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HomeMy WebLinkAboutO-2019-1-02ORDINANCE NO. 2019-1-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 1340895 THE ALLEN CABLE COMMUNICATIONS ORDINANCE BY AMENDING SECTION 18 CUSTOMER SERVICE REQUIREMENTS; BY ADDING SECTION 4(c); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Ordinance 1340-6-95, the Allen Cable Communications Ordinance, is amended in part by amending Section 18 Customer Service Requirements to read as follows: "Section 18. Customer service requirements. (a) A Franchisee shall comply with all FCC customer service standards for cable systems and cable operators, as now in effect or hereinafter amended. (b) Local Services. ' (1) In lieu of requiring the Franchisee to maintain a local business office in the City, the Franchisee will provide the following services for Subscribers: • Provide alternative locations in the City for subscribers to pay bills. This service should be available during normal business hours, which shall include 8:00 a.m. through 8:00 p.m, Monday through Saturday. Payments at alternative locations shall be credited to subscribers' account the next business day, and subscribers shall receive a dated receipt showing payment has been submitted. Bill payments at alternative locations may cost the subscriber an additional processing fee imposed by the pay agent, which franchisee shall adjust the customers' accounts to offset any additional processing fees imposed by the pay agent. Such adjustment shall take place at the point their payment transaction is posted to franchisee's records received from the pay agent to the franchisee. The reimbursement of any third party processing fees shall be paid by the Franchisee for a period of one year (March 31, 2003) from the time the local office closes on March 31, 2002, provided, however, such reimbursement shall continue indefinitely thereafter until the Franchisee provides subscribers with the alternative to pay bills on-line or through the internet. ' Franchisee shall arrange for delivery and/or replacement of converters or other company equipment at the Subscriber's address. This service shall be free of charge. Under normal operating conditions, delivery and/or replacement of equipment shall be performed within 72 hours after service has been • total number and percent of deliveries and/or replacements ' .f cable equipment completed on the scheduled day total number and percentage of deliveries and/or replacements of cable equipment completed during the scheduled appointment window Ordinance No. 2019-1-02, Page 2 requested. Franchisee will offer Subscribers a maximum of four (4) hour schedule time block between the hours of 8:00 a.m. and 7:00 p.m. Monday through Saturday. Additional customer service provisions defined in Section (d)(5,6,7, and 8) shall apply to this section. Any individual subscriber who does not have their equipment delivered/picked-up within the three (3) day period is entitled to receive an additional credit equal to the value of monthly equipment rental. • Franchisee shall notify Subscribers of local services annually, and if any changes occur, through billing statements, and other written forts with the contact information regarding location and operating hours of Cable offices in adjacent Cities, customer service telephone numbers, and alternative payment locations within the City of Allen. • Franchisee shall have a representative attend the regular meetings of the Cable TV and Telecommunications Advisory Committee when issues arise regarding service offerings, products, or other related business. ' (2) The Franchisee shall meet each of these standards, under normal operating conditions, for delivery and/or replacement of equipment within three days after the service has been requested, on the scheduled day, and within scheduled appointment window, for ninety (90%) of the equipment replacement and deliveries it performs, as measured during any calendar quarter. If it does not meet the ninety (90%) standard during any calendar quarter, liquidated damages may be assessed by the City against the Franchisee as described in Section f. (3) Franchisee shall provide the City with a monthly Local Services Report within thirty (30) calendar days following the end of each calendar quarter, noting the following: • number of total deliveries and/or replacements of cable equipment • number of deliveries and/or replacements of cable equipment completed within the three (3) day period • percentage of deliveries and/or replacements of cable equipment completed within the three (3) day period, excluding those requested outside of the three (3) day period by the Subscriber • total number and percent of deliveries and/or replacements ' .f cable equipment completed on the scheduled day total number and percentage of deliveries and/or replacements of cable equipment completed during the scheduled appointment window Ordinance No. 2019-1-02, Page 2 (c) Telephone Availability (1) Franchisee shall maintain a toll-free number to respond to all calls and inquiries from Subscribers in the City and/or City residents regarding Cable Service. Franchisee representatives trained and qualified to answer questions related to Cable Service in the City must he available to receive requests for service or repair 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. Franchisee's representatives shall identify themselves by name when answering this number. (2) The 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 Franchise Area. (3) In the event that the Franchisee chooses to use an Automated Response Unit ("ARU') or Voice Response Unit ("VRU") to distribute calls, the system shall have as a first tier menu option (not including a foreign language routing option), 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. Franchisee 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 the 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 Franchisee that additional options be provided. (4) Under Normal Operating Conditions, calls received by Franchisee shall be answered within thirty (30) seconds after the Subscriber has