4800 West 92nd Avenue Westminster, CO 80031

City Government

 

4. Cable Television Permit Ordinance

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7/07  16-4-1                                                                       16-4-1

CHAPTER 4

CABLE TELEVISION PERMIT ORDINANCE

16-4-1:  CUSTOMER SERVICE REQUIREMENTS
16-4-2:  CREDITS TO CUSTOMERS

16-4-1:  CUSTOMER SERVICE REQUIREMENTS:  (2250 2355 3370)

(A)  POLICY:  The Cable Operator should be permitted the option and autonomy to first resolve citizen complaints without delay and interference from the Franchising Authority.

Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the Franchising Authority should intervene.  In addition, where a pattern of, or unremedied, noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and establish a 30 day deadline for implementation of the cure.  If the noncompliance is not cured within 30 days, monetary sanctions should be imposed to encourage compliance.

These Standards are intended to be of general application; however, the Cable Operator shall be relieved of any obligations hereunder it is unable to perform due to a region wide natural emergency or in the event of force majeure affecting a significant portion of the franchise area.  The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards.

(B)  DEFINITIONS:  When used in these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below.

"Adoption" shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction, or to approve the Model Franchise Agreement adopted by the TCI Renewal Group of the GMCC (the "MFA") incorporating the Standards, under applicable ordinances and laws.

"Cable Operator" shall mean any person granted a franchise to operate, or operating, a cable television, data transfer, or telecommunications system within any area of jurisdiction of the Franchising Authority, and, in the MFA, the Grantee, or such person's employees, agents, contractors, or subcontractors.

"City" shall mean the City of Westminster, Colorado.

"Customer" shall mean any person who receives service of any sort from the Cable Operator.

"Customer Service Representative" or "CSR" shall mean any person employed by the Cable Operator to assist, or provide service to, customers, whether by answering public telephone lines, writing service or installation orders, answering customers' questions, receiving and processing payments, or performing other customer service-related tasks.

"Franchising Authority" shall mean the City and/or the Greater Metro Cable Consortium, and/or in the MFA, the Grantor.  The City Manager, or his designee, shall make all determinations of the need for information and hearings to ensure the Cable Operator's compliance with this ordinance.  The City Manager, or his designee, shall serve as the hearing officer for any hearing held to determine compliance with this ordinance.

7/07  16-4-1 (B)                                                                       16-4-1

"Greater Metro Cable Consortium" or "GMCC" shall mean a Colorado agency formed by intergovernmental agreement between its Members, local governmental subdivisions of the State of Colorado.  The GMCC may be delegated the authority to enforce cable television franchises and cable system operations for its Member communities, and may administer any or all functions under these Standards.

(C)  CUSTOMER SERVICE: 

          1.  Courtesy:  All employees of the Cable Operator shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers.

          2.  Accessibility: 

(a)  Within sixty (60) days of the effective date of these Standards, the Cable Operator shall provide, at sites acceptable to the Franchising Authority, customer service centers/business offices ("service centers") such that no customer shall be located further than ten (10) miles away from a service center.  Except as otherwise approved by the Franchising Authority, all service centers shall be open Monday through Friday from 8:00 a.m. to 6:00 p.m., and from 9:00 a.m. to 1:00 p.m. Saturdays, and shall be fully staffed with customer service representatives offering the following services to customers who come to the service center:  bill payment, equipment exchange, processing of change of service requests, and response to customer inquiries and requests.  The Franchising Authority may approve alternatives for service centers offering lesser services at any site to which the public has general access.  The Cable Operator 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 Franchising Authority and the Cable Operator if the service center is not open at the times posted.  The Cable Operator shall provide free exchanges of faulty converters at the customer's address.
(b)  The Cable Operator shall maintain local telephone access lines that shall be available 24 hours a day, seven days a week for service/repair requests and billing inquiries.
(c)  The Cable Operator shall have dispatchers and technicians on call 24 hours a day, 7 days a week, including legal holidays.
(d)  The Cable Operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to service/repair and billing inquiry lines are answered by a customer service representative within 30 seconds or less, and that any transfers are made within 30 seconds.  These standards shall be met no less than 90 percent of the time measured monthly.
(e)  The total number of calls receiving busy signals shall not exceed 3% of the total telephone calls.  This standard shall be met 90 percent or more of the time measured monthly.

