Chapter 31.08
GENERAL PROVISIONS

Sections:

31.08.010    Policy.

31.08.020    Cable operator duties.

31.08.030    Scope of title.

31.08.040    Meeting standards specified by percentages of time.

31.08.050    Initial grace period.

31.08.010 Policy.

(a)    The cable operator shall be permitted to resolve citizen complaints prior to action or involvement by the city. If a complaint is not resolved by the cable operator to the citizen’s satisfaction, the city may intervene.

(b)    These standards are intended to be of general application; however, the cable operator shall be relieved of any obligations hereunder if it is unable to perform due to circumstances beyond its reasonable control, such as natural disasters. The cable operator may, and is encouraged to, exceed these standards for the benefit of its customers. (Ord. 4207 § 1 (part), 2009)

31.08.020 Cable operator duties.

A cable operator shall satisfy the customer service standards set forth in this section and any additional or stricter requirements established by regulations of the FCC or other applicable federal, state, or local law or regulation. (Ord. 4207 § 1 (part), 2009)

31.08.030 Scope of title.

This title does not prevent or prohibit:

(a)    The city and a cable operator from agreeing to customer service requirements that exceed the standards set forth in this title;

(b)    The city from enforcing, through the end of a franchise term, preexisting customer service requirements that exceed the standards set forth in this title or are contained in current franchise agreements;

(c)    The city from enacting or enforcing any lawful customer service or consumer protection laws or regulations; or

(d)    The establishment or enforcement of any law or regulation by the city concerning customer service that imposes customer service requirements that exceed, or address matters not addressed by, the standards set forth in this title, a franchise agreement, or federal or state law. (Ord. 4207 § 1 (part), 2009)

31.08.040 Meeting standards specified by percentages of time.

Where standards must be met a certain percentage of the time, as specified herein, a cable operator must adopt policies designed to meet those standards in all cases, and in no event shall intentionally violate the standards. However, the cable operator shall not be subject to penalties or liquidated damages if it unintentionally fails to meet the standards in particular cases, so long as the cable operator meets the standards the specified percentage of the time. (Ord. 4207 § 1 (part), 2009)

31.08.050 Initial grace period.

Other than for violations of Chapters 31.40 and 31.44, a cable operator shall not be subject to penalties, liquidated damages, or other monetary sanctions for violations of the customer service standards set forth in this title that occur during the first six months after the operator first begins to provide cable service within the boundaries of the city, unless such violations involve fraud or willful misconduct. (Ord. 4207 § 1 (part), 2009)