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HomeMy WebLinkAbout96-035 CC Resolution RESOLUTION NO. 96-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ESTABLISHING CABLE TELEVISION CUSTOMER SERVICE STANDARDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, pursuant to Title 47, Section 76.309 of the Code of Federal Regulations, the Federal Communication Commission authorized cities to establish cable television customer service standards; NOW, THEREFORE, BE IT RESOLVED, that Section 1: The Temecula City Council hereby adopts the customer service obligations contained at Section 76.309 of Title 47 of the Code of Federal Regulations, a copy of which is attached hereto as Exhibit A. Upon the effective date of this Resolution, all cable operators within the City shall comply with the standards. Section 2: The City Clerk is directed to send written notice to the City's current cable television operators of the adoption of this Resolution. This Resolution shall be applicable to the operators ninety (90) days after receipt of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 26th day of March, 1996. Karel F. Lindemans, Mayor A=T: T reek, CMC City Clerk [SEAL] Resos\96-35 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96-35 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26th day of March, 1996 by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts June S. Greek, CMC City Clerk Resos\96-35 2 Cable Television Service Appendix III 76.309 (c) Cable operators must maintain records sufficient to 76.305 Records to be maintained locally by cable svstem verifv compliance with this rule and make such records operators for public inspection. available to the public. Such records must be retained for a (a) Records to be inaiiiiained. The operator of everv period sufficient to cover the limitations period specified in cable television system having 1,000 or more subscribers shall 47 U.S.C. 503(b)(6)(B). maintain for public inspection a file containing a copy of all NOTE 1: Commercial matter means air time sold for records which are required to be kept by 76.207 (political purposes of selling a product or service. file); 76.221(f) (sponsorship identifications): 76.79 (EEO NOTE 2: For purposes of' this section, children's records available for public inspection); 76.225(c) programmin- refers to programs originally produced and (commerical records for children's programming); 76.601(c) broadcast primarily for an audience of children 12 years old (proof-of-performance test data)-, 76.601(c) (signal leakage and youneer. logs and repair records) and 76.701(h) (records for leared access). Subpart H - General Operating Requirements (b) Location of records. The public inspection file shall be maintained at the office which the system operator 76.300 Scope of application. maintains for the ordinary collection of subscriber charges, (a) The provisions of 76.302, 76.306, and 76.307 are resolution of subscriber complaints, and other business or at any accessible place in the community served by the svstem applicable to all cable television systems. NOTE: In addition to this band, stations in Puerto Rico unit(s) (such as a public registry for documents or an may continue to be authorized on 942.5, 943.0, 943.5. 944.0 attorney's office). The public inspection file shall be available MHz in the band 942-944 MHz on a primary basis to stations for public inspection at any time during regular business and services operating in accordance with the Table of hours. Frequency Allocations. (c) The records specified in paragraph (a) of this section (b) The provisions of 76.301 and 76.305 are not shall be retained for the period specified in 76.207. applicable to any cable television system serving fewer than 76,221(f), 76.79, 76.225(c), 76.601(c), and 76.601(e), 1,000 subscribers. respectively. (d)Reproduction of records. Copies of any material in 76.301 Copies of rules. the public inspection file shall be available for machine The operator of a cable television system shall have a reproduction upon request made in person, provided the current copy of Part 76, and is expected to be familiar with requesting party shall pay the reasonable cost of reproduction. the rules 2overning cable television systems. Copies of the Requests for machine copies shall be fulfilled at a location commission's rules may be obtained from the Superintendent specified by the system operator, within a reasonable period of Documents. Government Printing Office, Washington. DC of time. which in no event shall be longer than seven davs. 20402, at nominal cost. The system operator is not required to honor requests made by mail but may do so if it chooses. 