforcement Hearing pursuant to this section shall not be limited or
21 abridged by reason of the presentiment or non-presentiment or
22 recitation or non-recitation of such evidence in the course of the
~3 probable cause determination. The Company, however, shall put forth
24 all relevant evidence at this meeting with the Franchise Authority in
25 order to permit Franchise Authority to make an informed determination
26 on the existence of probable cause to believe that the Company has
2'7 failed, neglected or refused to comply with the provisions of these
1
2 Regulations, and non-presentment or non-recitation by the Company of
3 such evidence may result in the Franchise Authority and/or Hearing
4 Officer limiting or denying admissa.bility of such evidence by the
5 Company at any subsequent Enforcement Hearing if the Franchise
6 Authority and/or Hearing Officer finds that such evidence was
7 available to the Company and was consciously withheld by the Company.
9 Section 47-46. Hearing. Upon a determination by the Franchise
lp Authority, pursuant to the provisions of this section, that probable
11 cause exists to believe that the Company has failed, neglected, or
12 refused to comply with the provisions of these Regulations, the
13 Franchise Authority may hold such hearings, conduct such procedures,
14 and impose such remedies as are authorized by these Regulations.
15
16 Section 47-47. Hearing Officer Option_ The hearing may be conducted
17 either by the governing body of the Franchise Authority or, at the
lg sole discretion of the governing body of the Franchise Authority, by
lg a hearing officer appointed by the governing body to conduct the
20 hearing.
21
22 Section 47~-48. Hearing Officer Selection. If the matter shall be
23 referred to a hearing officer, such hearing officer shall be selected
24 from a listing of neutral, unaffiliated candidates provided by the
25 American Arbitration Association (AAA) in San Francisco, California.
26 From the listing provided, each party shall have ten (10) business
27 days to select three candidates as potential hearing officers. The
1
2 final selection of the person who will serve as heara.ng officer will
3 be made by AAA. Any such hearing officer shall be an attorney
4 licensed to practice under the laws of the State of California. The
5 cost of providing quarters for the hearing, fees charged by AAA, the
6 compensation and expenses far the hearing officer, if any, and the per
7 diem cost of any reporter retained to record the proceedings shall be
8 borne equally by the Company and the Franchise Authority. The costs
9 incurred by the parties for attorney's fees, expert witness fees and
10 other expenses shall be borne solely by the party incurring the costs.
11
12 Section 47-49. Evidence at Hearin At any hearing conducted as set
13 forth herein, a designee of the Franchise Authority shall put forth
14 evidence showing the alleged failure, neglect or refusal to comply
15 with these Regulations, and shall have the burden of establishing such
i6 violation by a preponderance of the evidence. The Company may present
17 such evidence consistent with the provisions of this Section, as it
1g may desire.
19
~~ Section 47-50. Hearing Procedures. All witnesses testifying at the
21 hearing shall be sworn. Witnesses shall be subject to direct and
22 cross-examination. However, formal rules of evidence applicable to
23 the trial or civil or criminal proceedings in the trial courts of this
24 State shall apply to evidence adduced at the hearing only to the
25 extent that such rules are reasonably necessary in the sound
~~ discretion of the hearing officer to the preservation of the probative
27 nature of the evidence proffered. The provisions of the
1
2 Administrative Procedure Act, commencing at Section 11500 of the
3 California Government Code or any successor legislative enactment,
4 shall not be applicable to any such hearing. The hearing may be
5 continued from time to time. Either party may maintain a
6 substantially verbatim record, by means of court reporter or audio or
7 video tape recording. Unless otherwise agreed by the parties, the
8 party requesting the record shall bear the cost thereof.
