(1) Reserved. The City reserves the right to adopt customer service standards subsequently by separate ordinance or amendment to this Agreement. Grantee acknowledges and recognizes City's authority and right to adopt customer service standards in the future as provided for and consistent with applicable law.
(2) Interrupted Service. Except in emergency situations the Grantee shall make reasonable best efforts to notify Subscribers in advance if interrupted service is necessary for extensive repairing or upgrading of the Cable System.
(3) Complaints by Subscribers. If a Subscriber or other person or entity making use of the Cable System should have an unresolved complaint concerning quality of service, equipment malfunctions, access to or programming of public channels, or other matters pertaining to the Cable System after reasonable attempts to resolve their complaint with the Grantee, that party shall have the right to file a complaint before the City Manager and meet jointly with a representative of the City and the Grantee to fully discuss and resolve such matters.
(4) System office hours and telephone availability.
(a) The Grantee will maintain a local, toll free, or collect call telephone access line, which will be available to Subscribers twenty-four (24) hours a day, seven (7) days a week.
(i) Trained representatives of the Grantee shall be available to respond to Subscriber telephone inquiries during Normal Business Hours as defined herein.
(ii) After Normal Business Hours, an access line will be available to be answered by a service or an automated response system, including a telephone answering system. Inquiries received after Normal Business Hours must be responded to by a trained representative of the Grantee on the next business day.
(b) Under Normal Operating Conditions, as defined herein, telephone answer time by a customer representative, including wait time, will not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transferred time will not exceed thirty (30) seconds. These standards will be met no less than ninety percent (90%) of the time under Normal Operating Conditions, as measured by the Grantee on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless an historical record of complaints indicates a clear failure to comply with the standards.
(d) Emergency telephone line capacity shall be available on a twenty-four (24) hour basis, including weekends and holidays. Under Normal Operating Conditions, the Subscriber will receive a busy signal less than three percent (3%) of the time.
(e) Customer service center and bill payment locations will be open at least during Normal Business Hours and will be conveniently located.
(5) Installations, outages, and service calls. Under Normal Operating Conditions, each of the following four (4) standards will be met no less than ninety-five percent (95%) of the time, as measured by the Grantee on a quarterly basis:
(a) "Standard" installations will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to one hundred twenty-five feet (125') from the existing distribution system.
(b) Excluding conditions beyond its control, the Grantee will begin working on Service Interruptions, as defined herein, promptly and in no event later than twenty-four (24) hours after the interruption becomes known. The Grantee will begin actions to correct other service problems the next business day after notification of the service problem.
(c) The Grantee will provide "appointment window" alternatives for installations, service calls, and other installation activities, which will be either a specific time or, at maximum, a four (4) hour time block during Normal Business Hours.
(d) The Grantee shall not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment.
(e) If a representative of the Grantee is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber.
(6) Communications between Grantee and Subscribers.
(a) Notifications to Subscribers:
(i) The Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all Subscribers, and at any time upon request:
(A) products and service offered;
(B) prices and options for services and conditions of subscription to programming and other services;
(C) installation and service maintenance policies;
(D) instructions on how to use service;
(E) channel positions of programming carried on the System; and
(F) billing and complaint procedures, including the address and telephone number of the Grantor.
(i) Bills will be clear, concise, and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates, and credits.
(ii) In case of a billing dispute, the Grantee will respond to a written complaint from a Subscriber within thirty (30) days from receipt of the complaint.
(iii) Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the System and in writing. Notice will be given to Subscriber a minimum of thirty (30) days in advance of such changes if the change is within the control of the Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph.
(c) Refund checks will be issued promptly upon request, but no later than the return of all Subscriber equipment provided by the Grantee and, either the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is later.
(d) Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted.
(7) Definitions: For the purposes of this Section, the following definitions shall apply:
(a) "Normal Business Hours" - The term "Normal Business Hours" means those hours during which most similar business in the community are open to serve Subscribers. In all cases, "Normal Business Hours" shall include some evening hours at least one (1) night per week and/or some weekend hours. The Grantee will notify its Subscribers and the Grantor of its Normal Business Hours.
(b) "Normal Operating Conditions" - The term "Normal Operating Conditions" means those service conditions which are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System.
(c) "Service Interruption" - The term "Service Interruption" means loss of picture or sound on one or more channels.
(8) Subscriber late fees: No late fee, interest, or late payment penalty shall be assessed until at least thirty (30) days from the date of original billing.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999