76.302 Required recordkeeping for must-carry purposes. (a) Effective June 17, 1993, the operator of every cable 76.307 System inspection. television system shall maintain for public inspection a file The operator of a cable television system shall make the containing a list of all broadcast television stations carried by system, its public inspection file (if required by 76.305), and its system in fulfillment of the must-carry requirements its records of subscribers available for inspection upon request pursuant to 76.56. Such list shall include the call sign. by any authorized representative of the commission at any community of license, broadcast channel number, cable reasonable hour. channel number, and in the case of a noncommercial 76.309 Customer service obligations. educational broadcast station, whether that station was carried by the cable system on March 29, 1990. (a) A cable franchise authority may enforce the customer (b) The operator of every cable television svstem shall service standards set forth in paragraph (c) of this section maintain for public inspection the designation and location of against cable operators. The franchise authority must provide its principal headend. affected cable operators ninety (90) days written notice of its (c) Such records must be maintained in accordance with intent to enforce the standards. the provisions of 76.305(b). (b) Nothing in this rule should be construed to prevent or (d) Upon written request from any person, a cable prohibit: operator is required to provide the list of signals specified in (I ) A franchising authority and a cable operator from paragraph (a) of this section in writing within 30 days of agreeing to customer service requirements that exceed the receipt of such request, standards set forth in paragraph (el of this section; (2) A franchising authority from enforcing. through the end of the franchise term, pre-existing customer service Thompson Publishing Group, Inc. October 1994 Appendix III - Page 139 76.309 Appendix III Cable Television Service equirements that exceed the s[LiiL!arLis set forth in paragraph c)of this section and are contained in current franchise @Qreements: (3) Any SL3tC or any franchisine authority from enacting or enforcing any consumer protection law, to the extent not specifically preempted herein: or (4) The establishment or enforcement of any state or municipal law or regulation concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c)of this section. (c) Effective July 1, 1993, a cable operator shall be subject to the following customer service standards: (I ) Cable s.N-steiii office liours atid telephot7e ai,ail- (ibilit@N, - (i) The cable operator will maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A)Trained company representatives will be available to respondto customer telephone inquiries during normal businesshours. (B)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. (ii) Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall ,lot exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not @xceed thirty (30) seconds. These standards shall be met no less than ninetv (90) percent of the time under normal operating conditions, measured on a quarterly basis. (iii) The operator will not be required to acquire equipmentor perform surveys to measure compliance with the telephoneaiis%NlcrinL, standards above unless an historical record ofcomplaints indicates a clear failure to comply. (iv)Under normal operating conditions, the customer will rccein,e a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations be open at least during normal business hours and will be con%,criiently located. (2) Iiistallatiotis, outages aiid seri?ice calls. Under normal operatin- conditions, each of the following four standards will he i-net no less than ninct), five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed withinseven (7) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution svstem. (ii) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day ;ifter notification of the service problem. (iii) 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. (The operator may schedule service calls and other installation activities - utside of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator 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. (3) Cottii??unications bet"@eeti cable operators ayid cable subscribers (i)Notifications to subscribers (A)The cable operator shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: (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 system:and, (6)Billing and complaint procedures, including the address and telephone number of the local franchise authoritv's cable office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers 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 subscribers thirty (30) days in advance of any significant chanlyes in the other information required by the preceding paragraph. (ii) Billing - (A) Bills will be clear, concise and understandable. 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. (B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. (iii) Refunds - Refund checks will be issued promptly, but no later than either (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B)The return of the equipment supplied by the cable operatorif service is terminated. (iv)Credits - Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. (4)Defiilitio72s - (i)Nory?ial business liours - The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In Page 140 - Appendix III October 1994 The Cable Re-Regulation Handbook Cable Television Service Appendix III 76.501 all cases, "normal business tiou@s" must include some eveninly hours at least one iii2ht per week and/or some weekend hours. (ii) Noi-iiial ol)elatii7g copiditiotis - The teri-n "normal operating conditions" means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to. natural disasters. civil disturbances, power outa2es, telephone network outae!es, and severe or unusual weather conditions. Those conditions which are ordinarily A?ithin the control of the cable operator