CONSUMER SERVICE STANDARDS
STANDARDS
1. Telephone and Office Availability
1.1 The Grantee shall provide Subscribers a toll-free or local
telephone number for installation, service, and complaint calls.
1.2 The Grantee must have telephone lines, either adequately
staffed or with answering capability, providing at least emergency
referral information, which are operational twenty-four (24) hours
a day, every day, including weekends and holidays.
1.3 Under "Normal Operating Conditions" and when phones are
staffed, Subscriber calls to the Grantee will be answered on average
within thirty (30) seconds ninety percent (90%) of the time measured
on a quarterly basis; and Subscribers will receive a busy signal
three percent (3%) of the time or less. Failure to meet these
standards, within a reasonable time, after notice of failure to
do so, shall subject Grantee to appropriate enforcement actions.
1.4.01 On weekdays, during normal business hours the Grantee
must have telephone lines and its office(s) located within the
Service Area open and adequately staffed to respond to Subscribers
in at least four ways:
A. to accept payments;
B. to exchange or accept return of Grantee -provided
equipment;
C. to schedule and conduct technical calls, and
D. to answer Subscriber inquiries.
1.4.02 On Saturdays, Grantee must have telephone lines and
adequate staff available: to accept equipment, such as Converters,
at the option of the Grantee either at its office or in the field
to schedule and perform emergency service or emergency technician
calls; must have the capability to accept payments (this may be
done through arrangements with unaffiliated retailers); and to
answer Subscriber inquiries which may be answered by advising
the caller when and to what number to call back during weekdays.
1.4.03 The Grantee shall notify the Manager of the Office
of Cable & Regulatory Affairs as promptly as possible, by
any available means including accessing telephones away from the
Grantee's premises, whenever there is a total interruption of
telephone service which affects the Grantee's Subscriber Service
phone lines.
1.5 Grantee shall have an office located within the Service
Area at which they shall be able to respond to Subscribers a minimum
of forty-eight (48) hours a week, with a minimum of eight (8)
hours per day, on weekdays.
2. HANDICAPPED ACCESS
2.1 The Grantee shall comply with all rules and regulations
pertaining to the Americans with Disabilities Act.
3. EMPLOYEE IDENTIFICATION
3.1 All personnel of the Grantee contacting Subscribers or
potential Subscribers outside the office of the Grantee must be
clearly identified as associated with the Grantee.
4. INSTALLATIONS
4.1.01 Standard installation charges will apply to those installations
which are within serviceable addresses and consists of an aerial
or underground drop of no more than 125 feet in length running
from the nearest feeder cable of the System to the terminal of
the Subscriber, utilizing exposed wiring inside the Subscriber's
premises. Installations requiring materials or procedures which
exceed those minimum lengths, or in the case of any underground
drop which involves unforeseen or extraordinary conditions, could
be subject to additional charges, as determined by the Grantee,
provided that such additional charges shall be fair, reasonable,
and nondiscriminatory, to the extent applicable law and regulations
provide.
4.1.02 All installations will be in accordance with FCC rules,
including but not limited to, appropriate grounding, adjustment
of the television set in order to receive Service, and the provision
of required consumer information and literature to instruct the
Subscriber in the utilization of the Services.
4.2 Under normal operating conditions, if the Grantee cannot
perform standard installations as defined above within five (5)
business days of request by a Subscriber (provided that the schedule
or preferences of the person requesting installation have not
been responsible for the delay), the Subscriber may request and
is entitled to receive a free standard installation. If the Grantee
fails to provide this free standard installation and the request
was made by the Subscriber within thirty (30) days of the installation
request, the City may direct the Grantee to issue a credit for
the installation. Failure to comply with the City directive will
subject Grantee to appropriate enforcement actions. This section
does not apply to the introduction of new products and services
when Grantee is utilizing a phased introduction.
5. SERVICE INTERRUPTIONS AND OTHER SERVICE PROBLEMS
5.1 The Grantee shall make repairs promptly, and interrupt
Service only if necessary and for the shortest period possible.
5.2 The Grantee shall promptly notify the City of any "Significant
Service Interruption" in the operation of the System. For
the purposes of this Section, a "Significant Service Interruption
in the operation of the System "shall mean any outage a duration
of at least four (4) continuous hours between the hours of 6:00
a.m. to 10:00 p.m. and eight (8) continuous hours between the
hours of 10:00 p.m. and 6:00 a.m. to at least 3,000 of the Subscribers
in the area served by Grantee.