selected their final menu option. Franchisee 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 Franchisee, whether they are answered by a live representative, automated attendant, or abandoned before completion. If the Franchisee does not meet the ninety percent (90%) standard during any calendar quarter, liquidated damages may be assessed by the City against the Franchisee as described in Section I. (5) Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal less than three (3%) percent of the time during any calendar quarter. Ordinance No. 2019-1-02, Page 3 (6) Not more than thirty (30) calendar days after the end of each calendar quarter, Franchisee shall submit a monthly Calls Report to the City the following for all call centers receiving calls from Subscribers: total number of calls received by Franchisee • 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 (7) Franchisee 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 Franchisee by telephone. For failure to so notify the City, Franchisee shall pay liquidated damages of two hundred fifty dollars ($250) to the City. (d) Installations and Service Appointments (1) 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 Franchisee -supplied equipment and Cable Services. (2) Under normal Operating Conditions, Standard installation work shall be performed within seven (7) business days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven (7) business day period. Standard installation work shall be performed during the scheduled appointment window. (3) The Franchisee shall meet each of these standards, for Standard Installations within seven (7) business days, on scheduled day, and within scheduled appointment window, for ninety (90%) of the Standard hmstallations it performs, as measured during any calendar quarter. If it does not meet the ninety (90%) standard during any calendar quarter, liquidated damages may be assessed by the City against the Franchisee as described in Section f. (4) Franchisee shall provide the City with a monthly Standard Installations report within thirty (30) calendar days following the end of each calendar quarter, noting the following: a number of total Standard Installations completed, excluding ' those requested outside of the seven (7) day period by the Subscriber Ordinance No. 2019-1-02, Page 4 • number of Standard Installations completed within the seven (7) day period, and 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 • total number and percentage of Standard Installations completed on scheduled day • total number and percentage of Standard Installations completed during scbeduled appointment window • total number of refunds provided to Subscribers for missed installations on scheduled day and during scheduled appointment window and the total dollar amount of refunds (5) The Franchisee will offer Subscribers "appointment window" alternatives for installations, Service Calls, and other installation activities of a maximum few (4) how schedule time block on Monday through Saturday between the hours of 8:00 a.m. and 7:00 p.m. except during months where available light (December, January, February, March and April) does not permit appointments after 6:00 p.m. At the Franchisee's discretion, the Franchisee may offer Subscribers appointments other than these fow (4) how ' time blocks if agreeable to the Subscriber. The Franchisee 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 Franchisee shall also perform some Service Calls outside of the hours specified above in the evenings and on weekends. A franchisee may not cancel an appointment with a customer after 6:00 p.m. on the business day prior to a scheduled appointment and, if the installer is running late and will not be able to keep the service appointment as scheduled, the customer will be contacted and the appointment rescheduled at the customer's convenience. (6) At the request of the Subscriber, the Franchisee will call the Subscriber prior to an installation or Service Call appointment. The call shall be made by the Franchisee at the approximate time and to the telephone number requested by the Subscriber. (7) If installation is neither started nor completed as scheduled, an employee of the franchisee will telephone the subscriber the same day. Franchisee shall document an attempt to contact the Subscriber directly at all contact numbers provided by subscriber. If, however, the Subscriber is unavailable at the time the contact attempt is made, the Franchisee will attempt at least a second documented contact during the previously agreed upon appointment window or before the specifically scheduled time. Evening personnel shall also attempt to call subscribers at their homes ' between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee of the franchisee shall contact the subscriber by telephone the next day. The appointment will be rescheduled at the customer's convenience. Ordinance No. 2019-1-02, Page 5 (8) If the Franchisee does not arrive for an installation or Service Call appointment within the scheduled time frame 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 Franchisee may substitute another customer service program for the "on-time guarantee" at its discretion, provided that the Subscriber benefits are compamble to the offers described. (9) Any individual Subscriber who does not have their Standard Installation completed within the seven (7) calendar day period is entitled to receive an additional credit equal to the value of a Standard Installation. This credit will not be provided to Subscribers who request installation later than seven (7) calendar days after order placement. (10) If it is necessary to place a temporary Drop on the ground, Franchisee shall bury the temporary Drop within ten (10) business days (Monday through Saturday), under Nomad Operating Conditions, the ten (10) day period shall be extended for days that Franchisee is unable to bury the Drop due to unfavorable weather conditions. Subscriber will be notified a minimum of 24 hours in advance of a drop being buried where the Franchisee needs access to private property to complete work. (e) Service