HomeMy WebLinkAboutR04-043 Customer Service Standards Cable Systems and Operations • • CommissionerOi/ /,/ moved adoption of the ollowing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 04 - _ % 3 RESOLUTION APPROVING CUSTOMER SERVICE STANDARDS WITH RESPECT TO CABLE SYSTEMS AND CABLE OPERATORS WITHIN UNINCORPORATED EAGLE COUNTY. WHEREAS, the Board of County Commissioners for Eagle County ("Board") has executed various agreements with cable television providers in Eagle County; and WHEREAS, these agreements require the Cable Operators to comply with Customer Service Standards adopted by the County and as may be amended from time to time; and WHEREAS, the County desires to adopt the Customer Service Standards attached hereto in order to enhance and provide for the regulation of cable television services in unincorporated Eagle County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the attached Customer Service Standards are hereby adopted by the Board and shall be applicable to all Cable Systems and Cable Operators operating in unincorporated Eagle County. THAT, pursuant to Federal law, the terms and conditions of these Customer Service Standards shall become effective ninety (90) days from the date of this Resolution. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commission- s of the County of Eagle, State of Colorado, at its regular meeting held the ∎ day o :' , , 004. o Va; COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: ki BO ARD OF COUNTY COMMISSIONERS 1 * ,Y Ar . tl....)// Joap.9 ... Z" ' / ./ n 'i J By: ' 1- k to the Board of V Tom . Stone County Commissioners Chairman • • Michael L. Gallagher li issioner _ coni Co . -_'_ - - toner Commissioner �� ) seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone 12>?�' Commissioner Gallagher />? !J,l Commissioner Menconi 1.� This Resolution passed by //7i ' y°d`1.�.,1 ./ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • • Customer Service Standards Section 1. POLICY. A Cable Operator should be permitted the option and autonomy to first resolve citizen complaints without delay and interference from the County. Where a given complaint is not addressed by a Cable Operator to the citizen's satisfaction, the County may intervene, if requested to do so by the citizen. In addition, where a pattern of unremedied complaints or noncompliance with these Standards is identified, the County may prescribe a cure and establish a thirty (30) day deadline for implementation of the cure. These Standards are intended to be of general application; however, a Cable Operator shall be relieved of any obligations hereunder if it is unable to perform due to a region -wide natural emergency or in the event of force majeure affecting a significant portion of the County. A Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards. A Cable Operator is responsible to the County to insure that its agents, contractors and subcontractors comply with all applicable provisions of these Standards. Section 2. DEFINITIONS. When used in these Customer Service Standards (the "Standards "), the following words, phrases, and terms shall have the meanings given below. 2.1 "Cable Operator" shall mean any Person, who provide(s) Cable Services and directly or through one or more affiliates owns a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of such a Cable System. 2.2 "Cable Service" shall mean the one -way transmission to Customers of video programming or other programming service, and Customer interaction, if any, which is required for the selection or use of such video programming or other programming service. 2.3 "Cable System" shall mean any facility including that of a Cable Operator consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Customers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Customers without using any right -of -way; (C) a facility of a common carrier which is subject in whole or in part to the provisions of Title 11 of the Federal Communications Act (47 U.S.C. 201, et.seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission 1 • Y of video programming directly to Customers, unless the extent of such use is solely to provide • - 0 -t - u J3- . t _' + - .; o-ssyst-em -open - .. . - . . . - , - i any facilities of any electric utility used solely for operating its electric utility systems. 2.4 "Customer" shall mean any person who lawfully receives Cable Service from a Cable Operator with a Cable Operator's express permission. 2.5 "Customer Service Representative" (or "CSR ") shall mean any person employed by the Cable Operator to assist, or provide service to, Customers, whether by answering public telephone lines, writing service or installation orders, answering Customers' questions, receiving and processing payments, or performing other Customer service- related tasks. 2.6 "County" shall mean Eagle County acting by and through the County Commissioners or its designee. The County refers to the unincorporated portions of Eagle County. 2.7 "Person" shall mean any individual, sole proprietorship, partnership, association or corporation, or any other form of entity or organization. 2.8 "Service interruption" means the loss of picture or sound on one or more cable channels. Section 3. CUSTOMER SERVICE. 3.1. Courtesy All employees of a Cable Operator shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with Customers. 