These standards shall, starting six months after the service date, apply to franchisee to the extent it is providing cable services over the cable system in the Township.
As used in this article, the following terms shall have the meanings indicated:
RESPOND
Franchisee's investigation of a service interruption after receiving a subscriber call by opening a trouble ticket, if required, and responding to the call.
SERVICE CALL
The action taken by franchisee to correct a service interruption, the effect of which is limited to an individual subscriber.
SIGNIFICANT OUTAGE
A significant outage of the cable service shall mean any service interruption lasting at least four continuous hours that affects at least 10% of the subscribers in the service area.
STANDARD INSTALLATION
Installations where the subscriber is within 200 feet of trunk or feeder lines.
A. 
Franchisee shall maintain a toll-free number to receive all calls and inquiries from subscribers in the Township and/or residents regarding cable service. Franchisee representatives trained and qualified to answer questions related to cable service in the Township must be available to respond to customer telephone inquiries during normal business hours. Such representatives must be available to respond to service interruptions 24 hours a day, seven days a week, and other inquiries at least 45 hours per week. Franchisee representatives shall identify themselves by name when answering this number.
B. 
Franchisee'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 service area, beginning with the next publication cycle after acceptance of this franchise by franchisee.
C. 
Franchisee may use an automated response unit ("ARU") or a voice response unit ("VRU") to distribute calls. 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 rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones.
D. 
Under normal operating conditions, calls received by franchisee shall be answered within 30 seconds. Franchisee shall meet this standard for 90% of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by Franchisee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting.
E. 
Under normal operating conditions, callers to franchisee shall receive a busy signal no more than 3% of the time during any calendar quarter.
F. 
Notwithstanding the performance criteria of Subsections A through E above, franchisee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates a clear failure to comply.
G. 
Reports.
(1) 
Upon request from LFA, but in no event more than once a quarter, 30 days following the end of each quarter, franchisee shall report to LFA the following for all call centers receiving calls from subscribers except for temporary telephone numbers set up for national promotions:
(a) 
Percentage of calls answered within 30 seconds as set forth in Subsection D.
(b) 
Percentage of time customers received busy signal when calling the Verizon service center as set forth in Subsection E.
(2) 
Subject to consumer privacy requirements, underlying activity will be made available to the LFA for review upon reasonable request.
(3) 
At franchisee's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. Franchisee shall notify LFA of such a change at least 30 days in advance of any implementation.
A. 
All installations will be in accordance with the rules of the FCC, the National Electric Code, and the National Electrical Safety Code, 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 franchisee-supplied equipment and cable service.
B. 
The standard installation shall be performed within seven business days after the placement of the optical network terminal ("ONT") on the customer's premises or within seven business days after an order is placed if the ONT is already installed on the customer's premises. Franchisee shall meet this standard for 95% of the standard installations it performs, as measured on a calendar-quarter basis, excluding customer requests for connection later than seven days after ONT placement or later than seven days after an order is placed if the ONT is already installed on the customer's premises.
C. 
Franchisee shall provide the LFA with a report upon request from LFA, but in no event more than once a quarter 30 days following the end of each quarter, noting the percentage of standard installations completed within the seven-day period, excluding those requested outside of the seven-day period by the subscriber. Subject to consumer privacy requirements, underlying activity will be made available to LFA for review upon reasonable request. At the Franchisee's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. The franchisee shall notify LFA of such a change at least 30 days in advance of any implementation.
D. 
Franchisee will offer subscribers appointment window alternatives for arrival to perform installations, service calls, and other activities of a maximum four hours scheduled time block during normal business hours. Franchisee may offer subscribers appointment arrival times other than these four-hour time blocks, if agreeable to the subscriber. These hour restrictions do not apply to the weekends. Franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment; provided, however, that if a technician 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 franchisee and the subscriber.
A. 
Franchisee shall promptly notify LFA of any significant outage of the cable service.
B. 
Franchisee shall exercise commercially reasonable efforts to limit any significant 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, franchisee may schedule a significant outage for a period of more than four hours during any twenty-four-hour period only after LFA and each affected subscriber in the service area have been given 15 days' prior notice of the proposed significant outage.
C. 
Franchisee representatives who are capable of responding to service interruptions must be available to respond 24 hours a day, seven days a week.
D. 
Under normal operating conditions, franchisee must respond to a call from a subscriber regarding a service interruption or other service problems within the following time frames:
(1) 
Within 24 hours, including weekends, of receiving subscriber calls respecting service interruptions in the service area, and shall diligently pursue to completion.