Interruptions and Outages (1) Franchisee shall make repairs promptly, and interrupt Cable Service only if necessary and for the shortest period possible. Unless otherwise required by law or approved by the City, the Franchisee will not schedule routine testing or maintenance which would cause a Service Interruption or Outage on Friday, Saturday, or Sunday. (2) Franchisee 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 and affecting at least ten percent (10%) of the Subscribers in the Franchise Area. (3) Franchisee shall exercise its best efforts to limit Service Interruptions when 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 Service Interruption for a period of more than low (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 Service Interruption (4) Technicians employed by the Franchisee who are capable of responding to Service Interruptions affecting multiple Subscribers in a contiguous area must be available twenty-four (24) hours a day, seven (7) ' days per week. A franchisee shall have available at all times personnel, equipment and procedures capable of locating and correcting system malfunctions. A franchisee shall initiate corrective measures for major system malfunctions and service interruptions promptly, and in no event later Ordinance No. 2019-1-02, Page 6 than twenty-four (24) hours after the malfunction becomes known. Corrective action for all other malfunctions shall be initiated no later than the ' next business day after notification of the service problem. (5) Under Normal Operating Conditions, Franchisee must respond to calls or written notice from a Subscriber regarding a Service Interruption within twenty-four (24) hours. Franchisee most 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. (6) Under Normal Operating Conditions, Franchisee 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) hour period. Franchisee shall meet this standard for ninety percent (90%) of the Service Calls it completes, m measured on a quarterly basis. If the Franchisee fails to meet this standard during any calendar quarter, liquidated damages may be assessed by the City against the Franchisee as described in Section f. (7) Franchisee shall provide the City with a monthly Service Calls Report within thirty (30) calendar days following the and of each calendar quarter, noting the following: • number of total Service Calls completed for the month, 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) how period, not including Service Calls where the Subscriber was reasonably unavailable for a service call within the seventy-two (72) hour period (8) Under Normal Operating Conditions, Franchisee shall provide credit upon Subscriber request to affected Subscriber(s) when there is an outage of all Channels for a period of four (4) consecutive hours or more. The credit for such an outage 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 outage if requested by Franchisee. (9) Under Normal Operating Conditions, Franchisee shall provide a credit upon Subscriber request to any Subscriber experiencing an outage of any specific Cable Service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Cable Services. In order to qualify for the credit, the Subscriber must ' promptly report the problem and allow Franchisee to verify the outage if requested by Franchisee. Ordinance No. 2019-1-02, Page 7 (10) Under Normal Operating Conditions, if an outage affects all Cable Services in an area with greater than ten percent (10%) of Subscribers for (2) For any consecutive quarter(s) in which the Franchisee performs at a level below ninety percent (900/6), the Franchisee 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 Franchisee performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Franchisee shall pay the City three hundred dollars ($300) for the first quarter and two thousand dollars ($2,000) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. (3) The monthly reports including the Local Services Report, Calls Report, Standard Installations Report, and Service Calls Report shall be submitted not more than thirty (30) calendar days atter the end of each calendar quarter in the detail described in Sections b, c, d, e. Each monthly report, due within thirty (30) calendar days after the end of each calendar quarter, shall include the monthly as well m quarterly statistics. The material substance of the report shall be in a form reasonably acceptable to the City. (4) At the Franchisee's option, the reporting period may be changed from calendar quarters and months to billing or accounting quarters and months. Franchisee shall notify the City of such a change thirty (30) calendar days in advance. Ordinance No. 2019-1-02, Page 8 more than twenty-four (24) consecutive hours, Franchisee 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 credits under items 8 and 9 herein. (f) Liquidated Damages (I) The City may assess liquidated damages against the Franchisee for not meeting the performance standards established in sections b, c, d and e for any calendar quarter as follows: • Any quarter where Franchisee performs greater than or equal to eighty-five percent (85%) and less than ninety percent (90%), Franchisee shall pay the City three hundred dollars ($300). • Any quarter where Franchisee performs greater than or equal to seventy-five percent (75%) and less than eighty-five percent (85%), Franchisee shall pay the City five hundred dollars ($500). • Any quarter where Franchisee performs greater than or equal ' to sixty-five percent (65 %) and less than seventy-five percent (75%). Franchisee shall pay the City one thousand dollars ($1,000). • Any quarter where Franchisee performs less than sixty-five (65%), Franchisee shall pay the City two thousand dollars ($2,000). (2) For any consecutive quarter(s) in which the Franchisee performs at a level below ninety percent (900/6), the Franchisee 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 Franchisee performs at seventy-nine percent (79%) one quarter and sixty percent (60%) in the next quarter, the Franchisee shall pay the City three hundred dollars ($300) for the first quarter and two thousand