3.2. Accessibility; Cable System office hours and telephone availability (A) A Cable Operator shall maintain a local, toll -free or collect call telephone access line which will be available to its Customers 24 hours a day, seven days a week. (1) Trained company representatives will be available to respond to Customer telephone inquiries during normal business hours. (2) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (B) Under normal operating conditions, telephone answer time by a Customer Service Representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. (C) A Cable Operator will 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. 2 • • (D) Under normal operating conditions, the Customer will receive a busy signal less than three (3) percent of the time. (E) A Customer service center which is encouraged or required by the terms of an agreement with the County, will be open during normal business hours. 3.3. Responsiveness; installations, outages and service calls (A) Under normal operating conditions, each of the following five standards will be met no less than ninety -five (95) percent of the time measured on a quarterly basis: (1) Standard installation will be performed within seven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (2) Excluding conditions beyond the control of a Cable Operator, a Cable Operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. A Cable Operator must begin actions to correct other service problems the next business day after notification of the service problem. (3) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four -hour time block during normal business hours. For purposes herein, "normal business hours" shall be between 8:00 A.M. to 5:00 P.M., Monday through Friday. A Cable Operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the Customer. (4) A Cable Operator may not cancel an appointment with a Customer after the close of business on the business day prior to the scheduled appointment. (5) If a 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 which is convenient for the Customer. (B) A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC "). A 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 to the extent reasonably possible, and shall occur during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.). (C) A Cable Operator's Customer Service Representative shall have the authority to provide credit for interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. 3 (1) Bills will clear, concise and understandable. Biust be fully itemized, with itemizations including, bu 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. In case of a billing dispute, a Cable Operator must respond to a written complaint from a Customer within thirty (30) days. (2) Refund checks will 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 a 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. (E) Treatment of Private Property. (1) A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during installation or construction shall be restored to their prior condition or replaced. Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. (2) A Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner, restore any property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from a Cable Operator's installation, construction, service or repair activities. (3) Except in the case of an emergency involving public safety or service interruption to a large number of Customers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, provided that in the case of construction operations such notice shall be delivered or provided at least twenty -four (24) hours prior to entry. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law, easement, and/or an agreement with the County. For the installation of pedestals or other major construction or installation projects on private property, the property owner and/or resident shall also be notified in writing at least forty-eight hours in advance. In the case of an emergency, a 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. Notwithstanding the foregoing, if another Person's property will be affected by work requested by a Customer or potential Customer, a Cable Operator shall endeavor to provide notice to that Person as well. (4) Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly. 4 • 3.4 Services for Customers with Disabilities A Cable Operator will use reasonable good faith efforts to meet the special needs of Customers with disabilities. 3.5 Notification to Customers (A) A Cable Operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all Customers, and at any time upon request. (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions programming carried on the Cable System; and, (6) Billing and complaint procedures. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be mailed to Customers a minimum of thirty (30) days in advance of such changes if the change is within the control of a Cable Operator. In addition, a Cable Operator shall notify Customers by mail thirty (30) days in advance of any significant changes in the other information required by Section 3.5(A). Notwithstanding any other provision herein, a Cable Operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, agreement fee, or any other fee, tax, assessment, or change of any kind imposed by any Federal or State agency, on the transaction between a Cable Operator and the Customer. (C) All officers, agents, and employees of a Cable Operator or its contractors or subcontractors who are in personal contact with Customers shall have identification cards bearing their name and photograph. A Cable Operator shall account for all identification cards at all times. Every vehicle of a Cable Operator shall be clearly visually identified to the public as working for a Cable Operator. All CSRs shall identify themselves orally to callers immediately following the greeting during each telephone contact with the public. 