Chapter 31.16


31.16.010    General service standards.

31.16.020    Appointments.

31.16.030    Installation standards measured on a quarterly basis.

31.16.040    Extension of service.

31.16.050    Response to service request.

31.16.060    Charges for installation and service.

31.16.070    Cable drops.

31.16.080    Underground and above-ground installations.

31.16.010 General service standards.

(a)    A cable operator shall render efficient cable service, make prompt repairs, and intentionally interrupt cable service on the cable system only for good cause and for the shortest time possible and, except in emergency situations or to the extent necessary to fix the affected subscriber’s service problems, or as provided in subsection (d) of this section, only after a minimum of forty-eight hours’ prior notice to subscribers and the city of the anticipated cable service interruption.

(b)    A cable operator shall maintain sufficient staff and facilities to handle properly and adequately respond to cable system maintenance, requests for service, and complaints.

(c)    A cable operator shall maintain a duty roster of qualified technicians to respond to complaints or malfunctions of the cable system at other than normal office hours.

(d)    A cable operator need not give notice to subscribers for planned maintenance that does not require more than two hours’ interruption of cable service to at least fifty subscribers and that occurs between the hours of twelve midnight and six a.m., but shall give notice to the city no less than twenty-four hours prior to this kind of anticipated cable service interruption.

(e)    In the event of a system outage (loss of reception on all channels) resulting from cable operator equipment failure affecting ten or more customers, the cable operator shall respond in accordance with its outage response procedures, and in no event more than two hours after the tenth customer call is received, and shall remedy the problem as quickly as possible.

(f)    A cable operator shall begin working to restore service within two hours after it becomes aware of a service interruption affecting five percent or more of the subscribers within the boundaries of the franchisors.

(g)    A cable operator shall maintain a written log, which if stored in computer memory is capable of access and reproduction on hardcopy, of all cable service interruptions and requests for cable service. (Ord. 4207 § 1 (part), 2009)

31.16.020 Appointments.

(a)    Customers requesting installation of cable service or service to an existing installation may choose an appointment window consisting of a four-hour time block between eight a.m. and six p.m. or another block of time mutually agreed upon by the customer and the cable operator. These options shall be clearly explained to the customer at the time of scheduling. A cable operator may also offer longer appointment windows so long as it offers the subscriber the specified four-hour time blocks as well.

(b)    The date set by the cable operator for an appointment shall be no more than seven calendar days from the date of the request, unless the subscriber, after being informed of the subscriber’s rights under this rule, specifically requests a later date.

(c)    A cable operator may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.

(d)    A cable operator may not cancel an appointment with a subscriber after five p.m. on the business day preceding the appointment, except for appointments scheduled within twelve hours after the initial call.

(e)    A cable operator may not require that a subscriber answer a telephone call or that the subscriber otherwise confirm availability before the cable operator commences an appointment. If a cable operator unsuccessfully attempts to contact the subscriber prior to arriving at the appointment, and then fails to keep the appointment, the cable operator’s failure to reach the subscriber shall not excuse it from keeping the appointment.

(f)    If a cable operator’s representative is running late for an appointment with a subscriber and is not able to keep the appointment as scheduled, the subscriber shall be contacted. The appointment shall be rescheduled, as necessary, at a time convenient to the subscriber. If the customer is absent when the technician arrives, the technician shall leave hardcopy written notification of timely arrival. (Ord. 4207 § 1 (part), 2009)

31.16.030 Installation standards measured on a quarterly basis.

Under normal operating conditions, each of the following standards shall be met by a cable operator no less than ninety-five percent of the time, measured on a quarterly basis:

(a)    A cable operator shall complete a standard installation within seven business days after receipt of a request, excluding time required to obtain necessary permits, in all areas where trunk and feeder cable has been activated for cable service, provided, however, that if installation requires that fiber be terminated on the subscriber’s premises and such termination has not yet been installed, a cable operator shall have seven days to install such termination, and the seven-day period for installation of cable service shall commence only after such termination is installed or the seven-day period for such termination has elapsed, whichever occurs first.