9
1Q Section 97-51. Hearing Officer Decision; Options. Yf the hearing is
11 conducted by a hearing officer, the officer shall prepare, upon
12 conclusion of the hearing, a recommended decision that includes
13 findings of fact and conclusions. The recommended decision shall be
14 filed with the Clerk of the governing body of the Franchise Authority
15 and mailed to the parties not later than thirty (30) calendar days
16 after conclusion of the hearing. The verbatim record, if such was
17 maintained as permitted herein, shall be made available to the
1g parties, provided that, absent agreement of the parties to the
19 contrary, nothing contained herein shall obligate either party to
2p obtain a written transcript of the record of the hearing. Upon
21 receipt of such a recommended decision, the governing body may,
22 without a hearing, except as otherwise required herein, either
23
24 (1) Adopt the recommended decision, including findings of fact
25 and conclusion submitted by the hearing officer,
26
27
1
2 (2) Adopt the findings of fact and conclusions contained in the
3 recommended decision, modify the decision, and adopt the
4 recommended decision as so revised;
5
(3) Based upon the record of the hearing, modify the findings of
~ fact, conclusions or decision, and adopt the recommEnded decision
g as so revised; or
9
10 (4) Reject the recommended decision and conduct a new hearing,
11 before a hearing officer provided at the Franchise Authority's
12 expense.
13
14 The Franchise Authority shall allow a reasonable time to receive
15 comments upon and objections to the recommended decision of the
16 hearing officer from the Company. If the Franchise Authority act
17 under either subsection (2) or (3) above, the Franchise Authority
18 shall set Earth clearly its rationale and grounds for so doing and
19 shall allow representatives of the Company a reasonable time to
20 summarize the views of the Company upon the evidence and as to the
21 proposed action.
22
23 Section 97-52. Franchise Authority Decision. If the hearing is
24 conducted by the governing body of the Franchise Authority, upon
25 conclusion of the hearing, the governing body shall adapt a decision
26 that includes findings of fact and conclusions.
27
1
2 Section 47-53. Remedies Available. Remedies that may be imposed for
3 a violation of an order of the Franchise Authority issued pursuant to
4 these Regulations sha11 include, but not be limited to, the monetary
5 sanctions established by these Regulations. The monetary sanctions
6 established by these Regulations sha11 be construed as police power
7 impositions pursuant to the Franchise Authority's exercise of
8 Constitutional police power and pursuant to the Franchise Authority's
9 franchising ordinance.
14
11 Section 47-54. Monetary Sanctions. Upon the finding, after a noticed
12 hearing conducted pursuant to Sections 47-43 through 47-53 above, of
13 a violation of any Order of the Franchise Authority issued pursuant
14 to these Regulations at the conclusion of a notice hearing pursuant
15 to Sections 47-43 through 47-53, the Franchise Authority may impose
lg monetary sanctions for each such violation so found, not to exceed the
17 amount(s) set forth for the violation of the applicable provision(s)
lg as set forth herein.
i9
24 Section 47-55. Conscious Violation. A Conscious Violation is any
21 failure, neglect or refusal of the Company to materially comply with
22 any order issued pursuant to these Regulations under such
23 circumstances as to indicate:
24
25 (1) A conscious policy of non-compliance with the requirements
2b thereof, or
27
1
2 (2} A conscious lack of a policy of compliance with the
3 requirements thereof.
~F
A prior finding of a violation of this Section for substantially
5
the same or similar conduct shall create a rebuttable presumption of
6
conscious action or inaction on the part of the Company. For each
7
such violation, the Franchise Authority may impose a monetary sanction
8
in an amount not to exceed Twenty Seven Thousand Five Hundred Dollars
9
($27,500}, and in an additional like sum for each month or portion
10
thereof during which the Company shall fail, neglect, or refuse to
11
rectify said violation beginning thirty (30) calendar days after
12
written notice thereof from the Franchise Authority to the Company.
13
14 Section 47-56. Inadvertent Customer Service Violation. An Inadvertent
15 Customer Violation is any failure, neglect, or refusal to the Company
16 to comply with the requirements of an Order issued under these
17 Regulations as to its obligations hereunder in relation to one or more
18 Customers under such circumstances as da not indicate a pattern of
19 behavior by the Company in derogation of the referenced requirement.