3.6 Customer Privacy (A) A Cable Operator shall not monitor cable television signals to determine the individual viewing patterns or practices of any Customer without prior written consent from that Customer, except as otherwise permitted by Federal Law. (B) A Cable Operator shall not sell or otherwise make available Customer lists or other personally identifiable Customer information without prior written Customer consent, except as otherwise permitted by Federal Law. A Cable Operator is permitted to disclose such information if 5 • • such disclosure is necessary to render, or conduct, a legitimate business activity related to a cable service or other service provided by a Cable Operator to its Customers. 3.7 Safety A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists with respect to its equipment, a Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. Section 4. COMPLAINT PROCEDURE 4.1 Complaints to a Cable Operator (A) A Cable Operator shall establish written procedures for receiving, acting upon, and resolving Customer complaints, and crediting Customer accounts and shall publicize such procedures through printed documents at a Cable Operator's sole expense. (B) Said written procedures shall prescribe a simple manner in which any Customer may submit a complaint by telephone or in writing to a Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the Customer's contract with a Cable Operator, or reasonable business practices. (C) At the conclusion of a Cable Operator's investigation of a Customer complaint, but in no more than thirty (30) calendar days after receiving the complaint, a Cable Operator shall notify the Customer of the results of its investigation and its proposed action or credit. (D) A Cable Operator shall also notify the Customer of the Customer's right to file a complaint with the County in the event the Customer is dissatisfied with a Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the County. (E) A Cable Operator's complaint procedures shall be filed with the County prior to implementation. 4.2 Complaints to the County (A) Any Customer who is dissatisfied with any proposed decision of a Cable Operator or who has not received a decision within the thirty (30) day period as required shall be entitled to have the complaint reviewed by the County or its designee. (B) The Customer may initiate the review by filing a written complaint together with a Cable Operator's written decision, if any, with the County. (C) The Customer shall make such filing and notification within thirty (30) days of receipt of a Cable Operator's decision or, if no decision has been provided, within forty (40) days after filing the original complaint with a Cable Operator. The Customer shall notify a Cable Operator that a 6 ' • complaint has been filed with the County by mailing a copy of the complaint to a Cable Operator by certified mail, return receipt requested. (D) A Cable Operator shall file a written response to the complaint with the County within fifteen (15) days of receipt of a copy of the complaint from the Customer. (E) If the County or its designee decides that further evidence is warranted, the County or its designee may require a Cable Operator and the Customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. (F) A Cable Operator and the Customer shall produce any additional evidence, including any reports from a Cable Operator, which the County or its designee may deem necessary to an understanding and determination of the complaint. (G) The County or its designee shall issue a determination within fifteen (15) days after examining the materials submitted, setting forth its basis for the determination. (H) The County or its designee may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution. (I) If the County or its designee determines that the Customer's complaint is valid and that a Cable Operator did not provide the complaining Customer with the proper solution and/or credit, the County or its designee may reverse any decision of a Cable Operator in the matter and/or require a Cable Operator to grant a specific solution as determined by the County or its designee in its sole discretion. If the County or its designee finds that the Customer's complaint has no validity, the complaint shall be dismissed with no further action being taken. 4.3 Overall Quality of Service The County may evaluate the overall quality of Customer service provided by a Cable Operator to Customers: (A) In conjunction with any performance review provided for in an agreement with the County; and, (B) At any other time, at its sole discretion based on the number of Customer complaints received by a Cable Operator and the County, and a Cable Operator's response to those complaints. 4.4 Non - Compliance with Customer Service Standards. Non - compliance with any provision of these Standards is a violation of these Standards. Section 5. MISCELLANEOUS 5.1 Severability Should any section, subsection, paragraph, term, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard thereto, such determination shall have no effect on the validity of any other section, subsection, 7 • paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force and effect. 5.2 Non - Waiver Failure to enforce any provision of these Standards shall not operate as a waiver of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards.