HomeMy WebLinkAbout14 CABLE STDS. 09-17-01AGENDA REPORT
I I I I
MEETING DATE'
SEPTEMBER 17, 2001
800-10
NO. 14
09-17-01
TO'
HONORABLE MAYOR AND .MEMBERS OF THE CITY COUNCIL
FROM'
CITY ATTORNEY
SUBJECT:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SECTIONS 7412 AND 7425 OF THE TUSTIN CITY
CODE PERTAINING TO CUSTOMER SERVICE STANDARDS FOR CABLE
TELEVISION SYSTEMS AND PENALTIES FOR VIOLATIONS OF STATE LAW.
SUMMARY:
The City Council has previously adopted a resolution giving 90 days notice to cable
television providers of its intent to enforce the customer service standards promulgated
by the Federal Communications Commissions ("FCC"). The State of California has
adopted additional customer service standards and has authorized the City to enforce
such standards by imposing monetary penalties for their violations. The attached
ordinance amends the Tustin City Code to codify the FCC standards and adopts the
maximum penalties authorized by State Law for violation of the State's customer service
standards. Notwithstanding these penalties, the City retains its authority to enforce
cable television franchise ordinances and the Tustin City Code.
RECOMMENDATION'
Introduce the Ordinance amending Tustin City Code Sections 7412 and 7425 pertaining to
customer service standards for cable television systems and penalties for violations of
state law; reading it by title only, and waive further reading,
FISCAL IMPACT:
None.
BACKGROUND:
On August 6, 2001, the City Council adopted Resolution No. 01-81 commencing the 90-
day period after which the FCC Customer Service Standards for Cable Television
Systems can be enforced by the City. The FCC Standards do not specify an enforcing
mechanism, but Government Code Section 53088(p) allows the City to adopt and
enforce service standards for video providers that exceed minimum state standards.
The FCC Standards exceed the minimum state standards. This ordinance codifies into
the Tustin City Code the FCC Customer Service Standards pursuant to the notice
adopted by Resolution No. 01-81..
Internet
Additionally, the State has imposed its own cable television customer service
requirements. For example, the California Cable Television and Video Provider
Customer Service and Information Act, Government Code §§ 53054-53056, generally
requires Cable Television Operators to adopt written customer service standards and'to
mail to subscribers yearly, a notice describing the adopted standards. This Act
authorizes the City to adopt an ordinance setting a maximum penalty of $5.00 for each
year in which the notice is not distributed to all customers.
The California Video Customer Service Act, Government Code §§ 53088-53088.2,
generally requires Cable Television Operators to require its employees to clearly identify
themselves when contacting customers, to provide annual notices to customers of the
programming offered and the prices therefor, to render bills which are accurate and
understandable, to provide 30 days' written notice to customers before raising rates,
among other general standards pertaining to billing, refunds, customer privacy and
Operator staffing. This Act authorizes the City to adopt an ordinance establishing
penalties for breaches of the state's minimum standards.
The adoption of the penalties would not preclude the City from utilizing any other
remedies that the City has to enforce the provisions of the current franchise ordinances
or the Tustin City Code. However, the penalties enhance the regulatory tools available
to the City to enforce the customer service standards applicable to Cable Television
Operators in the City.
ATTACHMENTS:
Ordinance amending Tustin City Code Sections 7412 and 7425 pertaining to Customer
Service Standards for Cable Television Systems and Penalties for Violations of State
Law.
Internet
1 ORDINANCE NO. 1245
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 7412 AND 7425
OF THE TUSTIN CITY CODE PERTAINING TO CUSTOMER
SERVICE STANDARDS FOR CABLE TELEVISION SYSTEMS
AND PENALTIES FOR VIOLATIONS OF STATE LAW
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Pursuant to Government Code Section 53088(p), the City Council
hereby amends Chapter 4 of Article 7 of the Tustin City Code pertaining to Cable Television
Systems to implement the customer service standards promulgated by the Federal
Communications Commission, 47 C.F.R. § 76.309, and to adopt penalties for violations of
the California Video Customer Service Act, Government Code §§ 53088 et seq., the
California Cable Television and Video Provider Customer Service and Information Act,
Government Code §§ 53054 et seq.