          3.  Responsiveness

(a)  Guaranteed Seven-Day Residential Installation
          (1)  The Cable Operator shall complete all standard residential installations requested by customers within 7 business days after the order is placed, unless a later date for installation is requested.  "Standard" residential installations are those located up to 125 feet from the existing distribution system.  If the 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 total installation cost estimate and an estimated date of completion.
          (2)  All underground cable drops from the curb to the home shall be buried at a depth of no less than twelve inches (12"), and within no more than one calendar week from the initial installation, or at a time mutually agreed upon between the Cable Operator and the customer.

7/07  16-4-1 (C)                                                                       16-4-1

(b)  Residential Installation and Service Appointments
          (1)  Customers requesting installation of cable service or service to an existing installation may choose any of the following blocks of time for the installation appointment:  8:00 a.m. to 12:00 a.m.; 12:00 Noon to 4:00 p.m.; 4:00 p.m. to 8:00 p.m.; or a four-hour block of time mutually agreed upon by the customer and the Cable Operator.  The Cable Operator may not cancel an appointment with a customer after 5:00 p.m. on the day before the scheduled appointment, except for appointments scheduled within twelve (12) hours after the initial call.
                    (2)  The Cable Operator shall contact by telephone, mail, or in person, every customer within 2 weeks after installation to assure the customer's satisfaction with the work completed.  All responses shall be recorded, and retained by the Cable Operator, and made easily available to the Franchising Authority upon request.
                    (3)  The Cable Operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator.  In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours.
(c)  Residential Service Interruptions
          
(1)  In the event of system outages (loss of reception on all channels) resulting from Cable Operator equipment failure affecting 5 or more customers, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received.
          (2)  All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end of the next calendar day.
          (3)  The Cable Operator shall keep an accurate and comprehensive file of any and all complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints.  These files shall remain open to the Franchising Authority and the public during normal business hours.  Grantee shall provide Grantor an executive summary monthly, which shall include information concerning customer complaints.  A summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each month and submitted to the Franchising authority by the tenth (10th) day of the succeeding month.  A log of all service interruptions shall be maintained and provided to the Franchising Authority quarterly.
          (4)  All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within 36 hours, after the conditions beyond its control have been corrected.
(d)  TV Reception
          (1)  The Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC").  The Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible.  Scheduled interruptions shall be preceded by notice and shall occur during the periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.).
          (2)  If a customer experiences poor video or audio reception attributable to the Cable Operator's equipment, the Cable Operator shall repair the problem no later than the day following the customer call.  If an appointment is necessary, customer may choose the same blocks of time described in Section (C)3.(b)(1).  At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer.

7/07  16-4-1 (C)                                                                       16-4-1

(e)  Problem Resolution:  The Cable Operator's customer service representatives shall have the authority to provide credit for interrupted service or any of the other credits listed in Section 16-4-2, to waive fees, to schedule service appointments and to change billing cycles, where appropriate.  Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within 4 hours and resolve the problem within 48 hours or within such other time frame as is acceptable to the customer and the Cable Operator.
(f)  Billing, Credits, and Refunds
          (1)  Cable Operator shall convert to the Anniversary Billed System or other similar system of billing no later than December 31, 1996.  The Cable Operator shall submit reports to the Franchising Authority regarding its progress towards converting to said system at least quarterly.  Should these reports indicate that the conversion can practicably take place prior to the above-mentioned date, Cable Operator shall so convert.  On the date when the Cable Operator converts to the Anniversary Billing System, the following conditions shall apply:  The Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable service period for payment of a customer's service bill for that period.  If a customer's service bill is not paid within that period of time, the Cable Operator may apply an administrative fee to the customer's account.  If the customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perform a "soft" disconnect of the customer's service.  If a customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the customer that such disconnection may result.
          (2)  The Cable Operator shall issue a credit or refund to a customer within 30 days after determining the customer's entitlement to a credit or refund.
(g)  Treatment of Property
          
