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
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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.
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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
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Y of video programming directly to Customers, unless the extent of such use is solely to provide
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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.
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(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.
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(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.
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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
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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
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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,
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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.