5.3 The Grantee shall exercise its best efforts to limit any
Significant Service Interruption for the purpose of maintaining,
repairing, or construction of the System. Except in an emergency
or other situation necessitating a more expedited or alternative
notification procedure, the Grantee may schedule a Significant
Service Interruption only after the City has been given reasonable
prior notice of the proposed interruption.
5.4 Technicians employed by the Grantee and capable of performing
service-related emergency repairs and maintenance must be available
twenty-four (24) hours a day, including weekends and holidays.
5.501 The Grantee shall provide a monthly summary of service
calls received by category to the Manager of the Office of Cable
& Regulatory Affairs. The definitions used to classify service
calls shall be agreed to by the Office of Cable & Regulatory
Affairs and the Grantee. If possible, report shall be compiled
for the Austin franchise area, otherwise, report may be compiled
on a system-wide basis and reduced by the Allocation Percentage.
5.5.02 Under normal operating conditions, the Grantee will
begin repairing Service Interruptions promptly and in no event
later than twenty-four (24) hours after the interruption becomes
known (including weekends and holidays) unless the Consumer requests
an appointment later than 24 hours after the interruption.
5.5.03 Under normal operating conditions, the Grantee must
begin actions to correct Service problems other than Service Interruptions
the next business day after notification by a Subscriber of the
Service problem unless the Consumer requests an appointment at
a later date
5.5.04 Under normal operating conditions, service-related
Subscriber complaints, if possible, must be resolved within forty-eight
(48) hours (provided that the schedule or preferences of the person
requesting service have not been responsible for the delay) and
in any event, resolution must occur within one (1) week. A complaint
shall be considered to be resolved when signals received by the
subscriber have been brought into compliance with applicable FCC
standards. Those matters requiring additional maintenance, repair,
or technical adjustments that necessitate an excess of one (1)
week to reasonably complete, must be finally resolved, if technically
feasible, within thirty (30) days of the initial complaint if
the complaint has been determined to be the fault of the Grantee.
The Office of Cable & Regulatory Affairs may require reasonable
documentation to be provided by the Grantee to substantiate the
additional time to resolve a complaint. The foregoing does not
apply to service interruptions which occur on an intermittent
basis.
5.6.01 Under normal operating conditions, upon request by
the Subscriber, the Grantee shall provide a credit to Subscriber
when there is an Outage of all channels for a period of twenty
four (24) consecutive hours or more which affects the discrete
definable service area. The credit for such an Outage shall equal,
at a minimum, the value of one-thirtieth (1/30) of Subscriber's
current monthly bill, excluding premium, pay-per-view and special
events, for the first twenty-four (24) consecutive-hour period
and prorated for each additional 4-hour period or portion thereof
that the Outage continues.
5.6.02 Under normal operating conditions, upon request by
the Subscriber, the Grantee shall provide a credit to Subscriber
when there is an Outage of any premium Service for a period of
twenty-four (24) consecutive hours or more which affects a discrete,
definable service area. The credit shall equal, at a minimum,
the value of one-thirtieth (1/30) of Subscribers current monthly
bill, for affected premium services, for the first twenty-four
(24) consecutive-hour period and prorated for each additional
(4) hour period or portion thereof that the Outage continues.
5.6.03 Under normal operating conditions, upon request of
the Subscriber, the Grantee shall provide a credit to the Subscriber
whenever an Outage for a period of twenty four (24) consecutive
hours or more has affected fewer than all of the non-premium channels
received by the affected Subscriber as part of their Service.
The credit shall equal the value of one-thirtieth (1/30) of the
prorated portion of the rate per affected channel times the number
of affected channels.
5.6.04 The Grantee shall, upon request, provide information
to the Manager of the Office of Cable & Regulatory Affairs,
regarding the amount of credits that were issued to subscribers
for loss or degradation of service. If possible, report shall
be compiled on the Austin franchise area, otherwise, report may
be compiled on a system-wide basis and reduced by the Allocation
Percentage.
5.6.05 Repeated failure to provide the proper credit for Outages
shall be grounds for enforcement as provided by this Franchise.
