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A grantee will first resolve subscriber inquiries and complaints without delay and without involvement of the city. Where a given complaint is not addressed by the grantee to the subscriber’s satisfaction, the city may intervene.

These standards are intended to be of general application. A grantee is free to exceed these standards to the benefit of its subscribers. However, the grantee shall be relieved of obligations hereunder if it is unable to perform due to a force majeure event affecting a significant portion of the franchise area.

A. Availability and Accessibility.

1. In Person. The grantee must maintain, at a minimum, one customer service location located in the city. This customer service location shall at all times allow subscribers to make payments, return equipment or get assistance from a customer service representative or other knowledgeable staff. The customer service center shall be open Monday through Saturday, excluding legal holidays, with sufficient hours necessary to meet subscriber demand. However, the above requirement will be met if the grantee provides at least one full service customer service center, conveniently located on the Eastside, that is staffed to meet all customer needs with on-site customer service representatives (CSRs) offering the following services to subscribers: payments (including the ability to provide change and transaction receipts), equipment exchange, processing of change of service requests, and response to subscriber inquiries and requests.

2. On the Telephone.

a. A CSR will be available to respond to subscriber inquiries during normal business hours. The grantee shall maintain local or toll-free telephone access lines that shall be available during normal business hours for service/repair requests and billing inquiries.

b. The grantee shall retain sufficient CSR and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered within 30 seconds or less, and that any transfers are made within 30 seconds. During normal operating conditions the subscriber should be able to speak with a CSR within five minutes. These standards shall be met no less than 90 percent of the time, measured on a quarterly basis under normal operating conditions.

c. The total number of calls receiving busy signals shall not exceed three percent of the total telephone calls. This standard shall be met 90 percent or more of the time measured on a quarterly basis under normal operating conditions.

B. Responsiveness.

1. Seven-Day Standard Installation and Service. The grantee shall complete all standard installations and service repairs requested by a subscriber within seven business days after an order has been placed, unless otherwise requested by the subscriber. This standard must be met 95 percent of the time under normal operating conditions as measured on a quarterly basis. If the subscriber requests a nonstandard installation, or the grantee determines that a nonstandard installation is required, the grantee shall provide the subscriber in advance with a total installation cost estimate and an estimated date of completion.

2. Under normal operating conditions all temporary cable drops shall be converted to a permanent drop within no more than three calendar weeks from the initial installation or at a time mutually agreed upon between the grantee and subscriber.

3. Residential Installation and Service Appointments. Subscribers requesting installation of cable service or repair service to an existing installation may choose any available four-hour block of time for the installation appointment during normal business hours.

4. The grantee shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time. If the subscriber is absent when the technician arrives, the technician shall verify the appointment with his/her dispatcher by telephone while at the subscriber’s door and leave written notification of timely arrival. A copy of that notification shall be kept by the grantee. In the event that a technician arrives without a prior appointment, and the subscriber must be present for service to proceed, and the subscriber is absent, it shall not be deemed that the grantee has responded to a request for service.

5. If a grantee representative fails to keep an installation or service appointment for any reason, the grantee will contact the subscriber before the end of the scheduled appointment and reschedule the appointment at a time convenient for the subscriber.

6. The grantee shall respond in writing or by telephone to a written inquiry, complaint, general question or comment within one week of the date of receipt of the letter. The grantee shall respond to a subscriber’s inquiry, complaint, general question, or comment made by telephone or e-mail within 48 hours.

7. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall make best efforts to contact the subscriber within four hours of initial contact and resolve the problem within 48 hours or within such other time frame as is acceptable to the subscriber and the grantee.

C. Reception and Outages.

1. The grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that the grantee anticipates will last more than four hours shall be preceded by at least 24 but not more than 72 hours’ written notice to affected subscribers, and shall occur during periods of minimum use of the system as reasonably determined by the grantee.

2. If a subscriber experiences poor signal quality or interruptions attributable to the grantee’s equipment, the grantee shall respond and repair the problem no later than the day following the subscriber’s call; provided, that the subscriber is available or at such later time as is convenient to the subscriber. If an appointment is necessary, the subscriber may choose a four-hour block of time during normal business hours. At the subscriber’s request, the grantee shall repair the problem at a later time convenient to the subscriber.

3. Upon receipt of the first phone call reporting a service outage, the grantee must proactively investigate whether this is a single-home outage or multiple-customer outages.

4. If the outage affects multiple customers, the grantee shall initiate repairs within two hours, under normal operating conditions. The grantee shall initiate repairs to all other service interruptions resulting from grantee equipment failure within 24 hours.

5. A grantee shall initiate repairs to subscriber-reported outages and service interruptions, for any cause beyond the control of the grantee, within 24 hours after the conditions beyond its control have been corrected.