dollars ($2,000) [$2,000 for the most recent quarter plus $300 for the previous quarter] for the second quarter. (3) The monthly reports including the Local Services Report, Calls Report, Standard Installations Report, and Service Calls Report shall be submitted not more than thirty (30) calendar days atter the end of each calendar quarter in the detail described in Sections b, c, d, e. Each monthly report, due within thirty (30) calendar days after the end of each calendar quarter, shall include the monthly as well m quarterly statistics. The material substance of the report shall be in a form reasonably acceptable to the City. (4) At the Franchisee's option, the reporting period may be changed from calendar quarters and months to billing or accounting quarters and months. Franchisee shall notify the City of such a change thirty (30) calendar days in advance. Ordinance No. 2019-1-02, Page 8 (5) If the City does not receive the monthly reports as due, or the reports include only partial information, the City shall give notice to Franchisee. Franchisee shall be assessed liquidated damages in the amount of fifty dollars ($50) per day, per report, for every day following receipt of the notice that the completed report is not provided to the City. Franchisee 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 Franchisee supplies an acceptable explanation to the City as to why the statistics could not be produced. (3) Reports. Franchisce shall provide customer complaint reports to the City due within thirty (30) calendar days after the end of each calendar quarter and shall include monthly as well as quarterly statistics. Reports shall include the information stated in Section (g)(1) and Section (g)(2). (4) If the City does not receive the monthly customer complaint reports as due, or the report includes only partial information, the City shall give notice to Franchisee. Franchisee shall be assessed liquidated damages in the amount of fifty dollars ($50) per day, per report, for every day following receipt of the notice that the completed report is not provided to the City. Franchisee 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 Franchisee supplies an acceptable explanation to the City as to why the statistics could not be produced. (5) Under Normal Operating Conditions, Franchisee shall respond to Ordinance No. 2019-1-02, Page 9 (g) Customer Complaints (1) Log of Complaints. Franchisee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of cable -related customer contacts from Allen Subscribers which result in a Service Call. Such log shall at a minimum list the date and time of each such complaint, identify the customer to the extent allowed by law, and describe the nature of the complaint by category, length of time taken to resolve complaint, and when and what corrective measures were taken by Franchisee to provide resolution of complaint. The log shall be turned into the City within thirty (30) calendar days after the end of each calendar quarter including monthly as well as quarterly information. Copies of the log shall be kept at one of the Franchisee's area office in or near the City for a period of at least three (3) years. Franchisee shall coopemte with the City in the development of this log format. (2) Additionally, Franchisee shall maintain a written or electronic log of every Subscriber complaint referred by the City, along with the dates, times and detailed information related to the complaint and resolution. Franchisee shall cooperate with the City in development of this log format. The log shall be turned into the City within thirty (30) calendar days after the end of each calendar quarter including monthly as well as quarterly information. If the City receives a pattern of complaints from subscribers which indicates a recurring problem, City may require Franchisee to maintain a manual or electronic log of the problem being tracked until such time as the calls to the City are reasonably reduced. (3) Reports. Franchisce shall provide customer complaint reports to the City due within thirty (30) calendar days after the end of each calendar quarter and shall include monthly as well as quarterly statistics. Reports shall include the information stated in Section (g)(1) and Section (g)(2). (4) If the City does not receive the monthly customer complaint reports as due, or the report includes only partial information, the City shall give notice to Franchisee. Franchisee shall be assessed liquidated damages in the amount of fifty dollars ($50) per day, per report, for every day following receipt of the notice that the completed report is not provided to the City. Franchisee 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 Franchisee supplies an acceptable explanation to the City as to why the statistics could not be produced. (5) Under Normal Operating Conditions, Franchisee shall respond to Ordinance No. 2019-1-02, Page 9 Subscriber complaints referred by the City, along within seventy-two (72) hours. Franchisee shall notify the City of those matters that necessitate an excess of seventy-two (72) hours, but those matters must be resolved within ten (10) days of the initial complaint. The City may require reasonable documentation be provided by the Franchisee to substantiate the request for additional time to respond to the problem. If the Franchisee fails to respond to a complaint within the required seventy-two (72) hours (or extended period), Franchisee shall pay to the City one hundred ($100) dollars per day for each day the complaint is not resolved within the specified timeframe. (6) For purposes of this subsection, "resolve" means that the Franchisee shall perform those actions, which, in the normal course of business, are necessary to respond to the Subscriber's problem. (7) If the City receives more than eighty (80) Subscriber calls in any consecutive four (4) week period regarding the Franchisee's Cable Service, the Franchisee shall place a representative at City offices at the City's request to assist in responding to Subscriber calls. The Franchisee's representative shall remain at the City will the Subscriber calls