Consumer Protection and Customer Service Standards.

15.241. 

Communications To Subscribers. Grantee shall provide, at the time of Installation, at least annually, when there is a change to information provided Subscribers, and upon request by a Subscriber, information concerning the following:

A. 

Products and services offered;

B. 

Prices for programming services and conditions of subscription to programming and other services;

C. 

Installation and service maintenance policies;

D. 

Instructions on how to use the cable service;

E. 

Channel positions of programming carried on the system;

F. 

Billing and complaint procedures, including the address and telephone number of the Franchising Authority.

15.242. 

Notification of Changes in Rates, Programming, or Channel Positions. Grantee shall notify Subscribers of any increases in rates, changes in programming services or Channel positions, as soon as possible. Notice must be given to the Franchising Authority at a minimum of forty-five (45) days in advance and to subscribers at a minimum of thirty (30) days in advance of such changes, if the change is within the control of the cable operator. In addition, the cable operator shall notify the City and subscribers thirty (30) days in advance of any significant changes in the other information required in Section 15.241.

15.243. 

Customer Service Facilities.

A. 

Grantee shall maintain a customer service facility within the boundaries of the City of West Allis with the capacity to accept payments, adjust bills, respond to repair, installation or other service calls, distribute or receive Converter boxes, remote control units or other related equipment, and receive complaints.

B. 

Said customer service facility shall be open to the general public at least a minimum of forty-four (44) hours per week. Of that time, there shall be a minimum of four (4) hours on Saturday between 9:00 AM and 5:00 PM., and at least one (1) day per week in which the office is open between 8:00 AM to 10 AM, and one day (1) per week in which the office is open between 5:00 PM and 7:00 PM.

C. 

Grantee may, at its option, provide Subscribers with bill payment facilities through retail, financial or other commercial institutions located within the boundaries of the City of West Allis. Grantee may, at its option, provide secured collection boxes for receipt of bill payments.

15.244. 

Fairness and Accessibility to Subscribers and the Public. Grantee's customer services shall be operated in a manner consistent with the principles of fairness and equal accessibility of its facilities and other services to all citizens, businesses, public agencies or other entities having a legitimate use for the Cable System or any Video Communications System and Grantee's facilities; and, no one shall be arbitrarily excluded from their use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same and, where such rules are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Regulatory Board.

[Ord. 6400, amend, 10/6/1998]

15.245. 

Telephone Service.

A. 

Grantee shall maintain a local, toll-free, telephone access line which is available to Subscribers twenty-four (24) hours per day, seven (7) days per week. Said telephone service shall be staffed by trained customer service representatives who shall be available to respond to customer telephone inquiries during Grantee's hours of business operation, as determined by the provisions of Section 15.243(B).

B. 

After the hours of Grantee's business operation, the telephone access line shall be answered either by, at Grantee's option, a service or automated response system. With the exception of requests for restoring cable service in the event of an outage, inquiries received after Grantee's hours of business operation shall be forwarded and responded to by a customer service representative of Grantee on the next business day.

C. 

Grantee shall, under normal operating conditions, answer telephones staffed by customer service representatives, or through a service or automated response system, within thirty (30) seconds, including wait time, from when the connection is made. If the call needs to be transferred, transfer time shall not exceed ninety (90) seconds. These standards stated herein shall be met no less than ninety percent (90%) of the time as measured on a monthly basis under normal operating conditions. Grantee shall follow the definition for normal operating conditions, as established by the FCC under Code of Federal Regulations Title 47, Section 76.309(c)(4)(ii).

D. 

Grantee shall, under normal operating conditions, assure that the customer obtain a busy signal no more than three percent (3%) of the time, as measured on a monthly basis.

E. 

Incoming telephone calls from Subscribers to the Grantee shall not exceed an abandonment rate of five percent (5%), as measured on a quarterly basis.

15.246. 

Service and Repair Calls.

[Ord. 6400, amend S. 15.246(A)(D)(E), 10/6/1998]

A. 

Grantee shall establish a maintenance service capable of identifying, locating and correcting system malfunctions in an expeditious manner. Said service shall be available on a twenty-four (24) hour basis, seven (7) days per week, to restore service of the Cable System or any Video Communications System to Subscribers in the event of significant deficiencies or failure of the Cable System or any Video Communications System.

B. 

Grantee shall provide to Subscribers a listed local or toll-free telephone number for service and repair calls. The telephone number may be the same as that required by Section 15.245(A).

C. 

Excluding conditions beyond the control of the Grantee, Grantee shall begin working on complaints, requests and interruptions to cable service promptly and, in no event shall the response time for calls received subsequent to 12:00 PM exceed twenty-four (24) hours. The Grantee shall begin action to correct other service problems within four (4) hours, if received by 12:00 PM, or not later than the next business day after notification of service problems, if the call is received after 12:00 PM.

D. 