(2) 
Franchisee must begin actions to correct all other cable service problems the next business day after notification by the subscriber or LFA of a cable service problem and shall diligently pursue to completion.
E. 
Under normal operating conditions, franchisee shall complete service calls within 72 hours of the time franchisee commences to respond to the service interruption, not including weekends and situations where the subscriber is not reasonably available for a service call to correct the service interruption within the seventy-two-hour period.
F. 
Franchisee shall meet the standard in Subsection E of this section for 90% of the service calls it completes, as measured on a quarterly basis.
G. 
Franchisee shall provide LFA with a report upon request from LFA, but in no event more than once a quarter within 30 days following the end of each calendar quarter, noting the percentage of service calls completed within the seventy-two-hour period not including service calls where the subscriber was reasonably unavailable for a service call within the seventy-two-hour period as set forth in this section. Subject to consumer privacy requirements, underlying activity will be made available to LFA for review upon reasonable request. At the franchisee's option, the above measurements and reporting may be changed from calendar quarters to billing or accounting quarters. The franchisee shall notify LFA of such a change at least 30 days in advance of any implementation.
H. 
Under normal operating conditions, franchisee shall provide a credit upon subscriber request when all channels received by that subscriber are out of service for a period of four 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 franchisee to verify the problem if requested by franchisee. If subscriber availability is required for repair, a credit will not be provided for such time, if any, that the subscriber is not reasonably available.
I. 
Under normal operating conditions, if a significant outage affects all video programming cable services for more than 24 consecutive hours, franchisee shall issue an automatic credit to the affected subscribers in the amount equal to their monthly recurring charges for the proportionate time the cable service was out, or a credit to the affected subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the cable service was out, whichever is technically feasible or, if both are technically feasible, as determined by franchisee, provided such determination is nondiscriminatory. Such credit shall be reflected on subscriber billing statements within the next available billing cycle following the outage.
J. 
With respect to service issues concerning cable services provided to LFA facilities, franchisee shall respond to all inquiries from LFA within four hours and shall commence necessary repairs within 24 hours under normal operating conditions and shall diligently pursue to completion. If such repairs cannot be completed within 24 hours, franchisee shall notify LFA in writing as to the reason(s) for the delay and provide an estimated time of repair.
Under normal operating conditions, franchisee shall investigate subscriber complaints referred by LFA within 72 hours. Franchisee shall notify LFA of those matters that necessitate an excess of 72 hours to resolve, but those matters must be resolved within 15 days of the initial complaint. LFA may require reasonable documentation to be provided by franchisee to substantiate the request for additional time to resolve the problem. For purposes of this section, "resolve" means that franchisee shall perform those actions, which, in the normal course of business, are necessary to investigate the subscriber's complaint and advise the subscriber of the results of that investigation.
A. 
Subscriber bills shall be clear, concise, and understandable. Bills must be itemized to include all applicable service tiers and, if applicable, all related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee shall, without limitation as to additional line items, be allowed to itemize as separate line items, franchise fees, taxes, and/or other governmentally imposed fees. Franchisee shall maintain records of the date and place of mailing of bills.
B. 
A specific due date shall be listed on the bill of every subscriber whose account is current. Delinquent accounts may receive a bill that lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due until after the specific due date.
C. 
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:
(1) 
The subscriber pays all undisputed charges;
(2) 
The subscriber provides notification of the dispute to franchisee within five days prior to the due date; and
(3) 
The subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute.
(4) 
It shall be within franchisee's sole discretion to determine when the dispute has been resolved.
D. 
Under normal operating conditions, franchisee shall initiate investigation and resolution of all billing complaints received from subscribers within five business days of receipt of the complaint. Final resolution shall not be unreasonably delayed.
E. 
Franchisee shall provide a telephone number and address on the bill for subscribers to contact franchisee.
F. 
Franchisee shall forward a copy of any cable service related billing inserts or other mailing sent to subscribers to LFA upon request.
A. 
Franchisee 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 franchisee equipment necessary to receive cable service, except where such problem is caused by a negligent or wrongful act of the subscriber (including, but not limited to a situation in which the subscriber reconnects franchisee equipment incorrectly) or by the failure of the subscriber to take reasonable precautions to protect franchisee's equipment.
B. 
Franchisee shall provide reasonable notice to subscribers of the possible assessment of a late fee on bills or by separate notice.
A. 
Franchisee shall not terminate cable service for nonpayment of a delinquent account unless franchisee mails a notice of the delinquency and impending termination prior to the proposed final termination. The notice shall be mailed to the subscriber to whom the cable service is billed. The notice of delinquency and impending termination may be part of a billing statement.
B. 