drop below this threshold for at least three (3) business days, measured on a proportionate basis. For example, if the threshold to trigger this requirement was eighty (80) calls during a four (4) week period, then the Franchisee shall no longer be obligated to provide a representative to the City when the call volume drops below twelve (12) calls for a three business day period. ' (h) RUM (1) 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 Franchisee 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 Franchisee 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. (2) Every Subscriber with a current account balance sending payment directly to Franchisee shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. (3) 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 I and 2 above. (4) 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 fees being assessed until the dispute is resolved provided that: ' The Subscriber pays all undisputed charges; Ordinance No. 2019-1-02, Page 10 • The Subscriber provides notification of the dispute to Franchisee 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 Franchisee's sole discretion to determine when the dispute has been resolved, however, the City has the right to determine if the Franchisee has met its obligations to the Subscriber under this subsection. (5) Under Normal Operating Conditions, the Franchisee 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. (6) Subscriber bills from the Franchisee shall include the time, 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. (7) The Franchisee shall provide a telephone number and address on the bill for Subscribers to contact the Franchisee. (8) The Franchisee shall forward a copy of any billing inserts or other ' mailing sent to Subscribers to the City upon request. (9) The Franchisee 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 Subscriber, or (4) by using a major credit card, as determined by the Franchisee, 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 Franchisee's cable Internet service, but that the Franchisee 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 Franchisee has not voluntarily made available the other payment options within eighteen (18) months of the effective date of this Franchise. (i) Deposits, Refunds and Credits (1) The Franchisee 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 Franchisee, or 3) who rent Subscriber equipment from the Franchisee, so long as such deposits are applied on a non. discriminatory basis. The maximum deposit the Franchisee 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 Franchisee may charge for Subscriber equipment is the cost (not depreciated value) of the equipment which the Franchisee would need to purchase to replace the equipment rented to the Subscriber. Ordinance No. 2019-1-02, Page 11 (2) The Franchisee shall pay simple amoral interest at five percent (5%) on deposits collected for equipment which are unrelated to poor credit or ' 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. Ordinance No. 2019-1-02. Page 12 poor payment history if the deposit is held by the Franchisee for a period in excess of one year, and the Subscriber's account is current at the time the deposit is refunded. The Franchisee 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) calendar days following the resolution of the event - giving rise to the refund. (4) 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. (5) Bills shall be considered paid when appropriate payment is received by the Franchisee or its authorized agent. Appropriate time considerations shall be included in the Franchisee's collection procedures to assure that payments due have been received before late notices or termination notices are sent. (j) Rates. Fees and Charges (1) The 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 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 Franchisee equipment incorrectly), or by the failure of the Subscriber to take reasonable precautions to protect the Fmchisee's equipment (for example, a dog chew). (2) The Franchisee 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. (k) Discounection/Denial of Service (1) The Franchisee shall not terminate Cable Service for nonpayment of a delinquent account unless the Franchisee provides a written 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. Ordinance No. 2019-1-02. Page 12 (2) In the event that Cable Service is terminated pursuant to a bulk contract and the Franchisee is permitted to enter into Cable Service ' arrangements with individual dwellings previously serviced under such contract, the Franchisee 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. (3) 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 E , Paragraph 8 of these Customer Service Standards. (4) The Franchisee shall furnish and maintain Cable Services to each Person who makes a request to receive any Franchisee -offered Cable Service subject to the line extension requirements. Nothing in these standards shall limit the right of the Franchisee 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 Franchisee's equipment, or abusive and/or threatening behavior toward the Franchisee's employees or representatives. (5) No period of notice prior to requested termination of service can be ' required of Subscribers by the 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). 