HomeMy WebLinkAbout2000-09-18 Ordinance 4658follows:
ORDINANCE NO. 4658
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 2.10.500 AND APPENDIX A OF
CHAPTER 2.10 OF TITLE 2 OF THE PALO ALTO
MUNICIPAL CODE TO'REPEAL THE INTERNET AND CABLE
MODEM SERVICE STANDARDS
The Council of the City of Palo alto does ORDAIN as
SECTION 1. Section 2.10.500 of Chapter 2.10 of Title
2 of the Alto Municipal Code is hereby modified to read, as
follows:
"Section 2.10.500. Customer service standards.
(a) The customer service standards applicable to
franchisees of cable communications systems are established
Appendix A to this Chapter and are incorporated herein by
reference. The customer service standards applicable to
Internet and cable modem service set forth in Appendix A are
hereby repealed.
(b) The City Manager may modify by relaxing or
strengthening the customer service standards, or any part
thereof, and the modified customer service standards shall
take e fourteen days after written notice of the same
is given by the City Manager to the Council."
SECTION 2. Appendix A of Chapter 2.10 of Tit 2 of the
Palo Alto Municipal Code is hereby amended to read, as follows:
SECTION 1.
"APPENDIX A TO CHAPTER 2.10 OF TITLE 2
OF THE PALO ALTO MONICIPAL CODE
CUSTOMER SERVICE STANDARDS FOR
CABLE COMMUNICATIONS SYSTEMS FRANCHISEES
PROVIDING SERVICES TO PALO ALTO CUSTOMERS ,
Definitions
1.1 The definitions established under Chapter 2.10 of
Title 2 of the Palo Alto Municipal Code are incorporated herein
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by reference and made a part of these customer service
standards.
SECTION 2. Office Availability
2.1 Each franchisee will maintain an 0 at a
convenient location Palo Al to or, if outside of Palo Al to,
within a radius of five mi of the jurisdictional boundaries
of Palo Alto that will be open for walk-in traffic at st ten
hours per day (except legal holidays) Monday through Friday,
with some evening hours, and at least five hours on Saturday to
allow subscribers to pay bills, drop off equipment and to pick
up equipment, and interact otherwise with the franchisee on
matters related to service provided by the franchisee.
2.2 Each franchisee will perform
installations, and disconnections at least ten
Monday through Saturday, except legal holidays.
franchisee will respond to service outages on
hours a day, seven days a week ("24/7 U) basis.
SECTION 3. Telephones ,
service calls,
hours per day,
In addition, a
a twenty-four
3.1 Each franchisee will establish a publ listed
local toll-free telephone number. Customer service
representatives of a franchisee must answer the telephone at
least ten hours per day, Monday through Saturday, except legal
holidays, for the purpose of receiving requests for service,
inquiries, and complaints from subscribers. After regular
business hours, the telephone will be answered so those
subscribers can register complaints and report service problems
on a 24/7 basis, and so that the operator can respond to service
outages as required herein.
3.2 Telephone answe ng time will not exceed thirty
seconds or four consecutive , and the time to transfer the
call to a customer service representative (including hold time)
will not exceed an additional thirty (30) seconds.
3.3 Under normal operating conditions, subscribers
will receive a busy signal less than three percent of the time.
3.4 Under normal operating conditions, the standards
set out in Sections 3.2 -3.3 will be met ninety percent of the
time, measured on a quarterly sis.
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SECTION 4. Scheduling Work
4.1 All appointments for service, installation, or
disconnection will be specified by date and time of day. Each
franchisee will specify a specific at which the work will
be done, or of a choice of time blocks, which will not exceed
four hours in length. A franchisee, upon request, may schedule
service installation calls outside of regular business hours,
for the express convenience of the subscriber.
4.2 If at any time an installer or technician is late
for an appointment and believes a scheduled appointment time
will be missed, an attempt to contact the subscriber will be
made before the time of appointment and the appointment shall be
rescheduled at a time convenient to the subscriber, if a
rescheduling is necessary. The franchisee shall bear the burden
of proving that met the appointment.
4.3 The franchisee will offer and fully describe in
writing to subscribers who have experienced a missed appointment
(where the missed appointment was not the subscriber's fault)
that the subscriber may choose among the following options:
4.3.1 Installation or service call free of
charge, if the appointment was for an installation or service
call for which a fee was to be charged;
4.3.2
subscribed-to service
appointments; and
One
t
month
free
of
of
the most
charge for
widely
other
4.3.3 An opportunity to elect remedies under
lifornia Civil Code § 1722, if applicable.
