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OR 2003-1039 Amending Coppell Cable Communications OrdinanceAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2003-1039 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 93615 THE CITY OF COPPELL CABLE COMMUNICATIONS ORDINANCE BY ADDING SECTION l l(H); PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Ordinance 93615, the City of Coppell Cable Communications Ordinance, is amended in part by adding section 1 l(h) to read as follows: "SECTION 1 l(h). CUSTOMER SERVICE REQUIREMENTS. These standards shall apply to the Company, any Affiliates of Company and other Cable Operators to the extent they are providing Cable Services over the Cable System. A. DEFINITIONS 1. Outage: A Service Interruption affecting multiple Subscribers in a contiguous area that has the same source problem. 2. Service Call: The action taken by the Company to correct a Service Interruption affecting an individual Subscriber. 3. Service Interruption: The loss of picture or sound on one or more Channels. 4. Standard Installation: Installations where the length of the Drop is up to one hundred twenty-five (125) feet. Normal Operating Conditions: Those service conditions which are within the control of the Company. Those conditions which are not within the control of the Company include, but are not limited to, natural disasters, civil disturbances, labor strikes or slowdowns, telephone network outages, interruption of electric power service which is not a direct result of the Company's actions, and severe or unusual weather conditions. Those conditions which ordinarily are within the control of the Company include, but are not limited to, special promotions, pay-per-view events, rate adjustments, regular peak or seasonal demand periods, backup power during power outages, changes in billing cycles, changes in channel line-ups that are within Company's control, construction, rebuilds, maintenance (including repairs related thereto) and/or upgrade of the Cable System. B. TELEPHONE AVAILABILITY The Company shall maintain a toll-free number to respond to all calls and inquiries from Subscribers in the Franchise Area and/or City residents regarding Cable Service. Company representatives trained and qualified to answer questions related to Cable Service in the Franchise Area must be available to receive requests for Service Calls or report Outages twenty-four (24) hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week, including some evening and weekend hours. Company representatives shall identify themselves by name when answering this number. The Company's telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone Company or companies serving the Franchise Area. In the event that the Company chooses to use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU") to distribute calls, the system shall have as a first tier menu option (not including a routing option for foreign language), an option "for all other inquiries." If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. After the first tier menu (not including a foreign language routing option) has run through twice, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. The Company may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. The total elapsed time between when a Subscriber's call is first answered by an ARU or VRU to the end of the last tier menu shall not be longer than ninety (90) seconds. For purposes of this subsection, the "last tier menu" is the last tier before the Subscriber is routed to a live representative, or specific information is given to the Subscriber, such as instructions for troubleshooting or directions to an office. The City may review the options provided to callers and recommend to the Company that additional options be provided. The Company shall consider the City's recommendations. Under Normal Operating Conditions, calls received by the Company shall be answered within thirty (30) seconds after the Subscriber has selected their final menu option. The Company shall meet this standard for ninety percent (90%) of the calls it receives, as measured on a calendar quarter basis. Measurement of this standard shall include all calls received by the Company, whether they are answered by a live representative, automated attendant, or abandoned before completion. If the Company does not meet the ninety percent (90%) standard described in this Paragraph 4. during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). · Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand three hundred dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] 5. Under Normal Operating Conditions, callers to the Company shall receive a busy signal less than three (3%) percent of the time during any calendar quarter. Not more than thirty (30) days after the end of each calendar quarter, the Company shall report to the City the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: · total number of calls received by the Company · number of calls answered by these categories: live representative, automated attendant, and abandoned · number of calls answered within thirty (30) seconds · percentage of calls answered within thirty (30) seconds · percentage of time all trunks were busy The material substance of the report shall be in a form reasonably acceptable to the City. If the City does not receive the quarterly calls report when due, the City shall give notice to the Company. The Company shall be assessed liquidated damages in the amount of fifty dollars ($50) per day for every day following receipt of the notice that the report is not provided to the City. The Company shall not