(b)    Excluding conditions beyond the control of the cable operator, the cable operator will begin working on a service interruption promptly and in no event later than twenty-four hours after the interruption becomes known. The cable operator shall use its best efforts to correct service interruptions resulting from cable operator equipment failure by the end of the next day, but in no event longer than forty-eight hours. Work on other requests for service shall be commenced by the next business day after notification of the problem, and the work shall be completed within three business days from the date of the initial request. If for reasons beyond the cable operator’s control the work cannot be completed in the required time even with the exercise of all due diligence, the cable operator shall complete the work in the shortest time possible. A cable operator’s failure to hire sufficient staff or to train its staff properly does not justify a cable operator’s failure to comply with the required time period.

(c)    If a customer experiences poor signal quality (whether it relates to a visual or audio problem) which is attributable to the cable operator’s equipment, the cable operator shall respond and repair the problem no later than the day following the customer call, provided that the customer is available and the repair can be made within the allotted time. At the customer’s request, the cable operator shall repair the problem at a later time that is convenient for the customer. (Ord. 4207 § 1 (part), 2009)

31.16.040 Extension of service.

(a)    A cable operator shall complete a nonstandard installation within sixty days if the distribution system need not be extended for one-half mile or more to provide cable service, or within six months if an extension of the distribution system for one-half mile or more is required, excluding time required to obtain necessary permits.

(b)    If a potential subscriber or the city requests an estimate of the cost of line extension to a location, a cable operator shall provide such a good-faith estimate within thirty days from the date of such request. (Ord. 4207 § 1 (part), 2009)

31.16.050 Response to service request.

(a)    A cable operator has responded to a request for service under the provisions of this section when a technician arrives at the service location and begins work on the problem, or, if a technician’s presence at the service location is not necessary to diagnose and cure the problem, when the cable operator has begun work on the problem elsewhere.

(b)    If a subscriber is not home when the technician arrives, response is considered to have taken place if the technician leaves hardcopy written notification of the technician’s arrival. (Ord. 4207 § 1 (part), 2009)

31.16.060 Charges for installation and service.

(a)    Except as federal law may otherwise provide, a cable operator may not charge a subscriber any cost other than its standard installation rate for a standard installation of a single outlet, unless the cable operator demonstrates to the city’s satisfaction that extraordinary circumstances justify a higher charge.

(b)    Except as federal law may otherwise provide, a cable operator may not charge a subscriber for a service call unless the service request can be demonstrated (1) both to have been repeated and not to have been based on a problem originating with the cable system, or (2) to involve subscriber negligence or misuse of equipment. (Ord. 4207 § 1 (part), 2009)

31.16.070 Cable drops.

(a)    Except as applicable law otherwise may require, if a drop exceeds the standard drop length, a cable operator may charge a subscriber for a cable operator’s actual costs of labor and materials associated with installing the drop beyond the standard drop length if the drop length in excess of the standard drop length is necessary due to engineering requirements.

(b)    If a customer requests a nonstandard residential installation, or the cable operator determines that a nonstandard residential installation is required, the cable operator shall provide the customer in advance with a cost estimate and an estimated date of completion.

(c)    The subscriber’s preference for the point of entry into the residence shall be observed whenever feasible.

(d)    Runs in building interiors shall be as unobtrusive as possible.

(e)    A cable operator shall use due care in the process of installation and shall repair any damage to the subscriber’s property caused by the installation. The restoration shall be undertaken as soon as possible after the damage was incurred and shall be completed within no more than thirty days after the damage is incurred, subject to reasonable landscaping limitations. (Ord. 4207 § 1 (part), 2009)

31.16.080 Underground and above-ground installations.

(a)    In locations where a cable operator’s system is underground, drops shall be placed underground as well.

(b)    Except as federal law may otherwise require, in an area where a cable operator would be entitled to install a drop above ground, the cable operator, if requested by the homeowner, shall install the drop underground but may charge the homeowner the difference between the actual cost of labor and materials for the above-ground installation and the actual cost of labor and materials for the underground installation.

(c)    Absent unusual circumstances, all underground cable drops from the curb to the home shall be buried at a depth of no less than twelve inches, and within a reasonable period of time from the initial installation, or at a time mutually agreed upon between the cable operator and the customer. In all instances, the cable operator must comply with the state’s One Call requirements. (Ord. 4207 § 1 (part), 2009)