Cable service terminated in error must be restored without charge within 24 hours of notice. If a subscriber was billed for the period during which cable service was terminated in error, a credit shall be issued to the subscriber if the service interruption was reported by the subscriber.
C. 
Nothing in these standards shall limit the right of franchisee to deny cable service for nonpayment of previously provided cable services, refusal to pay any required deposit, theft of cable service, damage to franchisee's equipment, abusive and/or threatening behavior toward franchisee's employees or representatives, or refusal to provide credit history information or refusal to allow franchisee to validate the identity, credit history, and credit worthiness via an external credit agency.
D. 
Charges for cable service will be discontinued at the time of the requested termination of service by the subscriber, except equipment charges may by applied until equipment has been returned. No period of notice prior to requested termination of service can be required of subscribers by franchisee. 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 franchisee equipment or early termination charges apply pursuant to the subscriber's service contract. If the subscriber fails to specify an effective date for disconnection, the subscriber shall not be responsible for cable services received after the day following the date the disconnect request is received by franchisee. For purposes of this subsection, the term "disconnect" shall include subscribers who elect to cease receiving cable service from franchisee and to receive cable service or other multi-channel video service from another person or entity.
A. 
All franchisee personnel, contractors, and subcontractors contacting subscribers or potential subscribers outside the office of franchisee shall wear a clearly visible identification card bearing their name and photograph. Franchisee shall make reasonable effort to account for all identification cards at all times. In addition, all franchisee representatives shall wear appropriate clothing while working at a subscriber's premises. Every service vehicle of franchisee and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, franchisee vehicles shall have franchisee's logo plainly visible. The vehicles of those contractors and subcontractors working for franchisee shall have the contractor's/subcontractor's name plus markings (such as a magnetic door sign) indicating they are under contract to franchisee.
B. 
All contact with a subscriber or potential subscriber by a person representing franchisee shall be conducted in a courteous manner.
C. 
All notices identified in this section shall be by either:
(1) 
A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the subscriber; or
(2) 
A separate electronic notification.
D. 
Franchisee shall provide reasonable notice to subscribers of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the foregoing, any changes in cable services, including channel line-ups. Such notice must be given to subscribers and LFA a minimum of 30 days in advance of such changes if within the control of franchisee, and franchisee shall provide a copy of the notice to LFA including how and where the notice was given to subscribers.
E. 
Information to be provided to customers.
(1) 
Franchisee shall provide information to all subscribers about each of the following items at the time of installation of cable services, annually to all subscribers, at any time upon request, and, subject to Subsection D, at least 30 days prior to making significant changes in the information required by this section if within the control of franchisee:
(a) 
Products and cable service offered;
(b) 
Prices and options for cable services and condition of subscription to cable services;
(c) 
Installation and maintenance policies, including, when applicable, information regarding the subscriber's in-home wiring rights during the period cable service is being provided;
(d) 
Channel positions of cable services offered on the cable system;
(e) 
Procedures for resolving complaints, including the name, address, and telephone number of LFA, but with a notice advising the subscriber to initially contact franchisee about all complaints and questions;
(f) 
Procedures for requesting cable service credit;
(g) 
The availability of a parental control device;
(h) 
Franchisee practices and procedures for protecting against invasion of privacy; and
(i) 
The address and telephone number of franchisee's office to which complaints may be reported.
(2) 
A copy of notices required in this Subsection E will be given to LFA at least 15 days prior to distribution to subscribers if the reason for notice is due to a change that is within the control of franchisee and as soon as possible if not within the control of franchisee.
F. 
Notices of changes in rates shall indicate the cable service new rates and old rates, if applicable.
G. 
Notices of changes of cable services and/or channel locations shall include a description of the new cable service, the specific channel location, and the hours of operation of the cable service if the cable service is only offered on a part-time basis. In addition, should the channel 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.
H. 
Every notice of termination of cable service shall include the following information:
(1) 
The name and address of the subscriber whose account is delinquent;
(2) 
The amount of the delinquency for all services billed;
(3) 
The date by which payment is required in order to avoid termination of cable service; and
(4) 
The telephone number for franchisee where the subscriber can receive additional information about his or her account and discuss the pending termination.
I. 
LFA hereby requests, and franchisee agrees, that franchisee omit publishing information specified in 47 C.F.R. § 76.952(a) from subscriber bills.
Franchisee shall protect and abide by the rights of privacy of every subscriber and shall not violate such rights through the use of any device or signal associated with the cable system. Franchisee shall at all times comply with the privacy provisions of Section 631 of the Cable Act and all other applicable federal and state privacy laws and regulations.