be assessed liquidated damages for failure to report on statistics which cannot be produced for reasons outside of its control, provided that the Company supplies an explanation to the City as to why the statistics required herein could not be produced. The Company shall notify the City's designee as promptly as possible, by any available means, whenever there is a situation that prevents all Subscribers from being able to reach the Company by telephone. For failure to so notify the City, Company shall pay liquidated damages of two hundred fifty dollars ($250) to the City. At the Company's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change at least thirty (30) days in advance of any implementation. C. INSTALLATIONS AND SERVICE APPOINTMENTS All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of the Company-supplied equipment and Cable Services. Under Normal Operating Conditions, Standard Installations shall be performed within seven (7) days after an order has been placed, except when a Subscriber has specifically requested an installation date later than seven (7) days after order placement. The Company shall meet this standard for ninety percent (90%) of the Standard Installations it performs, as measured on a calendar quarter basis, excepting out customer requests for connection later than seven (7) days after order placement. If the Company does not meet the ninety percent (90%) standard described in this Paragraph B. during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). · Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand three hundred dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] In addition, any individual Subscriber who does not have their Standard Installation completed within the seven (7) day period shall be entitled to receive a free Standard Installation upon request, excepting out Subscribers who request installation later than seven (7) days after order placement. 3. The Company shall provide the City with a report within thirty (30) days following the end of each calendar quarter, noting the following: · number of total Standard Installations completed for the quarter, excluding those requested outside of the seven (7) period by the Subscriber · number of Standard Installations completed within the seven (7) day period · number of Standard Installations not completed within the seven (7) day period · percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber At the Company's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change not less than thirty (30) days in advance. The Company will offer Subscribers "appointment window" alternatives for installations, Service Calls, and other installation activities of a maximum four (4) hour scheduled time block between the hours of 8:00 a.m. and 7:00 p.m. except during months where available light does not permit appointments after 6:00 p.m.. At the Company's discretion, the Company may offer Subscribers appointments other than these four (4) hour time blocks if agreeable to the Subscriber. The Company may offer to schedule Subscriber appointments for a specific time and shall schedule the Subscriber to be the first call of the day or last call of the day if requested by the Subscriber and warranted by the circumstances. The Company shall also perform some Service Calls outside of the hours specified above in the evenings and on weekends. At the request of the Subscriber, the Company will call the Subscriber prior to an installation or Service Call appointment. The call shall be made by the Company at the approximate time and to the telephone number requested by the Subscriber. At the time this Franchise was entered into, Company was voluntarily participating in the industry "On-Time Guarantee" program. Under the terms of that program, if the Company does not arrive for an installation or Service Call appointment within the scheduled time flame agreed to with the Subscriber, the Subscriber is entitled to receive either a free Standard Installation in the event of an installation appointment, or a $20.00 credit in the event of a missed Service Call appointment. Calling a Subscriber during the appointment window does not negate the Subscriber's entitlement to credit for a missed appointment. The Company will participate in this program and reserves the right to substitute another customer service program for the "On-Time Guarantee" at its discretion, provided that the Subscriber benefits are reasonably comparable to those provided by the current program. Under Normal Operating Conditions, the Company may not cancel an appointment with a Subscriber after 6:00 p.m. on the business day prior to the day of the scheduled appointment. If the Company's representative is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Company will document an effort to contact the Subscriber directly. If, however, the Subscriber is unavailable at the time the contact attempt is made, the Company will attempt at least a second documented contact during the previously agreed upon appointment window or before the specifically scheduled time. The appointment will be rescheduled, as necessary, at a time which is mutually agreeable. If it is necessary to place a temporary Drop on the ground, the Company shall bury the temporary Drop within fourteen (14) business days, under Normal Operating Conditions. If the path of the drop must cross a public right-of-way, then the Company must obtain the appropriate permits in accordance with existing City Ordinances prior to the burial of the drop, within three (3) business days of the placement of the temporary drop. The fourteen (14) day period shall be extended