6. When a subscriber contacts the grantee to report that the subscriber has been affected by an outage or service interruption, then the subscriber shall receive a credit, or such other compensation as the grantee and the subscriber shall mutually agree, for the appropriate portion of the day(s) for which the subscriber was without service. The subscriber is not required to specifically request a credit. Notice of the availability of credits and the appropriate contact phone number(s) shall be displayed on the monthly bill of all subscribers in the franchise area.

7. The grantee will track and record all outages that occur within the franchise area that affect two or more homes.

8. The grantee shall notify the city the next business day of any outage of at least one continuous hour that affects at least 100 or more of its subscribers.

D. Billings, Credits, Refunds, and Deposits.

1. The grantee shall provide a clear and concise bill every month.

2. If a subscriber requests disconnection of any or all services, billing for affected services shall end on the same day as the request, or on the future date for which the disconnect is ordered. However, subscriber may continue to be billed for equipment until returned to grantee. The grantee shall issue a credit or refund to a subscriber within 30 business days after the close of the billing cycle following the return of the equipment and request for disconnection. If a subscriber was required to provide a deposit, that deposit must also be returned with any additional interest accrued from deposit.

E. Treatment of Property Owner’s Property.

1. Trees and shrubs or other landscaping on a subscriber’s property that are damaged by the grantee, or any employee or agent during installation or construction for the subscriber or in the process of serving adjacent structures, shall be restored to their prior condition or replaced. Trees and shrubs on private property shall not be removed without the prior permission of the owner of the property. Removal or trimming of trees and shrubs in the right-of-way will be subject to the terms of the permit.

2. The grantee shall, at its own cost and expense, and in a manner approved by the property owner, repair any damage or restore any private property to as good condition as before the work causing such damage or disturbance was initiated. The grantee shall repair, replace or compensate all property owners for damages resulting from the grantee’s installation, construction, service or repair activities.

3. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the grantee shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided, that in the case of planned construction operations such notice shall be delivered or provided at least 24 hours prior to entry. All work done in the right-of-way shall be subject to time requirements of the permit.

4. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law.

5. For the installation of pedestals or other major construction or installation projects, property owners and property owners adjacent to right-of-way work shall be notified by mail or door hanger notice at least one week in advance. In the case of an emergency, the grantee shall attempt to contact the property owner or legal tenant in person; in the event personal contact is not made, the grantee shall leave a door hanger notice.

6. The grantee shall clean all areas surrounding any work site of debris caused by the grantee’s activities and ensure that all cable materials are disposed of properly.

F. Services for Subscribers with Disabilities.

1. For any subscriber with a disability, the grantee shall at no charge deliver and pick up converters at the subscriber’s home. In the case of malfunctioning equipment, the grantee’s service technician shall provide and install substitute equipment, ensure that it is working properly, and recover the defective equipment for the grantee at that time.

2. The grantee shall provide TDD/TTY service with trained operators who can provide every type of assistance for any hearing-impaired subscriber at no charge.

3. Any subscriber with a disability may request the special services described above by providing the grantee with a letter from the subscriber’s physician stating the need, any other official certification of disability or by making the request to the grantee’s installer or service technician, where the need for the special services can be visually confirmed.

G. Subscriber Information.

1. Upon installation and annually thereafter or at any time the subscriber requests, the grantee shall provide the following information, in clear, concise written form:

a. A written notice of these standards or a summary approved by the city shall be provided to subscribers at installation and annually thereafter.

b. Installation and service maintenance policies, including the subscriber’s responsibilities for equipment.

c. Billing and complaint procedures, including the address and telephone number of the grantee’s offices, the grantee’s policies on deposits, credit balances and returned check charges.

d. Policies concerning protection of subscriber privacy. The grantee shall include a postage-paid self-addressed mail back postcard for opt-out purposes.

e. The availability of parental control/lock-out device and the procedures for channel blocking.

f. Special services for subscribers with disabilities.

g. Days, hours of operation, and locations of service centers.

h. Information on how to contact the city’s franchise administrator including the address, telephone number and e-mail address.

2. A sample of all required notices provided to the subscriber shall be filed concurrently with the city.

3. The grantee shall provide subscribers with written notification of any changes in programming, services or channel positions as soon as possible in writing. Subscribers shall be given a description of the changes, their options for changing services they receive, phone number for questions and effective date. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by the preceding subsection.

4. All officers, agents, and employees of the grantee, its contractors and subcontractors who are in personal contact with subscribers shall have visible identification cards bearing their name and photograph. The grantee shall account for all identification cards at all times.

5. Every vehicle of the grantee used for providing services to subscribers shall be clearly visually identified to the public as working for the grantee.

H. Safety.

1. The grantee shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property.

2. Whenever the grantee receives notice that an unsafe condition exists with respect to its equipment, the grantee shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.

I. Complaint Procedure.

1. The grantee shall establish written procedures for receiving, acting upon, and resolving subscriber complaints, and crediting subscriber accounts in accordance with company policies, and shall publicize such procedures through printed documents at the grantee’s sole expense.