SECTION 5. Service Standards
5.1 Under normal operating conditions, requests for
repair, and maintenance must be acknowledged by a service,
trained
hours, or
earlier.
customer service representat wi thin twenty-four
before the end of the next business day, whichever is
5.2 A franchisee will respond to all other inquiries
(including billing inquiries) within five business days of the
inquiry or complaint.
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5.3 Under normal operating conditions, repairs and
maintenance for outages or service interruptions must be
completed wi thin twenty-four hours after the outage or
interruption becomes known to the franchisee where the
franchisee has adequate access to facilities to which it must
have access in order to remedy the problem.
5.4 Under normal operating conditions, work to
correct all other service problems must commence by the next
business day a notification of the service problem, and must
be completed within five business days from the date of the
initial request.
5.5 When normal operating conditions do not exist, a
franchisee will complete the work in the shortest time possible.
5.6 A franchisee
installation appointment with
business on the business
appointment.
will not cancel
a subscriber a
day preceding
a service or
r the close of
the scheduled
5.7 Requests for additional outlets, service upgrades
or other connections (e.g., DMX, VCR, A-B switch) separate from
the initial all at ion will be performed within seven business
days after an order has been placed.
5.8 Under normal operating conditions, the service
standards set out in Sections 5.1 -5. 7 will be met at least
ninety-five percent of the time, measured on a quarterly basis.
5.9 The failure of a franchisee to hire sufficient
staff or to properly train its staff will not excuse or justify
a franchisee's lure to comply with this provision.
SECTION 6. Disabled Services
6 .1 With regard to subscribers with disabilities,
upon subscriber request, each franchisee will arrange for pickup
and/or replacement of converters or other operator equipment at
the subscriber's address or by a satisfactory equivalent (such
as the provision a postage-prepaid mailer) .
SECTION 7. Notice to Subscribers regarding Service
7 . 1 A franchisee will provide each subscriber at the
time service is installed, and ann\lally therea r, clear and
accurate written information:
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7.1.1 On placing a service call, filing a
compla or requesting an adjustment (including when a
subscriber is entitled to refunds for outages and how to obtain
them) ;
7.1.2 Showing the telephone number of the
Cable Coordinator's office or other individual(s) responsible
administering the cable tel sion franchise and the open
video system franchise;
7.1.3 Providing a schedule of rates and
charges (which listing must identify any discounts offered),
channel positions, services provided, a copy of the service
contract, delinquent subscriber disconnection and reconnection
procedures; notifying subscribers of the availabil y of
parental control devices, and the conditions under which they
will be provided and the cost (if any) charged;
7.1.4 Describing conditions that must be met
to qualify for discounts;
7.1.5 Describing any other of the
franchisee's policies in connection with its subscribers; and
7.1.6 Describing any discounts, services, or
specialized equipment available to subscribers with
disabil ies; explaining how to obtain them; and explaining how
to use any accessibility features.
SECTION 8. Notices to City
8.1 Each franchisee will provide the City with copies
of all notices provided to its subscribers as required by these
standards.
SECTION 9. Changes in Noticed Infor;mation
9.1 Each franchisee will provide the Cable
Coordinator at least sixty days' advance written notice (and all
subscribers at least thirty days' advance written notice) of any
material changes the information required to be provided
under these standards, except that, if federal law establishes a
shorter notice period and preempts this requirement, the federal
law requirement will apply.
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SECTON 10. Truth in Advertising
10.1 Each franchisee will take appropriate steps to
ensure that all of its written promotional materials,
announcements, and advertising of residential cable service and
open video system service, as applicable, to subscribers and the
general public, where price information is listed in any manner,
clearly and accurately disclose price terms. In the case of
telephone orders, a franchisee will take appropriate steps to
ensure that price terms are clearly and accurately disclosed to
potential subscribers in advance of the taking of the order.
10.2 Each franchisee will maintain a file open for
public inspection containing all notices provided to subscribers
under these standards, as well as all promotional offers made to
subscribers. The notices and offers will be kept on file for at
least one year from the date such notice or promotional offer is
announced to the subscribers and the general public.
SECTION 11. Interruptions in Service
11.1 Each franchisee will provide forty-eight hours'
prior notice to subscribers and the Cable Coordinator before
interrupting service for planned maintenance or construction;
provided, however, that planned maintenance that does not
require more than two hours' interruption of service and that
occurs between the hours of 12: 00 midnight and 6: 00 a .m. will
not require such notice to subscribers, and written notice to
the Cable Coordinator must be given not less than twenty-four
hours before the anticipated service interruption.