for days that the Company is unable to bury the Drop due to unfavorable weather conditions. D. SERVICE INTERRUPTIONS AND OUTAGES The Company shall make repairs promptly, and interrupt Cable Service only as necessary and for the shortest time period possible. Unless otherwise required by law or approved by the City, the Company will not schedule routine testing or maintenance which would cause a Service Interruption or Outage on Friday, Saturday or Sunday night. The Company shall promptly notify the City of any significant Outage of the Cable System. For the purposes of this section, a significant Outage of the Cable System shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Franchise Area. The Company shall exercise its best efforts to limit any Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Company may schedule an Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the City and each affected Subscriber in the City have been given fifteen (15) days prior notice of the proposed Outage. 4. Technicians employed by the Company who are capable of responding to Outages must be available to respond twenty-four (24) hours a day, seven (7) days per week. Under Normal Operating Conditions, the Company must respond to a call or written notice from a Subscriber regarding a Service Interruption within twenty-four (24) hours. The Company must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the City of a Cable Service problem. No charge shall be made to the Subscriber for any resulting repairs or maintenance unless such repairs or are not attributable to the Company's operation of the Cable System. Under Normal Operating Conditions, the Company shall complete Service Calls within seventy-two (72) hours after being notified of a Service Interruption, not including situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hours period. 7. The Company shall meet the standard in Paragraph F. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. If the Company fails to meet this standard during any calendar quarter, liquidated damages may be assessed by the City against the Company as follows: Any quarter where the Company performs equal to or greater than eighty-five (85%) and less than ninety percent (90%), the Company shall pay the City one hundred dollars ($100). Any quarter where the Company performs equal to or greater than seventy-five percent (75%) and less than eighty-five percent (85%), the Company shall pay the City three hundred dollars ($300). Any quarter where the Company performs equal to or greater than sixty-five percent (65%) and less than seventy-five percent (75%), the Company shall pay the City one thousand dollars ($1,000). · Any quarter where the Company performs less than sixty-five percent (65%), the Company shall pay the City two thousand dollars ($2,000). For any consecutive quarter(s) in which the Company performs at a level below ninety percent (90%), the Company shall pay the City the amount listed above for the most recent quarter, plus the amount paid to the City for the previous quarter. For example, if the Company performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Company shall pay the City three hundred dollars ($300) for the first quarter and two thousand three hundred dollars ($2,300) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. If Company continues to have a 60% performance in the third quarter, the payment shall be four thousand dollars ($4,300) [$2,000 for the most recent quarter and $2,300 for the previous quarter.] 8. The Company shall provide the City with a report within thirty (30) days following the end of each calendar quarter, noting the following: number of total Service Calls completed for the quarter, not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period · number of Service Calls completed within the seventy-two (72) hour period percentage of Service Calls completed within the seventy-two (72) hour period, not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period At the Company's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The Company shall notify the City of such a change at least thirty (30) days in advance. Under Normal Operating Conditions, the Company shall provide credit upon Subscriber request to affected Subscriber(s) when all Channels received by that Subscriber are out for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Company to verify the problem if requested by the Company. 10. Under Normal Operating Conditions, the Company shall provide a credit upon Subscriber request to any Subscriber experiencing a Service Interruption of any Channel(s) for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Cable Service. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Company to verify the problem if requested by the Company. 11. Under Normal Operating Conditions, if an outage affects all video programming Cable Services in an area which serves more than ten percent (10%) of total Company Subscribers in the Franchise Area, for more than twenty-four (24) consecutive hours, the Company shall issue an automatic credit to the affected Subscribers in the amount of the value of Basic plus Expanded Basic Service for the proportionate time the Cable Service was out. Such credit will be reflected on Subscriber billing statements within forty-five (45) days following the outage. Such credit under this provision does not negate the Subscriber's right to request additional credit under items 9 and 10 herein. 