2. The written procedures shall prescribe a simple process by which any subscriber may submit a complaint in person or by telephone, electronic mail or in writing to the grantee regarding an alleged violation of any provision of these subscriber service standards, any terms or conditions of the subscriber’s contract with the grantee, or reasonable business practices.

3. The grantee will make best efforts to resolve subscriber concerns or complaints at the first contact.

4. The grantee shall also notify the subscriber of the subscriber’s right to file a complaint with the city in the event the subscriber is dissatisfied with the grantee’s decision.

5. Complaints to the City. Any subscriber shall be entitled to lodge any complaint directly with the city. The subscriber may lodge the complaint either by calling the city or by filing a written complaint, by letter or in electronic form.

6. If the city decides that further action is warranted, the city may intercede and attempt to help reach a resolution and/or require the grantee address the inquiry within 24 hours, and correct the situation within a reasonable time frame determined in each situation at the city’s sole discretion. In all circumstances, the grantee shall notify the city of the status of the inquiry within 48 hours and any subsequent resolution.

7. The grantee shall maintain, in a manner consistent with the privacy rights of subscriber, an accurate and comprehensive file of (a) complaints regarding the cable system or the grantee’s operation of the cable system, by number and type and their disposition; (b) service requests, identifying the number and nature of the requests and their disposition; (c) service interruptions and their disposition; and (d) subscriber privacy information.

8. Overall Quality of Service. The city may evaluate the overall quality of subscriber service provided by the grantee to subscriber, at its sole discretion, based on the number of subscriber complaints received directly by the city or reported by the grantee in its quarterly reports.

J. Protection of Privacy.

1. Notice to Subscriber Regarding Personally Identifiable Information – Definitions.

a. At the time of entering into an agreement to provide any cable service or other service to a subscriber and at least once a year thereafter, a cable operator shall provide notice in the form of a separate, written statement to such subscriber which clearly and conspicuously informs the subscriber of:

i. The nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information;

ii. The nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;

iii. The period during which such information will be maintained by the cable operator;

iv. The times and place at which the subscriber may have access to such information in accordance with subsection (J)(4) of this section; and

v. The limitations provided by this section with respect to the collection and disclosure of information by a cable operator and the right of the subscriber under subsections (J)(6) and (J)(7) of this section to enforce such limitations.

In the case of subscribers who have entered into such an agreement before the effective date of this section, such notice shall be provided within 180 days of such date and at least once a year thereafter.

b. For purposes of this section, other than subsection (J)(7) of this section:

i. The term “personally identifiable information” does not include any record of aggregate data which does not identify particular persons;

ii. The term “other service” includes any wire or radio communications service provided using any of the facilities of a cable operator that are used in the provision of cable service; and

iii. The term “cable operator” includes, in addition to persons within the definition of cable operator in 47 U.S.C. Section 522, any person who:

(A) Is owned or controlled by, or under common ownership or control with, a cable operator; and

(B) Provides any wire or radio communications service.

2. Collection of Personally Identifiable Information Using Cable System.

a. Except as provided in subsection (J)(2)(b) of this section, a cable operator shall not use the cable system to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned.

b. A cable operator may use the cable system to collect such information in order to:

i. Obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or

ii. Detect unauthorized reception of cable communications.

3. Disclosure of Personally Identifiable Information.

a. Except as provided in subsection (J)(2)(b) of this section, a cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or cable operator.

b. A cable operator may disclose such information if the disclosure is:

i. Necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by the cable operator to the subscriber;

ii. Subject to subsection (J)(7) of this section, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or

iii. A disclosure of the names and addresses of subscribers to any cable service or other service, if:

(a) The cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure, and

(b) The disclosure does not reveal, directly or indirectly, the:

(A) Extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, or

(B) The nature of any transaction made by the subscriber over the cable system of the cable operator.

4. Subscriber Access to Information. A cable subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a cable operator. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in such information.

5. Destruction of Information. A cable operator shall destroy personally identifiable information in a reasonable time but no later than 90 days if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection (J)(4) of this section or pursuant to a court order.

6. Civil Action in United States District Court – Damages – Attorneys’ Fees and Costs – Nonexclusive Nature of Remedy.

a. Any person aggrieved by any act of a cable operator in violation of this section may bring a civil action in a United States district court.

b. The court may award:

i. Actual damages but not less than liquidated damages computed at the rate of $100.00 a day for each day of violation or $1,000, whichever is higher;

ii. Punitive damages; and

iii. Reasonable attorneys’ fees and other litigation costs reasonably incurred.

c. The remedy provided by this section shall be in addition to any other lawful remedy available to a cable subscriber.

7. Disclosure of Information to Governmental Entity Pursuant to Court Order. A governmental entity may obtain personally identifiable information concerning a cable subscriber pursuant to a court order only if, in the court proceeding relevant to such court order:

a. Such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and

b. The subject of the information is afforded the opportunity to appear and contest such entity’s claim. (Ord. 5531 § 2, 2004.)