include, but are not limited to, special promotions, pav-per-\-iew events, rate increases. regular peak or seasonal demand periods, and maintenance or upgrade of the cable snstem. (iii) Sei-i,ice i'lliet-riii)ti I oil - The term "ser%-ice interruptions' means the loss of picture or sound on one or more cable channels. Subpart I - Forms and Reports 76.400 Operator, mail address, and operational status - changes. Within 30 days following a chaneie of cable television system operator, and/or chan2e of the operator's mail address, and/or chan2e in the operational status of a cable television system, the operator shall inform the commission in writinc, of the following, as appropriate-. (a) The leeal name of the operator and whether the operator is an individual, private association, partnership or corporation. See 76.5(cc). If the operator is a partnership, the legal name of the partner responsible for communications with the commisson shall be supplied; (b) The assumed name (if an\,) used for doinl, business in each community; (c) The new mail address, includin@ zip code. to which all communications are to be directed; (d) The nature of the operational status chan2e (e.2., became operational on (year) (month). exceeded 49 subscribers, exceeded 499 subscribers. operation terminated temporarily, operation terminated permanently): (e) The names and FCC identifiers CAOOOI ) of the system communities affected. NOTE: FCC system community identifiers are routinel@, assigned upon registration. They have been assiened to all reported system communities based on previous Form 325 data. If a system community in operation prior to March 31, 1972, has not previously been assigned a system community identifiers the operator shall provide the following information in lieu of the identifier: Community Name, Community Type (i.e., incorporated town, unincorporated settlement, etc.) County Name. State, Operator Leoal Name, Operator Assumed Name for Doing Business in the community, Operator Mail Address, and Year and Month service was first provided by the physical svstei-n. 76.403 Cable television svstem reports. The operator of evern,, operational cable television svstein shall correct and/or furnish information in response to forms, encompassing each community unit, mailed to said operator by the commission. These include: Thompson Publishing Group, Inc. CommunitN! unit data - "Annual Report of Cable Television SN,stem," Form 325, Schedule I Physical sn!stem data - "Annual Report of Cable Television SN,stem." Form 3'@15, Schedule 2 Operator ownership data "Annual Report of Cable Tc]eN,ision." Form 3'-15, Schedules 3 and 4 These forms shall be completed and returned to the commission within 60 days after the date of mailing by the commission. NOTE:The operator of a cable television system having fewer than1,000 subscribers shall only be required to file SchedulesI and 2 of Form 325 for each community unit. Subpart J - Diversification of Control 76.501 Cross-ownership. (a) No cable television system (including all parties under common control) shall carry the signal of anv television broadcast station if such system directly or indirectly owns, operates, controls, or has an interest in a TV broadcast station whose predicted Grade B contour, computed in accordance with 73.684 of part 73 of this chapter, overlaps in A,hole or in part the service area of such system (i.e., the area within which the svstem is serving subscribers). (b) (1) A cable television system (including all parties under common control) mav directly or indirectly own, operate, control. or have an interest in a national television neta,ork (such as ABC, CBS, or NBC) only if such a system does not pass more than: (i) 10 percent of homes passed on a nationwide basis when aggregated with all other cable systems in which the network holds such a cognizable interest, and (ii) 50 percent of homes passed within any one ADI, except that a cable television system facing a competing system will not be counted toward this 50-percent limit. (2) The requirements of paragraph (b)(1) of this section are applied at the acquisition date, except that a party with no prior attributable interests in a broadcast network or cable systems may exceed these limits in connection with a purchase of these operations from a party with such existing network-cable interests. Paraeraph (b) of this section will not be applied so as to require divestiture of existing facilities. (3)For purposes of para2raph (b) of this section: (i)Hoiiies passed is defined as the number of homes to which cable service is currently available whether or not a given household subscribes to the service. (ii) ADI is defined as the Arbitron Area of Dominant Influence. (iii) A coi?zpeiiiig silsteiii is faced by a network-owned cable system where the-cable system provides service in the same area as another independently owned, multichannel video delivery sn,stem, as specified in 76.33(a)(2)(ii). In order to be counted, such multichannel competitor must be capable of providing a package of local broadcast sianals integrated within the service. (el Effeciii,e date. The provisions of paragraph (a) of this section are not effective until November 8, 1987, as to ownership interests proscribed herein if such interests were in existence on or before July 1, 1970 (c.-., if franchise were in March 1995 Appendix III - Page 141