A.
Programming required. Concurrently with the activation of the cable/video
system, the grantee shall provide at a minimum the following:
(1)
The system shall carry the broad categories of programming and services
listed in the franchise. Should the grantee desire to change the selection
of programs or services offered on any of the tiers, it shall maintain
the mix, quality and level of services provided over the system. Any
such change in programs or services offered shall comply with the
conditions and procedures contained in the franchise and shall be
reported to the Town at least 30 days prior to the proposed implementation.
The grantee shall use its best efforts to ensure diversity of programming.
(2)
A basic service tier, a "lifeline" service consisting of local broadcast
television stations plus public, education and government access cable/video
programming services, shall be provided, without exception, to all
the grantee's cable/video programming services customers in the
Town.
(3)
At a minimum, the grantee shall provide and maintain bandwidth for
the provision of public, education and government access cable/video
programming services.
(a)
Twelve MHz for government access, which shall be specifically
designated for local government use.
(b)
Eighteen MHz for education access, which shall be specifically
designated for use by local public and private school authorities,
and shall be managed, scheduled and programmed exclusively by them.
(c)
Twelve MHz for public access, which shall be specifically designated
for use by the public on a nondiscriminatory basis.
(d)
The grantee, as specified in the Cable Act, shall not exercise
any editorial control over the use of bandwidth for public, education
or government cable/video programming services.
B.
Access support. Upon request of the Town, a franchised video provider
shall pay an annual fee to the town in an amount equivalent to 2%
of the grantee's gross revenues to pay for public, government
and education access cable/video programming services. These revenues
shall be deposited in a special revenue fund and dispersed only for
this purpose.
C.
Lease bandwidth.
(1)
The
grantee shall make available to residents and businesses, at its marginal
rate, 10% of its cable/video system bandwidth to ensure that diverse
information/programming is distributed to the public.
(2)
The provisions of the Cable Communications Policy Act of 1984 or
other applicable federal or state law shall determine the number of
such leased access bandwidth. Notwithstanding changes in applicable
law, the grantee shall make available at least six MHz throughout
the life of the franchise to accommodate those persons seeking use
of this bandwidth and publish a rate card conspicuously on its website.
D.
Local program schedule on EPG. The grantee shall produce and carry
on a designated channel, on a daily basis, an electronic program guide
(EPG) containing information describing at a minimum, the programs
offered on each the public, education and government cable/video programming
services.
E.
Emergency override. The grantee shall install and maintain an emergency
alert system (EAS) pursuant to the FCC's rules. The grantor's
public safety communication center shall be provided with access to
the system so Town officials can communicate emergency messages and
alerts to Town residents.
A.
Courtesy. All employees of the cable operator shall be courteous,
knowledgeable and helpful and shall provide effective and satisfactory
service in all contacts with subscribers.
B.
Service center. The cable operator shall provide at least one customer
service center or business office (the "service center") within the
Rochester metropolitan area. At a minimum, the service center shall
be open Monday through Friday from 8:00 a.m. to 6:00 p.m., and shall
be open from 9:00 a.m. to 1:00 p.m. on Saturdays. The service center
shall be fully staffed, during the hours noted above, with trained
and experienced customer service representatives and shall offer services
including, but not limited to: bill payment, equipment exchange, processing
of change of service requests, and response to subscriber inquiries
and requests. The grantee shall post a sign at each service center
advising customers of its hours of operation and of the addresses
and telephone numbers at which to contact the cable operator if the
office is closed. The hours of operation and location of the service
center shall also be printed prominently on all billing statements.
C.
Telephones. The cable operator shall maintain local telephones and
access lines that are available 24 hours a day, seven days a week
for service/repair requests and billing inquiries. The grantee shall
have customer service technicians on call 24 hours a day, seven days
a week, including legal holidays, to respond to urgent and emergency
service and repair calls after hours. The grantee shall retain sufficient
customer service representatives and telephone line capacity to ensure
that all telephone calls, regardless of nature, are answered within
30 seconds or less, and that a transfer to a customer service agent
is completed within the subsequent 30 seconds. These standards shall
be met no less than 90% of the time, measured monthly. The percentage
of calls receiving busy signals shall not exceed 3% of the total telephone
monthly call volume. The call abandonment rate shall not exceed 3%
of the total telephone call volume. Reports of total calls received
each month, total busy signals per month and the connection time to
reach a CSR per month will be submitted to the Town Administrator
on a quarterly basis. All customer service representatives shall identify
themselves by name to callers immediately following the greeting during
each telephone contact with the public. Customer service telephone
numbers and hours of operation shall be printed prominently on all
billing statements.
D.
Facsimile machine ("FAX"). The grantee shall maintain, 24 hours per
day and seven days per week, a facsimile machine accessible via a
local telephone number which subscribers may use to convey service
and repair requests to the grantee's customer service department.
Such requests received by FAX shall be processed and handled in the
same manner as subscriber service requests that are received by telephone.
The FAX access lines shall be subject to the same capacity and requirements
as mentioned above for telephone services shall be measured, similarly,
on a monthly basis. Customer service FAX numbers and hours of operation
shall be printed prominently on all billing statements.