20 For each such violation, the Franchise Authority may impose a monetary
21 sanction:
22
(1) In an amount not to exceed One Hundred Fifty Dollars ($150)
23
for each such subscriber and Five Thousand Five Hundred Dollars
24
($5,500) in cumulation of the violations as to all Customers
25
26
27
1
2 resulting from any substantially continuous behavior, act or
3 omission, and
4
g (2) In addition like sum for each month or portion thereof during
g which the Company shall fail, neglect, or refuse to rectify said
7 violation beginning thirty (30) days after written notice thereof
g from the Franchise Authority to the Company.
9
1a (3) In any proceeding relating to an alleged violation of the
11 disclosure requirements of these Regulations with respect to any
12 particular subscriber, the Company shall be conclusively presumed
13 to have provided such disclosure if it shall produce a writing,
14 in a form approved by the Franchise Authority, signed or
15 initialed by the Customer evidencing acknowledgment of receipt
16 of the disclosure.
17
18 Section 47-57. Inadvertent Company Violation. An Inadvertent Company
19 Violation is any failure, neglect or refusal of the Company to
20 materially comply with the requirements of an Order issued pursuant
21 to these Regulations with respect to the Company in relation to the
22 Franchise Authority. Far each such violation, the Franchise Authority
23 may impose a monetary sanction in an amount not to exceed Five
24 Thousand Five Hundred Dollars ($5,500) and in an additional like sum
25 for each month or portion thereof during which the Company shall fail,
26 neglect, or refuse to rectify said violation beginning thirty (30)
27
1
2 calendar days after written notice thereof from the Franchise
3 Authority to the Company.
4
5 Section 47--58. Repeated Conscious Violations. The maximum amount(s)
specified for a Conscious Violation shall be doubled for the second
'7 violation under that section for substantially the same or similar
g conduct occurring within any given thirty (30) month period and shall
9 be quintupled for the third violation under that section for
10 substantially the same or similar conduct occurring within any given
11 thirty (30) month period provided that, in the event that, subsequent
12 to the imposition and collection of an enhanced sanction under this
13 section, a prior violation providing, in whole or in part, the basis
14 for such an enhancement shall be invalidated, the portion of the
15 sanction theretofore collected which is attributable to the
16 invalidated prior violation shall be refunded and/or otherwise offset.
1'7 Nothing in the foregoing shall be deemed to preclude imposition of
18 enhanced sanctions by the Franchise Authority upon the basis of prior
19 violations that are then pending judicial challenge by the Company.
20
21 Section 47-59. Sanctions Not a Bar to Judicial Remedies. Neither
2~ monetary sanctions, imposed hereunder nor any order issued by the
23 Franchise Authority related hereto shall be deemed to bar or otherwise
24 limit the right of the Franchise Authority to obtain judicial
25 enforcement of the Company's obligations by means of specific
26 performance, injunctive relief, mandate, or other remedies at law or
2~ in equity, other than monetary damages.
1
2 Section 47-60. Denomination of Sanctions. The Franchise Authority
3 may, in its sole discretion, denominate any monetary sanctions imposed
4 pursuant to this Section on a per-Customer basis or on a total dollar
5 basis, provided that the total of any such monetary sanctions imposed
6 for any single violation shall not exceed the totals provided therefor
7 herein. Such monetary sanctions may be levied, in the sole discretion
$ of the Franchise Authority, in the form of refunds or credits to then-
9 current Customers. Any credit or refund made to Customers under these
10 Regulations shall be deemed a penalty for failure to meet the
11 requirements of these Regulations and such cost shall not be passed
12 through to the Customers in rates or charges for any reason. All
13 refunds owing by Company to Customers shall be paid by the Company to
14 affected Customers by direct payment or credited to the Customers bill
15 within seventy five (75) days from the date of the determination that
16 refunds are due or levy of the sanction so designated.
