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A. Residential Installation.

1. The cable operator shall complete all standard residential installations requested by customers within seven business days after the order is placed, under normal operating conditions ninety-five percent of the time measured on a quarterly basis, unless the customer requests a later date for installation. “Standard” residential installations are those located within one hundred twenty-five feet from the existing distribution system. If the customer requests a nonstandard residential installation, or the cable operator determines that a nonstandard residential installation is required, the cable operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion.

2. Absent unusual circumstances, all underground cable drops from the curb to the home shall be buried at a depth of no less than twelve inches, and within a reasonable period of time (but no later than fourteen days, weather permitting) from the initial installation, or at a time mutually agreed upon between the cable operator and the customer. In all instances, the cable operator must comply with the state’s One Call requirements.

B. Service Appointments.

1. Customers requesting installation of cable service or service to an existing installation may choose a two-hour block of time for the installation or a four-hour block of time for the service appointment between eight a.m. and six p.m. or another block of time mutually agreed upon by the customer and the cable operator. The cable operator may not cancel an appointment with a customer after five p.m. on the day before the scheduled appointment, except for appointments scheduled within twelve hours after the initial call.

2. If the cable operator’s representative 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 that is convenient for the customer.

3. The cable operator 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, provided that the technician has all necessary parts and equipment to complete the specified work order. If the customer is absent when the technician arrives, the technician shall leave written notification of timely arrival. The cable operator shall keep a copy of the notice.

C. Outages and Service Interruptions.

1. In the event of a system outage (loss of reception on all channels) resulting from cable operator equipment failure affecting five or more customers, the cable operator shall respond in accordance with its outage response procedures, and in no event more than two hours after the third customer call is received and shall remedy the problem as quickly as possible.

2. Under normal operating conditions, the cable operator shall use its best efforts to correct service interruptions resulting from cable operator equipment failure by the end of the next calendar day, but in no event longer than forty-eight hours.

3. The cable operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the cable operator’s actions in response to those complaints. The cable operator shall provide the city an executive summary upon request that shall include information concerning complaints.

4. Absent unusual circumstances, the cable operator shall use its best efforts to correct all outages and service interruptions for any cause beyond the control of the cable operator within thirty-six hours, after the conditions beyond its control have subsided but not later than forty-eight hours.

D. TV Reception.

1. The cable service signal quality provided by the cable operator shall meet or exceed technical standards established by the Federal Communications Commission (“FCC”). The cable operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and six a.m.

2. If a customer experiences poor signal quality (whether it relates to a visual or audio problem) which is attributable to the cable operator’s equipment, the cable operator shall respond and repair the problem no later than the day following the customer call; provided, that the customer is available and the repair can be made within the allotted time. If an appointment is necessary, the customer may choose a block of time described in subsection B.1 of this section. At the customer’s request, the cable operator shall repair the problem at a later time that is convenient for the customer.

E. Problem Resolution. A customer service representative shall have the authority to provide credit, waive fees, schedule service appointments and change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within twenty-four hours and resolve the problem within forty-eight hours or within such other timeframe as is acceptable to the customer and the cable operator.

F. Billing, Credits, and Refunds.

1. The cable operator shall allow at least a commercially reasonable number of days from the beginning date of the applicable service period for payment of a customer’s service bill for that period. If the customer’s service bill is not paid within forty-five days of the beginning date of the applicable service period, the cable operator may perform a “soft” disconnect of the customer’s service. If a customer’s service bill is not paid within fifty-two days of the beginning date of the applicable service period, the cable operator may disconnect the customer’s service, provided it has given two weeks’ written notice to the customer that such disconnection may result.

2. The cable operator shall issue refund checks promptly but no later than either the customer’s next billing cycle following resolution of the request or within thirty days, whichever is earlier, or the return of the equipment supplied by the cable operator if service is terminated.

3. Credits for service will be issued no later than the customer’s next billing cycle following the determination that a credit is warranted.

G. Notice/Work. Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the cable operator 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. In the case of an emergency, however, the cable operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Nothing herein shall be construed as authorizing access or entry to private property. Any work on private property shall be conducted in accordance with an agreement between the cable operator and the property owner. If damage is caused by any cable operator activity, the cable operator shall reimburse the property owner one hundred percent of the cost of the damage or replace or repair the damaged property to as good a condition as before the cable operator’s activity commenced. Adjacent or affected property owners shall be notified by mail or door hanger at least one week in advance of the installation of pedestals or other major construction or installation projects in the rights-of-way or on private property. (Ord. 2609-02 § 3(C), 2002.)