12. With respect to service issues concerning cable services provided to City facilities, Company shall respond to all inquiries from the City within four (4) hours and shall make necessary repairs within twenty-four (24) hours under Normal Operating Conditions. If such repairs cannot be completed within twenty-four (24) hours, the Company shall notify the City in writing as to the reason(s) for the delay and provide an estimated time of repair. E. CUSTOMER COMPLAINTS The Company shall maintain a written log or an equivalent stored in computer memory and capable of access and reproduction in printed form, of all cable-related Subscriber contacts, which result in a Service Call. Such log shall, at a minimum, list the date and time of such contact, the nature of the complaint, and when and what actions were taken by the Company in response thereto. Such log shall be kept at the Company's office in or near the Franchise Area, for a period of at least three (3) years and shall be available for inspection during regular business hours by City upon request, subject to Section 631 of the Cable Act regarding Subscriber privacy. Additionally, the Company shall maintain a written or electronic log of every Subscriber complaint referred by the City, including the dates, times and detailed information related to the complaint and resolution. The Company shall cooperate with the City in the development of this log format. If the City receives a pattern of complaints from Subscribers which indicates a recurring problem, City may require the Company to maintain a manual or electronic log of the problem being tracked until such time as the calls to the City are reasonably reduced. Under Normal Operating Conditions, the Company shall resolve Subscriber complaints referred by the City within seventy-two (72) hours. The Company shall notify the City of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be finally resolved within ten (10) days of the initial complaint. The City may require reasonable documentation to be provided by the Company to substantiate the request for additional time to resolve the problem. If the Company fails to resolve a complaint within the required seventy-two (72) hours (or extended period), the Company shall pay to the City one hundred fifty dollars ($150) per day for each day the complaint is not resolved within the specified time frame. For purposes of this subsection, "resolve" means that the Company shall perform those actions, which in the normal course of business, are necessary to respond to the Subscriber' s problem. F. BILLING Subscriber bills must be itemized, in accordance with Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate all activity during the billing period, including optional charges, rebates, credits, and late charges. If the Company chooses to itemize franchise fees and/or other governmentally imposed fees as a separate line item(s), such fees must be shown in accordance with applicable law. The Company shall maintain records of the date and place of mailing of bills and upon request shall certify in writing to City the date of mailing of each group of bills. Every Subscriber with a current account balance sending payment directly to Company shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. To the extent that the Company chooses to bill in advance for Cable Services, every Subscriber with a current account balance sending payment directly to the Company shall be given at least fifteen (15) days from the first day of the billing period until the 10 payment due date. The billing period is the time period for which Cable Services are being billed. For example if the customer's billing period is from the 1st to the 31st of the month, the due date shall not be earlier than the fifteenth (15th) day of the month. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as "upon receipt"; however, the current portion of that bill shall not be considered past due except in accordance with B and C above. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: · The Subscriber pays all undisputed charges; · The Subscriber provides notification of the dispute to Company within five (5) days of the due date; and · The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. It shall be within the Company's sole discretion to determine when the dispute has been resolved, however, the City has the right to determine if the Company has met its obligations to the Subscriber under this subsection. Under Normal Operating Conditions, the Company shall investigate and resolve all billing complaints received from Subscribers within five (5) business days of receipt of the complaint if the dispute is regarding charges that are no greater than six (6) months old, or within fifteen (15) business days if the dispute involves charges that are more than six (6) months old. Subscriber bills from the Company shall include the name, address and telephone number of the appropriate regulatory agencies, including the City. The City shall have the opportunity to approve the name, address and telephone number of the City that appears on the bills. 8. The Company shall provide a telephone number and address on the bill for Subscribers to contact the Company. 9. The Company shall forward a copy of any billing inserts or other mailing sent to Subscribers to the City upon request. 