6. INSTALLATION AND SERVICE APPOINTMENTS
6.l The "appointment window" alternatives for installations
and service calls which require Subscriber presence, will be either
a specific time or, at maximum, a four-hour scheduled time block
during normal business hours. The schedule time block may be longer
if the Subscriber consents. (The Grantee may schedule service
calls and other installation activities outside of normal business
hours for the express convenience of the Customer). This provision
does not apply to disconnects, service upgrades or downgrades
which do not require access to the Subscriber’s premises or to
special request orders.
6.2 Under normal operating conditions, if the Grantee does
not arrive for installations or service calls by appointment within
the scheduled four-hour time frame agreed to by the Subscriber,
the Subscriber may request and is entitled to receive a free standard
installation, or $20.00 credit respectively. If the Grantee fails
to provide such free standard installation, and the request was
made by the Subscriber within thirty (30) days of the missed appointment,
the City may direct the Grantee to issue the credit. Failure to
comply with the City's directive will subject Grantee to appropriate
enforcement actions.
6.3 Under Normal Operating Conditions, the Grantee may not
cancel an appointment with a Subscriber after the close of business
on the business day prior to the scheduled appointment without
the Subscriber’s consent.
6.4 If the Grantee's representative is running late for an
appointment with a Subscriber and will not be able to keep the
appointment as scheduled, the Grantee will make an effort to contact
the Subscriber directly. If, however, the Subscriber is unavailable
at the time the contact attempt is made, the Grantee will attempt
a second contact at least one more time during the previously
agreed upon appointment window. The appointment will be rescheduled,
as necessary, at a time which is convenient to the Subscriber.
Contacting the Subscriber will not necessarily negate the requirement
for a free standard installation.
7. NOTICES AND CUSTOMER COMMUNICATIONS
7.1 An opportunity for review and comment by the Office of
Cable & Regulatory Affairs required under this section shall
not imply that prior approval of the Office of Cable and Regulatory
Affairs is required. However, in the event of an error concerning
City information, the Grantee shall not be in compliance with
notification requirements.
7.2 The Grantee shall send annually, written notice to all
Subscribers informing them that any complaints or inquiries not
satisfactorily handled by the Grantee may be referred to the Office
of Cable & Regulatory Affairs. Such notification shall be
either:
A. A separate document which may be included with a
billing statement; or
B. Included on the portion of the monthly bill that
is to be retained by the Subscriber.
The Grantee’s telephone number for Service and the telephone
number for the Consumer Services section of the Office of Cable
& Regulatory Affairs shall be contained in the notice. This
notice shall also fully describe the Grantee’s telephone hours
and, when applicable, the lobby hours and shall include the telephone
number(s) available to Subscribers after the Grantee's normal
business hours through which Subscribers can obtain, at a minimum,
emergency referral information. No promotional material may be
included on the separate document or the portion of the bill containing
this notice. When practicable, a draft of this notice shall be
forwarded to the Office of Cable & Regulatory Affairs, for
review and comment, after which the Office of Cable & Regulatory
Affairs shall respond with comments within 3 business days. The
annual notice may be combined with the notice delineated in Section
7.3.
7.3 The Grantee shall notify affected Subscribers of any pricing
changes or additional charges (excluding temporary marketing and
sales discounts or offers) and/or any changes in programming services
(including the scrambling or descrambling of channels - except
the descrambling of a channel(s) for promotional purposes).
7.4 The Grantee shall provide written information to Subscribers
on each of the following areas at the time of installation of
Service, at least annually to all affected Subscribers, at any
time upon request, and for affected Subscribers, at least ten
(10) days prior to making significant changes in the information
required by this Section:
A. products and services offered;
B. prices and options for programming services and conditions
of subscription to programming and other services and facilities;
C. installation and maintenance policies including,
when applicable, information regarding the Subscriber's home
wiring rights and information describing ownership of internal
wiring during the period Service is provided;
D. instructions on how to use the Service;
E. channel positions of programming offered on the System;
F. billing and complaint procedures, including the name,
address and telephone number of the Office of Cable & Regulatory
Affairs
G. the availability of a Signal control device;
H. the Grantee's practices and procedures for protecting
against invasions of privacy;
I. the address and telephone number of the Grantee’s
office to which complaints may be reported; and
J. when applicable, the Grantee's community Unit Identifier
as specified by the FCC.
In all Subscriber communications, the Grantee shall be as
clear and precise as possible.
7.5.01 Whenever practicable, all required Subscriber notices
shall be submitted for review and comment to the Office of Cable
& Regulatory Affairs.