SECTION 12. Prorated Billing
12.1 A franchisee's first billing statement after a
new installation or service change will be prorated, as
appropriate, and will reflect a credit for any security deposit
posted by a subscriber.
SECTION 13. Billing Statement
13.1 A franchisee's billing statement must be clear,
concise, and understandable; must itemize each category of
service and equipment provided to the subscriber; and must state
clearly the charges therefor.
13.2 A franchisee's billing statement must show a
specific payment due date not earlier than the later of:
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13.2.1
statement is mailed; or
13.2.2
Fifteen days
The tenth day of
which the bill is rendered.
a the date the
service period for
13.3 A late or administrat fee (collectively
referred to below as a "late fee") may not be imposed except in
accordance with California Government Code §§ 53088.6, 53088.7
and 53088.8.
13.4 A franchisee's bill must permit a subscriber to
remit payment by mail or in person at the franchisee's local
office.
SECTION 14. Credit for Service Impairment
14.1 Upon a subscriber's request, a subscriber's
account will be credited a prorated share of the monthly charge
for the service if a subscriber is without service or if service
is substantially impaired for any reason for a period exceeding
four hours during any twenty-four-hour period. A subscriber's
account will be automat lly so credited, without the need for
a subscriber's request, if the loss of service or impairment is
for twenty-four hours or longer.
14 .. 2 A franchisee is not required to credit a
subscriber's account where the franchisee establishes that the
subscriber's loss of service or impairment was caused by the
subsc or by subscriber-owned equipment (not including, for
purposes of this Section, in-home wiring installed by the
operator) .
SECTION 15. Billing Complaints
15.1 Each franchisee will respond to all written
billing complaints from subscribers within thirty days of their
receipts.
SECTION 16. Billing Refunds
16.1 Refunds to subscribers will issued no later
than:
16.1.1 The earlier of the subscriber's next
billing cycle following a resolution of the refund request, or
thirty days; or
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16.1. 2 The date of return of all equipment to
the franchisee, if cable service or open video system service,
as applicable, has been terminated.
SECTION 17. Credits for Cable Service
17.1 Credits for cable service or open video system
service, as applicable, will be sued no later than the
subscriber's next billing cycle the determination that the
credit is warranted.
SECTION 18. Disconnection and Downgrades
18.1 A subscriber may service at any time.
18.2 A franchisee will promptly disconnect from its
cable system or open video system, as applicable, or downgrade
the service of, any subscriber who so requests. No charges for
service may be made after the subscriber requests disconnection.
No period of notice before voluntary termination or downgrade of
service may be required of subscribers by any franchisee. There
will be no charge for disconnection, except for the collection
fee authorized by California law, and any downgrade charges will
conform to applicable law.
SECTION 19. Security Deposit
19.1 Any security deposit and/or other funds due a
subscriber who disconnects or downgrades service will be
returned to the subscriber wi thin thirty days or in the next
billing cycle, whichever is later, from the date that a
disconnection or a downgrade was requested; provided, however,
where the subscriber does not permit the franchisee to recover
its equipment, the amounts owed will be paid to the subscriber
within thirty days of the date the equipment was recovered, or
in the next billing cycle, whichever is later.
SECTION 20. Disconnection due to Nonpayment
20.1 A franchisee may not disconnect
cable service or open video system service, as
non-payment unless:
a subscriber's
applicable, for
20.1.1 The subscriber is delinquent in payment
for cable service or open video system service, as applicable;
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001003 syn 0071908
20.1.2 A separate, written notice impending
disconnection, postage prepaid, has been sent to the subscriber
at st twenty days before the date on which service may be
disconnected, at the premises where the subscriber requests
billing, which notice must identify the names and address of the
subscriber whose account is delinquent, state the date by which
disconnection may occur if payment is not made, and the amount
the subscriber must pay to avoid sconnection, and a telephone
number of a representative of the franchisee who can provide
additional information, and handle complaints or init an
investigation, concerning the services and charges in question;
20.1.3 The subscriber fails to pay the amounts
owed to avoid disconnection by the date of disconnection; and
20.1.4 No pending inquiry or dispute exists
regarding the bill to which the franchisee has not responded in
writing.
20.2 If the subscriber pays all amounts due, including
late charges, before the date scheduled for disconnection, the
franchisee will not disconnect service. ce may only be
terminated on days in which the subscriber can reach a
representative of the franchisee either in person or by
telephone.
20.3 After disconnection (except as noted below), upon
payment by the subscriber in 1 of all proper fees or charges,
luding the payment of the reconnect ion fee, if any, the
franchisee will promptly reinstate service.