10. The Company shall provide all Subscribers with the option of paying for Cable Service by (1) cash, (2) check, (3) an automatic payment plan, where the amount of the bill is automatically deducted from a checking account designated by the 11 Subscriber, or (4) by using a major credit card, as determined by the Company, on a preauthorized basis. The City recognizes that only option (4) above is available as of the effective date of this Franchise for subscription to the Company's cable Internet service, but that the Company is taking steps to make options (1) - (3) available in the near future. The City reserves the right to enforce the requirement above for the cable Internet service if the Company has not voluntarily made available the other payment options within eighteen (18) months of the effective date of the adoption of these customer service standards. G. DEPOSITS, REFUNDS AND CREDITS The Company may require refundable deposits from Subscribers with 1) a poor credit or poor payment history, 2) who refuse to provide credit history information to the Company, or 3) who rent Subscriber equipment from the Company, so long as such deposits are applied on a non-discriminatory basis. The maximum deposit the Company may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information is the average of a typical Subscriber's bill over the most recent six (6) month period. The maximum deposit the Company may charge for Subscriber equipment is the cost (not depreciated value) of the equipment which the Company would need to purchase to replace the equipment rented to the Subscriber. The Company shall pay simple annual interest at five percent (5%) on deposits collected for equipment which are unrelated to poor credit or poor payment history if the deposit is held by the Company for a period in excess of one year, and the Subscriber's account is current at the time the deposit is refunded. The Company shall pay interest on other deposits if required by State law or other generally applicable law. 3. Under Normal Operating Conditions, refund checks will be issued within forty-five (45) days following the resolution of the event giving rise to the refund. Credits for Cable Service will be issued no later than the Subscriber's next bill which is printed following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. Bills shall be considered paid when appropriate payment is received by the Company or its authorized agent. Appropriate time considerations shall be included in the Company's collection procedures to assure that payments due have been received before late notices or termination notices are sent. 12 H. RATES, FEES AND CHARGES The Company shall not, except to the extent expressly permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Company-equipment necessary to receive Cable Service, except where any such problem which was caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Company equipment incorrectly), or by the failure of the Subscriber to take reasonable precautions to protect the Company's equipment (for example, a dog chew). The Company shall provide written advance notice to Subscribers of the possible assessment of a late fee, including the amount of the late fee, on bills or by separate notice. 3. No late fee may be assessed on Cable Services until one (1) month following the date of the bill on which the charges first appeared. 4. The amount of the late fee shall be subject to any applicable federal, state or local consumer protection laws or other lawful and applicable regulations. I. DISCONNECTION/DENIAL OF SERVICE The Company shall not terminate Cable Service for nonpayment of a delinquent account unless the Company provides a notice of the delinquency and impending termination at least fifteen (15) days prior to the proposed termination. The notice shall be mailed, postage prepaid, to the Subscriber to whom the Cable Service is billed. This notice shall not be given until five (5) days after the original due date for the charges. The notice of delinquency and impending termination may be part of a billing statement. In the event that Cable Service is terminated pursuant to a bulk contract and the Company is permitted to enter into Cable Service arrangements with individual dwellings previously serviced under such contract, the Company shall not hold such individual Subscriber(s) liable for any nonpayment or underpayments related specifically to the contract. Subscribers may be held accountable for payment for Cable Services subscribed to during the period of the contract, which were in addition to the Cable Services provided pursuant to the contract. Cable Service terminated in error must be restored without charge within twenty-four (24) hours of notice. If Subscriber was billed for the period during which Cable Service was terminated in error, an automatic credit shall be issued to Subscriber if the Service Interruption was reported by the Subscriber. The amount of the automatic credit shall be in accordance with Section 5, Paragraph I of these Customer Service Standards. 13 Subject to Section 27 of the Franchise, the Company shall furnish and maintain Cable Services to each Person who makes a request to receive any Company-offered Cable Service. Nothing in these standards shall limit the right of the Company to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to the Company's equipment, or abusive and/or threatening behavior toward the Company's employees or representatives. No period of notice prior to requested termination of service can be required of Subscribers by the Company. No charge shall be imposed upon the Subscriber for or related to total disconnection of Cable Service, or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay in returning Company equipment). If the Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be responsible for Cable Service received after the day following the date the disconnect request is received by the Company. For purposes of this subsection, the term "disconnect" shall include Subscribers who elect to cease receiving Cable Service from the Company and to receive Cable