E.
Electronic mail ("e-mail"). The grantee shall maintain, 24 hours
per day and seven days per week, an e-mail address accessible via
the internet which subscribers may use to convey service and repair
requests to the grantee's customer service department. Such requests
received by e-mail shall be processed and handled in the same manner
as customer service requests that are received by telephone. Customer
service e-mail addresses and hours of operation shall be printed prominently
on all billing statements.
F.
Minimum compensation to customer for noncompliance.
(1)
Responsiveness; guaranteed seven-day residential installation and
service. Grantee shall provide cable/video programming services to
its customers within seven business days following order placement.
Free installation or, if the installation fee has been waived for
promotional reasons, a one-month service credit shall be awarded to
the customer.
(2)
Grantee shall provide customers seeking custom installations with
a cost estimate and a projected completion date. Free installation
or, if the installation fee has been waived for promotional reasons,
then a one-month service credit shall be awarded to the customer.
(3)
All underground cable drops shall be buried no less than 12 inches
deep, and work shall be completed in no more than two calendar weeks
from the installation date. For grantee's failure to bury the
drop, $100 shall be paid by the grantee to the customer.
G.
Residential installation and service appointments.
(1)
Customers who have ordered cable/video programming services may choose
any available two-hour time block between 8:00 a.m. and 6:00 p.m.
Monday through Saturday. For grantee's failure to comply, a credit
of $25 shall be awarded to the customer.
(2)
The grantee may not cancel an appointment with a customer after 5:00
p.m. on the day before the scheduled appointment. For grantee's
failure to comply, a credit of $25, or the guarantee offered by the
grantee, shall be awarded to the customer.
(3)
If the grantee cannot make an appointment for any reason, the grantee
shall contact the customer before the end of the scheduled appointment
and reschedule at the convenience of the customer. For failure to
comply, a credit of $25, or if greater, the guarantee offered by the
grantee, shall be awarded to the customer.
(4)
If the grantee technician arrives within the agreed-upon time, and
the customer is absent, the technician shall leave written notification
of arrival and return time, and the grantee shall contact the customer
within 48 hours to reschedule. For failure to contact the customer
within 48 hours, a credit of $10 shall be awarded to the customer.
H.
TV Reception difficulties and cable modem internet connection problems.
(1)
Outage, planned. Grantee shall make repairs promptly and interrupt
service only for good cause, during periods of minimum use (12:00
midnight to 6:00 a.m.), except when unavoidable.
(2)
Outage, unplanned. The value of one day's service for interruptions
exceeding one hour shall be automatically awarded each customer by
the grantee in the affected area.
(3)
Distortion-free cable/video programming services. Grantee shall provide
clear television reception. The value of one day's service for
any portion of the day where picture quality fails to meet FCC standards
or, in the absence of FCC standards, is considered unacceptable by
the Town shall be automatically awarded by the grantee to each customer
in the area experiencing this failure.
(4)
Internet service. All grantees shall satisfy all specifications advertised
for internet and voice-over-internet protocol telephone service. The
value of one day's service for interruptions exceeding one hour
in a day, or where advertised performance criteria are not met, shall
be automatically awarded by the grantee to each customer in the affected
area.
(5)
Prompt repair. If a customer experiences poor video or audio reception
due to grantee's equipment, the grantee shall repair the problem
no later than the next day, unless otherwise agreed to with the customer.
Regardless, the value of one day's service for each day the problem
remains uncorrected shall be automatically awarded by the grantee
to each customer in the affected area.
(6)
Problem resolution. The grantee shall be able to provide credit,
waive fees, schedule appointments and change billing cycles to accommodate
customers within the limits specified in this section. Difficulties
that cannot be resolved by the grantee's customer service representatives
shall be referred to a supervisor, who shall fix the problem within
24 hours. For grantee's failure to comply, a credit of $10 shall
be awarded by the grantee to the customer.
(7)
Extraordinary problems. In the case of difficulties that cannot be
resolved, the supervisor shall contact the customer within four hours
and resolve the problem within 48 hours or within such other time
frame as is acceptable to the customer and grantee. For grantee's
failure to comply, a credit of $10 shall be awarded by the grantee
to the customer.
I.
Billing; credits and refunds. Customers shall receive a clear and
concise bill monthly. The grantee shall respond to a customer's
billing inquiry made by telephone or e-mail within 48 hours, and to
a written billing inquiry within two weeks of receipt of the inquiry.
For grantee's failure to comply, a credit of $10 shall be awarded
by the grantee to the customer.
J.
Administrative fee cap. All grantees shall allow 30 days from the
date a subscriber bill is mailed before imposing an administrative
fee not to exceed $1.50 per bill. For grantee's failure to comply,
a credit of $10 shall be awarded by the grantee to the customer.
K.
Billing ceases on disconnection notification date. If a customer
requests disconnection of any or all services, billing for affected
services shall end on the same day, or on the future date for which
the disconnect is ordered by the customer. All grantees shall issue
a credit or refund within 15 business days after the close of the
customer's billing cycle following the return of the equipment
and request for disconnection. For grantee's failure to comply,
a credit of $10, or refund if the customer's account has closed,
shall be awarded by the grantee to the customer.