Grantee shall immediately initiate corrective action for any outage affecting three (3) or more Subscribers who receive services from the same trunk or feeder line. Restoration of the Cable System or any Video Communications System from a condition of outage shall be completed as promptly as is feasibly possible, but in no situation longer than twenty-four (24) hours after notice without the express authorization of the City.

E. 

An outage affecting three (3) or more Subscribers in a multi-family dwelling served from the same Cable System or any Video Communications System tap shall be corrected in the same manner as stated hereinabove.

F. 

For each repair, service, installation and installation-related activity call, the Grantee shall establish either a specific time for an appointment with the customer or specify, at maximum, a four (4) hour time block during the Grantee's hours of operations. The Grantee may, at its discretion, schedule service calls and other Installation or Installation-related activities outside of its usual hours of operations for the express convenience of the customer.

G. 

Grantee, or its agents or designees, shall not cancel an appointment with a customer after the close of business on the business day prior to the appointment.

H. 

Upon completion of the service call, Installation or Installation-related activity, the customer shall receive a report of the service call. Grantee may send this report by United States mail within fourteen (14) days of the service date if the customer is not present at the time of the service call.

I. 

A representative of the Grantee shall contact a customer in the event that a service repair technician or other representative of the Grantee is running late for an appointment and will be unable to keep the scheduled appointment time. Grantee or his representative shall reschedule the appointment, as necessary, at a time which is convenient to the customer.

J. 

The standards promulgated in Sections 15.245(A) through (J) shall be met no less than ninety-five percent (95%) of the time measured on a quarterly basis.

15.247. 

Credits for Missed Service Appointments. The Grantee shall issue a credit equal to one day of service if the Grantee's technician is unable to make a scheduled service call appointment or is unable to complete a scheduled service call due to a late arrival. This Section shall not limit or prohibit Grantee from providing other credits or refunds for missed service appointments in excess of those described hereinabove as a part of its corporate policy or participation in a promotional activity which pertains to the provision of on-time service appointments.

15.248. 

Identification of Customer Service Representatives and Technicians.

A. 

Upon telephone contact by a customer, customer service representatives of the Grantee shall identify themselves by name. Technicians representing the Grantee or his subcontractors shall wear a company identification badge prominently displayed on the outermost clothing of the technician or subcontractor.

B. 

Technicians of the Grantee and his subcontractors shall identify vehicles used for technical service with the name of the Grantee or subcontractor of the Grantee. Vehicles belonging to the subcontractor shall also be identified with the Grantee's name. The type of identification need not be of a permanent nature.

15.249. 

Billing Practices.

A. 

The Grantee shall send Subscribers a monthly statement indicating a date for payment due.

B. 

The Grantee shall send bills that are clear, concise and understandable. Such bills must 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.

C. 

All statements shall clearly indicate a date showing when the bill was sent and shall clearly indicate a telephone number for billing inquiries and adjustments.

D. 

All statements shall clearly denote the dates of service for which the Subscriber is being billed.

E. 

The Grantee shall issue the Subscriber a credit for the loss of four (4) continuous hours of service. Credits shall be applied to the Subscriber's monthly bill. Loss of service shall include, but not be limited to, loss of cable audio or video service from the cable to the Subscriber's television set, converter box failure or failure of similar devices which provide cable service to the Subscriber's television set. Credit adjustments shall be made no later than one (1) billing cycle following the determination that a credit is warranted.

F. 

The Grantee shall issue the Subscriber a refund, if any is due, upon termination of cable service and return of rental equipment for the reception of cable signals. The Grantee shall refund the Subscriber in the form of a refund check. Refund checks shall be issued promptly, but no later than either the customer's next billing cycle following resolution of the request, or thirty (30) days, whichever is earlier, or the return of the equipment supplied by the Grantee if service is terminated.

G. 

Past due billing statements or past due notices shall be delivered in the same manner and method as the Subscriber billing statement. The Grantee may, at its discretion, send past due notices more frequently to the Subscriber than the regular Subscriber statement.

H. 

The Grantee shall be prohibited from engaging in negative option billing, as so defined in Section 623(f) of the Cable Consumer Protection and Competition Act of 1992 (47 CFR 543).

15.2410. 

Equipment and Service Deposits.

A. 

The Grantee may assess a reasonable deposit for the acquisition of cable service by a Subscriber and for the rental of converter box, remote control and related equipment necessary for the reception or interdiction of cable service to the Subscriber's television set. Grantee shall receive no deposit, advance payment or penalty from any Subscriber or potential Subscriber for services other than those which are specified in Section 15.213 herein.

B. 

Upon the termination of cable service by the Subscriber and return of converter boxes, remote control units and related equipment, in reasonable condition, deposits for said service and equipment shall be returned to the Subscriber at the time when the equipment supplied by the Grantee is returned.

C. 

If the Subscriber has placed a deposit for cable services and related equipment in an amount exceeding one hundred dollars ($100), the Grantee shall place the deposit in an interest-bearing account and refund the deposit and interest upon termination of cable service and return of the equipment, in reasonable operating condition.