17
lg Section 47-51. Sanction Factors. In establishing the amount of any
19 penalty or assessment within the ranges specified in this section, the
20 Franchise Authority shall consider factors including, but not limited
21 to, the following:
22
23 (1) The materiality of the violation;
24
25 (2) Whether the violation resulted from an intentional act, a
2b conscious and affirmative act, active negligence, passive
2~ negligence or inadvertence;
1
2 (3) The number of Customers affected by the violation;
4 (4) The duration of the violation;
5
~ (5} The nature and extent of the services impacted by the
7 violation;
S
9 (6) The degree of control the Company exercised, or failed to
10 exercise, over circumstances which resulted in the violation
11 (even if such circumstances would not constitute force majeure
12 as that term is defined in these regulations);
13
14 (7) Whether the Company has attempted in good faith to cure the
15 violation; and
16
17 (8} Whether the violation has occurred in the past,
18
Section 47-52. Failure to enforce Not a Waiver. Failure of the
19
Franchise Authority to enforce any requirements set forth herein of
20
the Company's franchise or any other applicable ordinance or law shall
21
not constitute a waiver of the Franchise Authority's right to enforce
22
that violation or subsequent violations of the same type or to seek
23
appropriate enforcement remedies.
24
25
Section 47-63. The Franchise Authority hereby adopts and incorporates
26
by reference any customer service regulations of the FCC, and
27
California statutes and regulations relating to cable television
1
2 services. In the event of any conflict between these Regulations, the
3 Federal and/or California provisions, the regulation with the highest
4 standard shall apply. In the event any provision of these Regulations
5 shall be invalidated for any reason or cause, all remaining portions
6 shall be deemed severed therefrom and shall remain in full force and
7 effect thereafter.
9 Section 47-64. Amendment. These Regulations may be amended by
1~ majority vote of the Franchise Authority's governing board only after
11 public proceedings on such amendment(s) and shall be subject to
12 Applicable Law.
13
14 Section 47-65. No Bar to Additional Regulations. Nothing contained
15 herein shall prevent or prohibit the Franchise Authority from imposing
lb additional customer service regulations that exceed the Regulations
17 set forth herein subject only to Applicable Law.
18
19 Section 47-66. No Fxcuse Apart from Force Majeure. The Company shall
20 not be excused from any provision of these Regulations by reason of
21 any cause or excuse except for causes that are caused by an event of
22 Farce Majeure.
23
24 Section 47-67. No Limitation of Rights of Judicial Review_ Nothing
25 contained in these Regulations is intended to foreclose delimit or
26 otherwise restrain the rights of the Company to obtain such
27 administrative review or judicial review as may otherwise be available
1
2 to it, provided That decisions of the Franchise Authority shall be
3 accorded the maximum deference allowed by law.
4
5 Section 2. Severability
6
' zf any provision of this Ordinance or the application thereof to
g any person or circumstances is for any reason held to be invalid by
9 a court. of competent jurisdiction, such provision shall be deemed
10 severable, and the invalidity thereof sha11 not affect the remaining
11 provisions or other applications of the Ordinance which can be given
12 effect without the invalid provision or application thereof.
13
14 Section 3. Effective Date and Publication. This Ordinance shall take
15 effect thirty (30) days after the date of its passage. The Clerk of
16 the Board of Supervisors is authorized and directed to publish this
l~ ordinance before the expiration of fifteen (1.5) days after its
18 passage. This Ordinance shall be published once, with the names of
i9 the members of the Board of Supervisors voting for and against it, in
20 the Chico Enter rise a newspaper of general
21 circulation published in the County of Butte, State of California.
22
23 PASSED AND ADOPTED by the Board of Supervisors of the County of
24 Butte, State of California, on the 28th day of ,August ,
25 2001, by the following vote:
26
27 AXES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
1
2 NOES : None
3
4 ABSENT: None
5
NOT VOTING: None
7
8
JOSZASSEN, Chair of the
9
Butte County Board of Supervisors
10
11
12
13
ATTEST:
l4
15 JOHN S. BLACKLOCK, Chief Administrative
16 Officer and Clerk of the Board
17
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