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HomeMy WebLinkAboutNS-2219 - Adding Article III to Chapter 15 of the Santa Ana Municipal Code, Regarding Cable TV Subscriber Protection053 6/16/94 ORDINANCE NO. NS-2219 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE III TO CHAPTER 15 OF THE SANTA ANA MUNICIPAL CODE, REGARDING CABLE TV SUBSCRIBER PROTECTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is amended by adding an article, to be numbered III, and to consist of sections numbered 15-300 through 15-307, to Chapter 15 thereof, which said article reads as follows: ARTICLE III. CABLE TELEVISION SUBSCRIBER PROTECTION. Sec. 15-300. Definitions. a. "Operator" means a business providing cable television service in the city of Santa Ana. b. "Subscriber" means a residential subscriber of cable television services in the City of Santa Ana. 15-301. Consumer service standards. Any operator shall maintain a local office which provides the necessary facilities, equipment and personnel to comply with the following consumer standards under normal conditions of operation: (a) The operator shall provide sufficient trained and knowledgeable customer service representatives and toll- free telephone line capacity at all times to assure that, except during system outages impacting more than five percent (5%) of the basic subscriber base within the city, a minimum of ninety percent (90%) of all calls will be answered within 30 seconds, ninety percent (90%) of all callers for service will not be required to wait more than thirty (30) seconds after the completion of the automated message before being connected to a live representative. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. Caller will receive a telephone busy signal less than three percent (3%) of the time on an annual average. (b) The operator shall maintain a business and service office within the city open during normal business hours, defined as those hours during which most similar busi- nesses in the community are open to serve customers. ORDINANCE NS-2219 055 Page 2 (c) (d) (e) Normal business hours shall include at least eight (8) hours daily, and at least four (4) hours weekly in the evenings after 6:00 p.m. or on weekends, and adequately staffed with personnel capable of accepting subscriber payments, handling converter exchanges and responding to service requests and complaints. The operator in advance may request city to change the operator's business hours or to reduce hours if the extended hours are not justi- fied by subscriber demand. The operator shall maintain a technically competent emergency system maintenance and repair staff, capable of responding promptly to and repairing service interrup- tions on a twenty-four (24) hours basis. The operator shall maintain a staff of employees fully qualified to install cable service meeting the require- ments of California Public Utilities Commission's General Order 95 and General Order 128 and this ordinance, capable of performing "standard" installations within seven (7) business days after an order has been placed 95 percent of the time measured on a quarterly basis. ,,Standard%' installations are up to 125 feet from the existing distribution system. The installation or initiation of a new service shall begin in thirty (30) days from the date of receipt of an order, unless the delay in installation is at the customer's request. Bills sent by the operator to subscribers shall be clear, concise and fully itemized. Full itemization shall include, but not be limited to, "basic and premium service charges. Bills shall delineate all activity during billing period including optional charges, rebates and credits. (1) In case of a billing dispute, the cable operator must respond to a written complaint from a sub- scriber within thirty (30) days from receipt of complaint. (2) Every customer who pays his or her bill directly shall have at least fifteen (15) days from the date that the bill for services is mailed to pay the listed charges. Customer payments shall be posted promptly. The cable operator shall not terminate residential service for nonpayment of a delinquent account without fifteen (15) days prior written notice. Such notice shall not be mailed until after the sixteenth (16th) day from the time the bill for services was mailed to the customer. The cable operator may not assess a late charge earlier than the forty-fifth (45th) day from the time the 2 ORDinANCE NS-2219 0§? Page 3 (f) (g) bill for services has been mailed. The notice of delinquency and impending termination may be part of a billing statement mailed to the customer. (3) (4) (5) Every notice of termination of service shall in- clude: name and address of customer whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number of a cable company representative who can provide addi- tional information and handle complaints or initi- ate an investigation concerning service and charges in question. Service may only be terminated on days in which the customer can reach a representative of the cable company either in person or by telephone. Any service terminated without good cause shall be restored without charge for the service restora- tion. Good cause includes, but in not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions. Refund checks must be issued within forty-five (45) days of customer's next billing cycle, whichever is earlier following the disconnection of service or return of equipment if service is terminated. Credits must be issued within forty-five (45) days of the resolution of the outage. The operator shall provide written information on each of the following areas at any time upon request, prior to installation of service upon request, at the time of installation of service, and at least annually to all subscribers: (1) products and services offered; (2) prices and options for programming services and conditions of subscription to programming and other services; (3) (4) installation and service maintenance policies; instructions on how to use cable service with home interconnections, including but not limited to VCR's, operator-supplied Converters, and operator- 3 ORDINANCE NS-2219 05~ Page 4 (h) (i) (J) supplied Remotes; (5) channel positions of programming carried on the system; (6) billing and complaint procedures, including the address and telephone number of the operator's office; (7) charges, refunds and credits procedures; (8) disconnection and termination of service proce- dures; (9) customer service telephone number and office hours; (10) service call response time scheduling and; (11) a summary of this ordinance as approved by the city. After the customer service standards established have been in effect for one year, the operator shall submit a summary annually on its performance in meeting its customer service standards. This summary shall be included in the required annual notice. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the operator. In addition, the operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by section 15-301(g). The operator shall refrain from providing equipment which has been removed from service in other areas due to age or disrepair without quality control. Sec. 15-302. Cable service and repair standards; notice. (a) The operator shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, which are expected to exceed a cumulative total of more than sixty (60) minutes during any twenty-four (24) hour period, shall be preceded by no less than twenty-four (24) hours prior notice to the affected subscribers and the city. Such interruptions shall occur during periods 4 ORDINANCE NS-2219 061 Page 5 from midnight to 6:00 a.m. local time, unless the affected area requires access to private property. (b) The operator shall maintain a written outage and service call log, or an equivalent record stored in computer memory and capable of access and reproduction in printed form, for all service interruptions and requests for service that result in a service call. Such record shall be retained for at least one (1) year and shall be available to the city upon request. (c) The operator shall maintain a technically competent repair staff of technicians capable of responding to subscriber requests for service within the following time frames: (d) (e) (1) For a system outage: Within three (3) hours, including weekends and holidays, of receiving subscriber calls or requests for service which identify a system outage of all channels, affecting at least ten (10) subscribers of the system. (2) For a service interruption: Within twenty-four (24) hours, including weekends and holidays, of receiving requests for service identifying a service interruption of all channels, excluding conditions beyond the operator's control. (3) For other service problems: Within forty-eight (48) hours, including weekends and holidays, of receiving a request for service identifying a problem not described in (c) (1) or (c) (2). The operator shall schedule all service call appointments within a designated four (4) hour morning or afternoon time frame. Whenever reasonably possible, the operator shall make an effort to verify the appointment by telephone prior to the four (4) hour period. The operator may schedule service calls and other installa- tion activities outside of normal business hours for the express convenience of the customer. An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment time. If the operator is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the subscriber. In the event the operator fails to meet any scheduled or rescheduled appointment other than for delays beyond the operator's control, the affected 5 ORDINANCE NS-2219 083 Page 6 (f) (g) consumer shall receive a credit of one (1) month's basic service even if the appointment is rescheduled and completed. No credit shall be given if the consumer fails to be present for the same call and shall relieve the operator of a duty to respond. No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be non-cable system in origin, or to involve subscriber negligence. Unless excused, the operator is required to respond to and begin work to correct all service problems within twenty-four (24) hours of notification of problem and resolve all cable system related problems within three (3) days unless technically infeasible. Failure to resolve any cable system related problems within thirty (30) days of the call for service shall be a violation of this article. "Technical infeasibility" resulting from the cable system's failure to meet required standards established in the city franchise or state or federal legislation does not constitute a defense to such violation. (h) (i) In the event of an outage of four (4) or more hours in a twenty-four (24) hour period, the operator shall provide a credit equal to one day's service for basic or premium services upon oral or written request by a subscriber. For standard installations of up to one hundred twenty- five (125) feet from an existing distribution system, there will be no additional installation charge. For installations in excess of one hundred twenty-five (125) feet from an existing system, the operator shall provide the potential subscriber with a written price for such installation within five (5) days of a regular request therefor. Such price shall not exceed the actual cost of construction. Upon payment by subscriber of the price quoted, the operator shall install the line within thirty (30) days. sec. 15-303. Notice of rate and service changes. The operator shall provide all subscribers and the city with at least thirty (30) days written notice prior to the implementa- tion of any change in rates or programming services. sec. 15-304. Identification of employees. Every field employee of the operator subcontractors shall wear on his/her or its contractors or outer clothing an 6 ORDINANCE NS-2219 Page 7 065 identification card bearing their name and photograph. Every vehicle of the operator shall be clearly identifiable on sight to the public as belonging to the operator. Sec. 15-305. Tenant rights. It is the city's intent that tenants not be discriminated against in the ability to subscribe to cable services. The operator shall be required to provide service to tenants in individual units of a multiple housing facility with all cable television services offered to other dwelling units within the city, so long as the owner of the facility consents in writing, if requested by operator, to the following: (l) To the operator's providing the cable television service to units in the multiple housing facility; (2) To reasonable conditions and times for installation, maintenance, and inspection of the system on the facility premises; (3) To reasonable conditions established by the operator to protect the operator's equipment and to encourage widespread use of the system. (4) Ail consideration will be given to the safety and welfare of the operator's employees. This requirement will be waived if the operator can demonstrate installation in a multiple housing facility will pose a high risk of danger to employees or equipment. Seo. 15-306. Operator rules and regulations. The operator shall have the authority to establish such reasonable rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the operator to exercise its rights and perform its obligations and to assure an uninterrupted service to each and all of its custom- ers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with [the provisions hereof or] applicable local, state and federal laws, rules and regulations. Sec. 15-307. Enforcement. A residential subscriber of cable television aggrieved by a violation of a provision of this article has a private right of action to enforce the provision of this article violated: (a) Pursuant to the "Consumers Legal Remedies Act", sections 1750 et seq. of the California civil Code; or 7 ORDINANCE NS-2219 Page 8 067 (b) In accordance with the "Cable Television and video Provider Customer Service and Information Act, California Govern- ment Code sections 53054 et seq. SECTION 2: In adopting this ordinance, the City Council of the City of Santa Ana finds and determines as follows: 1. The Cable Communications Act of 1984 (Public Law 98-584), as amended by the Cable Television Consumer Protection and Competition Act of 1992 (Public Law 102-385), permits cities to establish and enforce consumer protection standards governing operators providing cable service within the city, 47 U.S.C. 521 et seq.). 2. It is in the public interest and necessity to adopt the consumer protection standards contained in this ordinance. 3. Cable communication is a product consumed by subscribers which must be maintained as a marketable product with standards comparable to the trade. These findings do not create any rights not heretofore mentioned. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ORDINANCE NS-2219 08~ Page 9 ADOPTED this ATTEST: 5th ~eo~' t~Ycounci~ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye, McGuigan Aye Mills Aye Moreno Aye Richardson Aye day of July Dan~H. Young X~ Mayor APPROVED AS TO FORM: City Attorney 1994. CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /V~- >->-r q to be the original ordinance adopted by the City Council of the City of Santa Ana o ,,{~,~Z; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~/~//,f' 9Z' 9 · ~/' Clerk of the Cou~{cil ~ City of Santa Ana "--/