SECTION 21. Immediate Disoonneotion
21.1 A
subscriber if:
franchisee may immediately disconnect a
21.1.1 The subscriber is damaging, destroying,
or unlawfully tampering with or has damaged or destroyed or
unlawfully tampered with the franchisee's cable system or open
video system;
21.1.2 The subscriber is not authori to
receive a service, or is facilitating, aiding or abetting the
unauthorized receipt of service by others; or
21.1.3 Subscriber-installed or attached
equipment is resulting in signal leakage that is in violation of
FCC rules.
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21.2 After disconnection, the franchisee will restore
se ce after the subscriber provides adequate assurance that it
has ceased the practices that led to disconnection, and paid all
proper fees and charges, including any reconnect ion s and all
amounts owed the franchisee for damage to its cable
communications system or equipment. No reconnect ion may be
imposed on a subscriber that is disconnected pursuant to these
standards if the kage was the result of the franchisee's acts
or omissions or, any case, unless the franchisee notifies the
subscriber of the leakage at st three business days in
advance of disconnection, and the subscriber has failed to
correct the leakage within that time.
SECTION 22. Franchisee's Property
22.1 Except as applicab law may provide otherwise, a
franchisee may remove its property from a subscriber's premises
within thirty days of the termination of service. If a
franchisee. fails to remove its property in that period, the
property will be deemed abandoned, unless the franchisee has
been denied access to the subscriber's premises, or the
franchisee has a continuing right to occupy the premises under
applicable law.
SECTION 23. Deposits
23.1 A franchisee may require a reasonable, non-
discriminatory deposit on equipment provided to subscribers.
Deposits will be placed in an interest-bearing account, and the
franchisee will return the deposit, plus interest earned to the
date the deposit is returned to the subscriber, ss any amount
the franchisee can demonstrate should be deducted for damage to
such equipment.
SECTION 24. Parental Control Option
24.1 Without limiting a franchisee's obligations under
federal law, March 1, 1999, a franchisee must provide
parental control devices to all subscribers who request them
that enable the subscriber to block the video and audio portion
of any channel or channels of programming.
SECTION 25. Penalties
25.1 Pursuant to California Government Code §
53088.2(q), as may be amended from time to time, penalties will
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001003 syn 0071908
be assessed against a franchisee for any breach
customer service standards.
these
SECTION 26. Internet and Cable Modem Service Standards
[RESERVED]
SECTION 27. Miscellaneous
27.1 Notwithstanding the requirements of these
standards, the Cable Coordinator is authorized to ieve a
franchisee of its obligations hereunder if:
27.1.1 A franchisee shows
alternative standard that is substantially
established by this Appendix Ai
that
simi
there is
r to
an
that
27.1.2 The Council determines that there is
sufficient competition among cable communications system
operators, including any franchisee, in Palo Alto that renders
application of these standards unnecessary; or
27.1.3 In light of the number of subscribers
served by a franchisee, the requirements of this Appendix A are,
in the Council's determination, unduly burdensome and there is
an alternative way to serve the same interest."
SECTION 3. The City Council hereby that this
ordinance is exempt from the provisions of California
Environmental Quality Act pursuant to Section 15061(b) (3) of the
California Environmental Quality Act Guidelines, because it can
be seen with certainty that there is no possibility of
significant environmental s occurring as a result of the
adoption of this ordinance.
II
II
II
II
II
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; ,
SECTION 4. This ordinance shall become effective
upon the commencement of the thirty-first day after the date of
its adoption.
INTRODUCED: August 7, 2000
PASSED: September 18, 2000
AYES:
NOES:
BEECHAM, BURCH, EAKINS,
LYTLE, MOSSAR, OJAKIAN
ABSTENTIONS:
NOT PARTICIPATING:
ABSENT:
FAZZINO,
A~~_~ APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
KLEINBERG, KNISS,
ktg.fUj~-·
THIS DOCUME,NT IS CERTIFIED TO BE AN
ORDINANCE DUI.Y PASSED IW THE COUNCIL
OF THE CITY OF Pt\LO ALT(: :J.ND
THEREA.l-fER POSTED IN '~COUNCIL
CHAM8EnS ON ._.La;". a Q . (WITHIN 15
DAYS OF ITS PASSAG!;1
"I certify (or deeif.,re) und(;r penalty
of perjury tl1at the foregolllg is true
and correct:' ~~ l f!a?ff£ac(a1R{ltAo. Signatufo
001003 syn 0071908
Director of Public Works
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