Service or other multi-channel video service from another Person or entity. Upon the termination of Cable Service and upon request by the Subscriber, the Company shall either entirely remove its Drop or secure the Drop in a method reasonably acceptable to City. J. COMMUNICATIONS WITH SUBSCRIBERS All Company personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside of the office of the Company shall wear a clearly visible identification card bearing their name and photograph. The Company shall account for all identification cards at all times. In addition, all Company representatives shall wear appropriate clothing while working at a subscriber's premises. Every service vehicle of the Company, its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Company vehicles shall have the Company's logo and phone number plainly visible; those of contractors and subcontractors working for the Company shall have the contractor's/subcontractor's name and phone number plus markings (such as a magnetic door sign) indicating they are under contract to the Company. 2. All contact with a Subscriber or potential Subscriber by a Person representing the Company shall be conducted in a courteous manner. The Company shall send annual written notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by the Company may be referred to the City. Such notification shall be either: · A separate document included with a billing statement; 14 · Included on the portion of the monthly bill that is to be retained by the Subscriber; or · A separate mailing. The Company shall notify Subscribers in writing and as soon as possible of any pricing changes or additional charges (excluding temporary marketing on sales discounts or offers) and/or any changes in Cable Services, including channel line-ups. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of the Company, and the Company shall provide a copy of the notice to the City including how and when the notice was given to Subscribers. The Company shall provide written information to all Subscribers about each of the following areas at the time of installation of Cable Service, and thereafter at least annually to all Subscribers, at any time upon request, and at least thirty (30) days prior to making significant changes in the information required by this subsection, if within the control of the Company: · Products and Cable Service offered Prices and options for Cable Services and conditions of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rental, program guides, installation, downgrades, late fees and other fees charged by the Company related to Cable Service Installation and maintenance policies including, when applicable, information regarding the Subscriber's in-home wiring and/or home run wiring rights during the period Cable Service is being provided · Instructions about how to use the Cable Services, including billing options and procedures and options for ordering pay-per-view services, if offered · Channel positions of Cable Services offered on the Cable System Complaint procedures, including the name, address and telephone number of the City, but with a notice advising the Subscriber to initially contact the Company about all complaints and questions · Procedures for requesting Cable Service credit · The availability of a parental control device · Company practices and procedures for protecting against invasions of privacy 15 · The address and telephone number of the Company's office to which complaints may be reported · When applicable, the Company's community unit identifier as specified by the FCC Other information relating to the provision of Cable Services pursuant to this Franchise in format and substance as from time to time requested by the City and agreed to by the Company. The Company shall promptly notify the City if they are unable to agree and shall propose viable alternatives. A copy of notices required in this Paragraph E. will be given to the City at least fifteen (15) days prior to distribution to Subscribers if the reason for notice is due to a change that is within the control of Company and as soon as possible if not within the control of Company. 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. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific dial location, and the hours of operation of that Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the dial location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. 8. Every notice of termination of Cable Service shall include all of the following information: · The name and address of the Subscriber whose account is delinquent · The amount of the delinquency · The date by which payment is required in order to avoid termination of Cable Service · The telephone number for the Company where the Subscriber can receive additional information about their account and discuss the pending termination 9. The Company shall make reasonable efforts to ensure that employees that speak Spanish and English are available to assist Subscribers and potential Subscribers as requested. K. PROTECTION OF SUBSCRIBER PRIVACY The Company shall comply fully with all applicable State and federal laws relating to the protection of Subscriber privacy. 16 L. HANDICAPPED ACCESS The Company shall comply with all rules and regulations pertaining to the Americans with Disabilities Act. M. AMENDMENTS These standards and reports may be amended from time to time upon mutual agreement of the City and the Company." DULY PASSED by the City Council of the City of Coppell, Texas, this the 24th day of June, 2003. ATTEST: LIBBY BA~, CITY SECRETARY APPROVED, AS TO FORM: ROBERT E. HAGEtL/,~ITY ATTORNEY 17