7.5.02 Notices of changes in rates shall indicate the new
rate and the amount the rate has increased or decreased from the
current rate. Specific words such as "Increase" or "Decrease"
must be used to describe the changes (as opposed to less specific
terms, such as "adjustment").
7.5.03 Notices of changes of programming services and/or channel
locations shall include a concise description of the new programming
service and the specific dial location, of that programming service.
In addition, should the dial location, be affected by the introduction
of a new service, such information must also be included in the
notice.
7.6.01 In order that Subscribers are fully apprised of the
charges they may incur, Companies will generally be required to
note that advertised rates are subject to additional taxes and
fees.
7.6.02 In order that Subscribers are fully apprised of the
charges they may incur, telephone communications with Subscribers
that quote rates, fees, and/or other charges shall inform Subscribers
that the rates, fees, and/or charges are subject to additional
taxes and fees.
7.7 Every notice of termination of Service shall include all
of the following information:
A. the name and address of the Subscriber whose account
is delinquent.
B. current account balance
C. the date by which payment is required in order to
avoid termination of Service.
D. the telephone number of a representative of the Grantee
who can provide additional information and handle complaints
or initiate an investigation concerning the Service and charges
in question.
7.8 For informational purposes only, a listing of the Grantee
closings or holidays will be provided to the Office of Cable &
Regulatory Affairs annually, by no later than January 1 and by
no later than every anniversary thereafter.
8. BILLING
8.1 Bills must be itemized, in accordance with service or
services purchased by subscribers and related equipment charges
as provided by law and regulations. If, on bills, a Grantee chooses
to itemize as a separate line item franchise fees and/or other
governmentally imposed fees attributable to the total bill, such
fees must be shown in accordance with any applicable law concerning
the Grantee's ability to itemize such fees.
8.2 Every residential Subscriber sending payment directly
to the Grantee shall have at least ten (ten) business days from
the postmarked date of the initial bill for the delinquent amount
for Services to pay the listed charges prior to disconnect for
non-payment.
8.3 A specific due date shall be indicated on every Subscriber
bill. This provision applies only to active accounts not those
accounts pending disconnect.
8.4 Any Subscriber who, in good faith, disputes all or part
of any bill has the option of withholding the disputed amount
without disconnection until Grantee has investigated the dispute
and has made a determination that the amount is owed provided
that:
A. The Subscriber pays all undisputed charges;
B. The Subscriber provides written notification of the
dispute to the Grantee in a timely manner and includes identifying
information; and
C. The Subscriber cooperates in determining the appropriateness
of the charges in dispute.
8.5 Subscriber bills from Grantee shall include the name,
address and telephone number of the Office of Cable & Regulatory
Affairs. The Office of Cable & Regulatory Affairs will provide
the required information to Grantee on an annual basis by January
1, or as needed.
8.6 The Grantee shall forward, on a monthly basis, a sample
bill for the current billing period to the Office of Cable &
Regulatory Affairs.
8.7 The Grantee shall forward all regulatory billing inserts
and copies of all other mailings required by governmental authorities
to Subscribers to the Office of Cable & Regulatory Affairs
prior to or at the same time that they are provided to Subscribers.
(Copies of notices to Subscribers must be forwarded to the Office
of Cable & Regulatory Affairs pursuant to the applicable sections
of these Consumer Service Standards.)
9. DISCONNECTION/DENIAL OF SERVICE
9.1 The Grantee shall not terminate residential Service for
nonpayment of a delinquent account unless the Grantee provides
initial notice of the delinquency and impending termination at
least ten (10) days prior to the proposed termination. The notice
shall be mailed, postage prepaid, to the Subscriber to whom the
Service is billed. This notice shall not be sent until the twenty-eighth
(28th) day after the initial bill for Services was mailed to the
Subscriber. The notice of delinquency and impending termination
may be part of a billing statement. This section does not apply
to Subscribers disconnected due to NSF checks.
9.2 The Grantee shall only terminate Service on days when
the Subscriber can reach a representative of the Grantee either
in person or by telephone. Service terminated without good cause
must be restored without charge for the Service restoration. Good
cause includes, but is not limited to, signal leakage, 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.