D. 

Deposits for Installation of service shall be returned to the Subscriber within thirty (30) days, or cancellation of service.

E. 

Grantee shall refund to any Subscriber of less than thirty (30) days an amount equal to the installation and connection charge paid by such Subscriber, in accordance with the then existing schedule of charges due to:

(1) 

Grantee's failure to render service to such Subscriber of a type and quality provided for herein;

(2) 

If service to a Subscriber is terminated by the Grantee without good cause; or,

(3) 

If the Grantee ceases to operate the Cable System or any Video Communications System authorized herein for any reason except for termination or expiration of the Franchise.

[Ord. 6400, amend, 10/6/1998]

Under the terms of this Section, the Grantee shall be required to refund the monthly charge on a prorated basis for interruption of service.

15.2411. 

Subscriber Complaint Procedure.

A. 

Upon receipt by the Grantee of a complaint by phone or in writing, the Grantee shall document said complaint and, where necessary, investigate or reply to the Subscriber's complaint within twenty-four (24) hours of receipt of said complaint.

B. 

If the Grantee's response to the complaint is not satisfactory to the complainant, the complainant shall be referred to the Grantee's appropriate management personnel for further assistance. Grantee's management shall make a good faith effort to reach resolution of the complaint in a manner satisfactory to the complainant within forty-eight (48) hours of referral of said complaint. If Grantee's management cannot resolve the complaint to the satisfaction of the complainant, Grantee shall provide the name, address and telephone number of appropriate management staff at the next level of operations, to include area, regional or national offices.

[Ord. 6400, amend, 10/6/1998]

C. 

Grantee shall respond in writing to written Subscriber complaints within fourteen (14) calendar days of receipt of said complaint. The Grantee shall make a good faith effort to resolve such complaints within a reasonable period of time, such period of time not to exceed forty-five (45) calendar days after receipt of such correspondence. Complaints which have not been satisfactorily resolved may be brought to the attention of the Franchising Authority by a citizen, Subscriber or by the Grantee upon expiration of the forty-five (45) day period.

15.2412. 

Installation of Service.

A. 

Standard Installations will be performed within five (5) business days after an order has been placed. Standard Installations shall be those that are located up to one hundred twenty-five (125) feet from the existing Cable System or any Video Communications System.

[Ord. 6400, amend, 10/6/1998]

B. 

Where the Grantee has received a request for a non-standard Installation, which shall include, but not be limited to, those Installations which are located more than one hundred twenty-five (125) feet from the existing distribution system, or an Installation that does not meet general specifications of a standard Installation as a result of the requirements of the Subscriber, the Grantee shall provide said non-standard Installation within seventy-five (75) calendar days of the receipt of the request, provided that the Grantee has applied for and received all necessary permits, approvals and/or licenses prior to the scheduled date of Installation.

C. 

Where Installation is to take place in a single-family or multi-family housing unit, subdivision, commercial building or condominium association building or common area, the Grantee shall be required to receive approval of construction plans for wiring of Subscriber Drop cable and rights of entry onto the premises prior to the start of installation work. In the event that the Grantee must use an easement for transmission of cable service to a Subscriber on property owned by a condominium association, Grantee shall secure said easement in accordance with all applicable local and state laws and regulations.

D. 

Temporary Subscriber Drops shall be buried within ninety (90) days of the date of installation, unless the Grantee receives permission from the City to postpone burial.

15.2413. 

Service Disconnection.

A. 

A Subscriber shall have the ability to disconnect his service at any time at no charge. The Grantee shall disconnect the Subscriber's service within forty-eight (48) hours of notification to the Grantee of the request for disconnection.

B. 

A Subscriber shall not be disconnected if the status of his account is in dispute and notice is given by the Subscriber to the Grantee, in writing, that the status of his account is in dispute, and the Grantee and the Subscriber are working to resolve the amount in dispute. If no resolution is reached within sixty (60) days, Grantee may disconnect the Subscriber.

15.2414. 

Authority to Investigate Subscriber Complaints. The Franchising Authority shall have the authority to investigate complaints tendered by Subscribers upon notification to the Franchising Authority either by telephone or in writing. The Franchising Authority shall keep a documented record of all complaints. Complaints received by the Franchising Authority shall be forwarded to the Grantee. Upon completion of investigation of a Subscriber complaint, the Franchising Authority shall have the authority to order the Grantee to correct any error, deficiency or violation of the Franchise Agreement or this Ordinance found in the course of such investigation. The Franchising Authority shall have the authority to require the Grantee to develop procedures for resolution of complaints, as a condition of the Franchise Agreement, and to require the Grantee to review and amend such procedures from time to time, if necessary.

15.2415. 

Promotional Materials. Grantee shall file with the Franchising Authority a copy of all local, regional, statewide or national promotions, which it offers to Subscribers, not later than the date of mailing to Subscribers.