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 Franchisee. For purposes of this subsection, the term "disconnect" shall include Subscribers who elect to cease receiving Cable Service from the Franchisee and to receive Cable Service or other multi -channel video service from another Person or entity. Franchisee is responsible for making arrangements to pick up equipment from Subscriber on the date of disconnection or on another date agreed to by the Subscriber, but no later than five (5) business days after the disconnection. Such arrangements may include sending a technician to the location to pick up equipment, or designating an equipment drop-off location in a central and convenient location within the City limits. Any method used must properly document receipt of equipment credited to Subscriber's account. If the City supplies information verifying the status of mobility -limited customers, upon such a subscriber's request, the franchisee shall arrange for pickup and/or replacement of converters or other company equipment at the subscriber's address or else provide a satisfactory equivalent. ' (6) Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the converter has been recovered by the franchisee. The refund process shall take a maximum of thirty (30) Ordinance No. 2019-1-02, Page 13 calendar days from the date disconnection was requested to the date the customer receives the refund. ' (7) At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises that is external to the demarcation point within (30) calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed. (1) Communications with Subscribers (1) All Franchisee personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside of the office of the Franchisee shall wear a clearly visible identification card bearing their name and photograph. The Franchisee shall 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 the Franchisee, its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Franchisee vehicles shall have the Franchisee's logo and phone number plainly visible; those of contractors and subcontractors working for the Franchisee 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 Franchisee. . (2) All contact with a Subscriber or potential Subscriber by a Person representing the Franchisee shall be conducted in a courteous manner. (3) The Franchisee shall send annual written notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by the Franchisee may be referred to the City. Such notification shall be either: A separate document included with a billing statement; • Included on the portion of the monthly bill that is to be retained by the Subscriber; or A separate mailing. (4) The Franchisee 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) calendar days in advance of such changes if within the control of the Franchisee, and the Franchisee shall provide a copy of the notice to the City including how and when the notice was given to Subscribers. (5) The Franchisee 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) calendar days prior to making significant changes in the information required by this subsection, if within the control of the Franchisee: Ordinance No. 2019-1-02. Page 14 • 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 Franchisee 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 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 Franchisee about all complaints and questions • Procedures for requesting Cable Service credit ' The availability of a parental control device Franchisee practices and procedures for protecting against invasions of privacy • The address and telephone number of the Franchisee's office to which complaints may be reported • When applicable, the Franchisee'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 Franchisee. The Franchisee shall promptly notify the City if they are unable to agree and shall propose viable alteratives. A copy of notices required in this Section 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 Franchisee and as soon as possible if not within the control of Franchisee. (6) 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. (7) Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific dial location, and Ordinance No. 2019-1-02, Page 15 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) A franchisee shall provide all subscribers and the City Manager with at least thirty (30) calendar days advance written notice of any changes in rates, charges, programming, channel positions, or initiations or discontinuations of service over the cable system. (9) 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 Franchisee where the Subscriber can receive additional information about their account and discuss the pending termination ' (10) The Franchisee shall make reasonable efforts to ensure that employees that speak Spanish and English are available to assist Subscribers and potential Subscribers as requested. (m) Protection of Subscriber Privacy. The Franchisee shall comply fully with all applicable State and federal laws relating to the protection of Subscriber privacy. (n) Handicapped Access. The Franchisee shall comply with all rules and regulations pertaining to the Americans with Disabilities Act. (o) Amendments. These standards may be amended from time to time upon mutual agreement of the City and the Franchisee." SECTION 2. Ordinance 1340-6-95, the Allen Cable Communications Ordinance is amended in part by adding Section 4(c) to read as follows: Section 4. Grant of authority; franchise required. ,.(a) ... (c) It shall be unlawful for any person, company, partnership, corporation or other legal entity to construct, operate or provide a cable system, cable television system, cable service within the City without first having obtained a franchise ' granted by the City pursuant to this Ordinance or without having first entered into a franchise agreement with the City pursuant to this Ordinance. Any person, company, partnership, corporation or other legal entity violating Section 4(c) of this Ordinance shall upon conviction be punished by a fine not to exceed the sum of Two Thousand Ordinance No. 2019-1-02, Page 16 Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense." ' SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 4. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, Ordinance No. 1340-6-95 shall remain in full force and effect except as amended herein; and all other provisions of the ordinances of the City of Allen, Collin County, Texas, not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION & An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of Section 4(c) this ordinance shall upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17ra DAY OF JANUARY. 2002. APPROVED: 2 a Stephen rrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY TTORNEY J dy Mo son, CMC/AAE, CITY SECRETARY Ordinance No. 2019-1-02, Page 17