9.3 Subject to provisions of the franchise agreement, the
Grantee shall furnish and maintain Services to each person, in
the franchise areas, who qualify for service, who makes a request
to receive any programming service. Nothing is these Standards
shall limit the right of the Grantee to deny Service to any household
or individual which has a negative credit or service history with
the Grantee, which may include non-payment of bills or theft or
damage to the Grantee’s equipment, or who has threatened or assaulted
employees of the Grantee in the course of their employment. Provided
that in the event Service is denied, the Grantee will give notice
to the Subscriber of the right to contact the appropriate regulatory
authority, providing name, address, and phone number as directed
by the Office of Cable and Regulatory Affairs.
10. DEPOSITS, REFUNDS, AND CREDITS
10.1 The Grantee may require refundable deposits for service
or equipment. Upon termination of Service for any reason, Subscribers
will be entitled to receive a refund or credit against amounts
owed by the Grantee equal to the deposit.
On all deposits, Grantee shall be required to pay simple
interest at a rate of one-half percent (1/2%) per month (6% per
year). Such interest shall be accrued and payable upon termination
of Service. Upon termination of Service for any reason, Subscribers
will be entitled to receive a refund or credit against amounts
owed the Grantee equal to the deposit plus accumulated interest.
The rate may be modified to reflect prevailing market rates upon
approval by the City which shall not be unreasonably withheld.
Such interest shall be accrued on deposits charged to Subscribers
after the effective date of the franchise. Grantee will not be
required to pay simple interest on deposits received prior to
such effective date.
10.2.01 Refund checks will be issued promptly following the
resolution of the event giving rise to the refund within forty-five
(45) days.
10.2.02 In addition to a refund, if the Grantee fails to
mail a check for a refund to any Subscriber disconnecting Service
with an outstanding credit of $3.00 or more within 45 days of
the date Service is ended, and the Subscriber has returned all
Grantee-owned equipment, the Subscriber is entitled to receive
a $10.00 penalty payment, in addition to the total refund due.
Failure to comply with the $10.00 penalty provision shall be grounds
for appropriate enforcement actions, as part of the Office of
Cable & Regulatory Affairs. Refunds will be provided to Subscribers
with outstanding credits of less than $3.00 upon request.
10.3 Credits for Service will be issued no later than the
Subscribers next billing cycle following the determination that
a credit is warranted.
11. RATES, FEES, AND CHARGES
11.1 The Grantee shall not, except to the extent permitted
by law, impose any fee or charge on any Subscriber for service
calls to said Subscriber's premises to perform any repair or maintenance
work related to Grantee-installed equipment necessary to receive
Service, except any such work which was necessitated by a negligent
or wrongful act of said Subscriber.
11.2 Where the actions of the Grantee, its agent(s) or subcontractor(s)
can be shown upon a reasonable demonstration of evidence to have
contributed to the theft, loss or damage of a converter or other
equipment lawfully used by a Subscriber, the Subscriber’s liability
with respect to said converter or other equipment shall be reduced
to the extent of such contributing actions.
11.3 All charges for residential Services must be applied
on a nondiscriminatory basis as provided by law, allowing however,
for reasonable discounts to senior citizens and/or the economically
disadvantaged and that the Grantee may conduct promotional campaigns
in which rates are discounted or waived, and may offer commercial
rates or bulk rate discounts for multiple dwelling units, hotels,
motels and similar institutions.
11.4 The Grantee shall not assess late fees until at least
30 days after the initial bill for current services has been mailed.
11.5 The Grantee shall be entitled to recover a fee for all
checks returned due to non-sufficient funds.
12. PRIVACY PROTECTIONS
12.1 The Grantee shall comply fully with all applicable State
and federal laws relating to the protection of Subscriber privacy.
The Grantee shall not disclose the telephone number of any Subscriber
for any purpose that is not directly related to the provision
of services offered by Grantee.
12.2 The Grantee shall not require more personally-identifiable
information than is necessary to confirm the identity of a Subscriber
and any past due amounts owed the Grantee. The type of information
considered to be necessary, may vary depending on the individual
Subscriber. The Grantee may deny service if a Subscriber fails
to produce any verifiable personally-identifiable information
after being requested to do so.
13. ENFORCEMENT
13.1 The City may seek injunctive relief or any other Judicial
remedy available pursuant to state or federal law in order to
enforce compliance with these standards.
14. RIGHTS RESERVED BY THE CITY
14.1 The City reserves the right to establish additional,
reasonable consumer service standards from time to time, as may
be necessary, after making a finding of need and after notice
and opportunity to be heard from the Grantee and Grantee has agreed
to said changes.
14.2 The City reserves the right to regulate rates for video
Service to the fullest extent permitted by law.