SECTION2. Subsection (c) of Tustin City Code Section 7412 is hereby
amended to read as follows:
(c)
Customer Service Standards.
(1)
meaning:
As used herein, the following terms have the following
(i) Normal business hours--The term "normal business
hours" means those hours during which most similar businesses in the
community are open to serve subscribers. In all cases, "normal business
hours" must include some evening hours at least one night per week
and/or some weekend hours.
(ii) Normal operating conditions--The, term "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 outages, telephone network outages,
and severe or unusual weather conditions. Those conditions which are
ordinarily within the control of the cable operator include, but are not
limited to, special promotions, pay-per-view events, rate increases,
regular peak or seasonal demand periods, and maintenance or upgrade
of the cable system.
(iii) Service interruption--The term "service interruption"
means the loss of picture or sound on one or more cable channels.
(2) In addition to other service regulations adopted by the City
Council, including those in franchise ordinances, and excepting
circumstances beyond Grantee's control, such as Acts of God, riots and
civil disturbances, the Grantee shall'
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Ordinance No. 1245
Page 2
(A) Planned Interruptions. Interrupt service only as
necessary and for the shortest time possible. Planned interruptions,
insofar as possible, shall be preceded by notice given to subscribers
twenty-four (24) hours in advance and shall occur during periods of
minimum use of the system.
(B) Office Hours. Grantee's service office shall be open to
receive inquiries or complaints for Subscribers during normal business
hours, and in no case less than 9:00 a.m. to 5:00 p.m., Monday to
Friday, excluding legal holidays, provided, however, that such hours may
be lessened upon the prior written consent of the City Manager or
designee provided that non-toll telephone service continues to be
available during such times.
(C) Service Repair Force. Maintain a service repair force
sufficient to comply with the standards in (F) for responding to any
individual interruption of service and service installations. Additionally,
upon complaint by a subscriber, Grantee shall make a demonstration
satisfactory to the City Manager or designee that a signal is being
delivered which is of sufficient strength and quality to meet the standards
set forth in the regulations of the Federal Communications Commission,
or in regulations hereafter adopted by the City Council.
(D) Service Log. Keep a service log running a three (3) year
period, which will indicate the nature of each service complaint, its
location, the date and time it was received, the disposition of said
complaint, and the time and date thereof. This log shall be made
available for periodic inspection by the City. Grantee shall provide a
copy of this log within ten (10) days of the written, request of the City.
(E) Office hours and telephone availability.
(i) The Grantee 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 respond to subscriber telephone inquiries during normal
business hours.
(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 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.
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Ordinance No. 1245
Page 3
(iii)' The Grantee will not be required to acquire
equipment or perform surveys to measure compliance with the
telephone answering standards above unless an historical record of
complaints indicates a clear failure to comply.
(iv) Under normal operating conditions, the subscriber
will receive a busy signal less than three (3) percent of the time.
(v) Customer service center and bill payment locations
will be open at least during normal business hours and will be
conveniently located.
(F) Installations, outages and service calls. Under normal
operating conditions, each of the following four standards will be met no
less than ninety five (95) percent of the time measured on a quarterly
basis'
(i) Standard installations 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.
(ii) Excluding conditions beyond the control of the
Grantee, the Grantee will begin working on "service interruptions"
promptly and in no event later than 24 hours after the interruption
becomes known. The Grantee must begin actions to correct other
service problems the next business day after 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 Grantee may schedule service calls and other
installation activities outside of normal business hours for the express
convenience of the subscriber.)
(iv) A Grantee may not cancel an appointment with a
subscriber after the close of business on the business day prior to the
scheduled appointment.
(v) if a Grantee representative is running late for an
appointment with a subscriber and will not be able to keep the
appointment as scheduled, the subscriber will be contacted. The
appointment will be rescheduled, as necessary, at a time which is
convenient for the subscriber.