L.
Deposits shall accrue interest at fair market rate. Within 10 days
after termination of service for any reason, the grantee shall repay
any deposit with a statement showing accrued interest to the customer
less any sums owed to the grantee. For grantee's failure to comply,
a credit of $10, or refund if the customer's account has closed,
shall be awarded by the grantee to the customer.
M.
Respectful treatment of property. Grantees shall replace any trees
or shrubs damaged during any installation or repair. For grantee's
failure to comply, a credit of $25 plus reimbursement for the cost
for repairs and landscaping shall be paid by the grantee to the property
owner.
N.
Property restoration. Grantees shall restore any damaged property
to the same condition it was before damage occurred. For grantee's
failure to comply, a credit of $25 plus reimbursement for the cost
to repair damaged property shall be awarded by the grantee to the
property owner.
O.
Advance notice required. Grantees will give notice to property owners
before entering premises, specifying the work to be done. In the event
of an emergency, the grantee 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. For grantee's failure
to comply, a credit of $25 shall be awarded by the grantee to the
customer.
P.
Proper disposal of refuse. Grantee personnel shall remove debris
caused by the grantee agent's activities at a work site and properly
dispose of the materials. For grantee's failure to comply, a
credit of $15 plus reimbursement for the cost for debris disposal
shall be awarded by the grantee to the property owner.
Q.
Services for customers with disabilities. Grantee will deliver and
pick up converters at the home of customers with disabilities. In
the case of a malfunctioning converter, the technician shall provide
another converter, install and test it to ensure it is functioning
properly. For grantee's failure to comply, a credit of $25 shall
be awarded by the grantee to the customer.
R.
TTY required. Grantee will provide TDD/TTY service through trained
operators who can provide any assistance regularly available from
a CSR at no charge. For grantee's failure to comply, a credit
of $25 shall be awarded by the grantee to the customer.
S.
Closed-captioning device. Grantee will install, at no charge, any
closed-captioning device purchased by a hearing-impaired customer
for use on the grantee's cable/video system. For grantee's
failure to comply, a credit of $25 shall be awarded by the grantee
to the customer.
T.
Customer information.
(1)
Upon
installation, or at a customer's request, grantee will provide
the following requested information/services:
(a)
Products and services offered;
(b)
Complete range of service options and prices;
(c)
Customer service standards;
(d)
Instruction on use of cable/video programming services and related
terminal equipment, either company- or subscriber-owned;
(e)
Billing, collection and disconnect policies;
(f)
Customer privacy requirements;
(g)
Complaint procedure, containing the designated Town agency to
which the complaints should be addressed;
(h)
Use and availability of parental control/lock-out devices;
(i)
Special services for customers with visual, hearing or mobility
disabilities;
(j)
Days, times of operation, and locations of the service centers;
and
U.
Rate change notification required. Grantees shall provide customers
and the Town with written notification of any change in rates, programming,
or channels at least 30 days before the date of the change. For grantee's
failure to comply, a credit of $10 shall be automatically awarded
by grantee to each affected customer.
V.
Photo identification required. All officers, agents, customer service
representatives (CSR) and employees of the grantee, its contractors
and subcontractors in personal contact with the customer shall have
a visible identification card with their name and photograph and shall
orally identify themselves upon first contact with the customer. For
grantee's failure to comply, credit of $10 shall be awarded by
grantee to the customer.
W.
Oral identification required. All customer service representatives
shall identify themselves orally to callers immediately following
the greeting during each telephone contact with the public. For grantee's
failure to comply, a credit of $10 shall be awarded by grantee to
the customer.
X.
Estimate required. Each CSR, technician, or employee of the grantee
in each contact with a customer shall state the estimated cost of
the service, repair, or installation orally prior to delivery of the
service or before any work is performed, and shall provide the customer
with an oral statement of the total charges before terminating the
telephone call or before leaving the location at which the work was
performed. For grantee's failure to comply, a credit of $10 shall
be awarded by grantee to the customer.
Y.
Customer privacy. For any violation of privacy per federal law or
Town Code by the grantee, the grantee shall credit all affected customer
accounts $150 per incident.
Z.
Safety. When the grantee receives notice that an unsafe condition
exists with respect to its equipment, grantee shall investigate such
condition immediately, and shall take such measures as are necessary
to remove or eliminate any unsafe condition. For grantee's failure
to comply, the grantee shall credit the customer's account $40
a day for each twenty-four-hour period, all or in part, for grantee's
failure to remedy the customer's safety concerns.
AA.
Satisfaction guaranteed. Grantees will guarantee customer satisfaction
that every customer who requests a new service shall receive a pro
rata credit in an amount equal to the pro rata charge for the remaining
days of service being disconnected if the customer is dissatisfied
with the service, except where a free promotion has been offered,
there shall be no charge of any kind for the service or for disconnection
of the service. The customer will have the opportunity to cancel service
within 30 days.