(G) Communications between a Grantee and subscribers--
(i) Refunds--Refund checks will be issued promptly,
but no later than either--
(A) The subscriber's next billing cycle following
resolution of the request or thirty (30) days, whichever is earlier, or
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Ordinance No. 1245
Page 4
(B) The return of the equipment supplied by the
cable operator if service is terminated.
(ii) Credits--Credits for service will be issued no later
than the subscriber's next billing cycle following the determination that a
credit is warranted.
SECTION 3. Subsection (c) and (d) are hereby added to Section 7425 of
Tustin City Code to read as follows:
(c) Penalties for Grantee's Failure to Comply with State Customer
Service Standards
Video Customer Service Act.
(A) Subject to the procedures in subdivision (B) below,
and without limiting the City's authority to prosecute the violations of this
Chapter pursuant to Chapter 1 of Article 1 of this Code, or pursuant to
judicial enforcement of a Grantee's obligations at law or in equity, and
without limiting the City's authority to terminate a franchise for cause,
instead of any liquidated damages that may be provided for in any
franchise hereunder, the City Manager or designee may, with the
approval of the City Attorney, impose fines of up to two hundred dollars
($200) for each day of each material breach of the Customer Service
Standards established under the California Video Customer Service Act,
Government Code §§ 53088 et seq., not to exceed six hundred dollars
($600) for each occurrence of material breach. However, where a
material breach of any such provision has occurred and the City
Manager or designee has provided notice and assessed the foregoing
fines, in a subsequent material breach of the same nature occurring
within 12 months, the penalties may be increased by the City Manager
or designee to a maximum of four hundred dollars ($400) for each day of
each material breach, not to exceed twelve hundred dollars ($1,200) for
each occurrence of the material breach. Where a third or further material
breach of the same nature occurs within those same 12 months, and the
City Manager or designee has provided notice and assessed penalties,
the penalties may be increased to a maximum of one thousand dollars
($1,000) for each day of each material breach, not to exceed three
thousand dollars ($3,000) for each occurrence of the material breach.
(B) Prior to imposing fines pursuant subdivision (A)
above, the City Manager or designee shall give the Grantee written
notice of any alleged material breaches of the consumer service
standards of the California Video Customer Service Act, Government
Code §§ 53088 et seq., and allow the Grantee at least 30' days from
receipt of the notice to remedy the specified breach.
(C) A material breach for the purposes of assessing
the fines in subdivision (B) above shall be deemed to have occurred for
each day, following the expiration of the period specified in subdivision
(B) above, that any material breach has not been remedied by the
Grantee, irrespective of the number of subscribers affected.
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Ordinance No. 1245
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(2) Cable Television and Video Provider Customer Service
and Information act.
(A) Subject to the procedures in subdivision (B) below,
and without limiting the City's authority to prosecute the violations of this
Chapter pursuant to Chapter 1 of Article 1 of this Code, or pursuant to
judicial enforcement of a Grantee's obligations at law or in equity, and
without limiting the City's authority to terminate a franchise for cause,
instead of any liquidated damages that may be provided for in any
franchise hereunder, the City Manager or designee may, with the
approval of the City Attorney, impose fines of up to five hundred dollars
($500) for each year in which the notice required under the California
Cable Television and Video Provider Customer Service and Information
Act, Government Code §§ 53054 et seq., is not distributed to all
subscribers.
(B) Prior to imposing the fines pursuant subdivision (A)
above, the City Manager or designee shall give the Grantee written
notice of any alleged failure to distribute to all subscriber the annual
notice provided for in subdivision (A) above. If the Grantee distributes
this notice to all subscribers within sixty (60) days after receipt of the
notice from the City Manager or designee, no penalty shall be imposed
upon the Grantee pursuant to subdivision (A).
(d)
Penalties for third parties violating the provisions of this Chapter
Any person not a Grantee convicted of violating the provisions of this
Chapter shall be guilty of a misdemeanor pursuant to Chapter 1 of
Article 1 of this Code.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held td be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this ...... day of .... .., 2001.
TRACY WILLS WOREEy, MAYOR
PAMELA STOKER,'C~'ty Cl(~rk "'
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