(1)  The Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by the Cable Operator, any employee or agent during installation or construction shall be restored to their prior condition or replaced.  Trees and shrubs shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located.  This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement.
          (2)  The Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the Franchising Authority, restore any property to as good condition as before the work causing such disturbance was initiated.  The Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities.
          (3)  Except in the case of an emergency involving public safety or service interruption to a large number of subscribers, the Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry.  Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law.  If damage is caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner 100% of the cost of the damage or replace the damaged property.  For the installation of pedestals or other major construction or installation projects, property owners shall also be notified by mail at least one week in advance.  In the case of an emergency, the Cable Operator 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.

7/07  16-4-1 (C)                                                                       16-4-1

          (4)  The Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly.
 4.  Services for Customers with Disabilities
(a)  For any customer with a disability, the Cable Operator shall at no charge deliver and pick up converters at customers' homes.  In the case of a malfunctioning converter, the technician shall provide another converter, hook it up and ensure that it is working properly, and shall return the defective converter to the Cable Operator.
(b)  The Cable Operator shall provide TDD service with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge.
(c)  The Cable Operator shall provide free use of a remote control unit to mobility-impaired (if disabled, in accordance with subsection 4.(d), below) customers.
(d)  Any customer with a disability may request the special services described above by providing the Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's installer or service technician, where the need for the special services can be visually confirmed.
(e)  Each CSR, technician or employee of the Cable Operator 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.
5.  Customer Information
(a)  Upon installation, and at any time the customer may request, the Cable Operator shall provide the following information, in clear, concise written form:
          (1)  Products and services offered by the Cable Operator, including its channel lineup;
          (2)  The Cable Operator's complete range of service options and the prices for these services;
          (3)  These Standards, with Section 16-4-2, and any other applicable customer service standards;
          (4)  Instruction on the use of cable TV service and on standard VCR hookups;
          (5)  The Cable Operator's billing, collection and disconnection policies;
          (6)  Customer privacy requirements;
          (7)  All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the Cable Operator, the FCC, and the Franchising Authority to whom the complaints should be addressed;
          (8)  Use and availability of A/B switches;
          (9)  Use and availability of parental control/lock out device;
          (10)  Special services for customers with disabilities;
          (11)  Days, times of operation, and locations of the service centers.
(b)  Copies of all notices provided to the customer shall be filed (by fax acceptable) concurrently with the Franchising Authority and the Consortium.
(c)  The Cable Operator shall provide customers with written notification of any change in rates, programming, or channel positions, at least 30 days before the effective date of change.
(d)  All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are in personal contact with cable customers shall wear on their outer clothing identification cards bearing their name and photograph as approved by the Franchising Authority.  The Cable Operator shall account for all identification cards

7/07  16-4-1 (C)                                                                       16-4-1

at all times.  Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator.  All CSR's shall identify themselves orally to callers immediately following the greeting during each telephone contact with the public.  Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and further identified as contracting or subcontracting for the Cable Operator.
6.  Customer Privacy
(a)  The Cable Operator shall not monitor cable television signals to determine the individual viewing patterns or practices of any customer without prior written consent from that customer, except as otherwise permitted by the applicable Franchise.
(b)  The Cable Operator shall not sell or otherwise make available customer lists or other personally identifiable customer information without prior written customer consent, except as otherwise permitted by the Franchise.  The Cable Operator is permitted to disclose such information if such disclosure is necessary to render, or conduct, a legitimate business activity related to a cable service or other service provided by the Cable Operator to its customers.
7.  Safety:  The Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property.  Whenever the Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.
8.  Satisfaction Guaranteed:  The Cable Operator shall guarantee customer satisfaction for every customer who requests new installation of cable service or adds any additional programming service to the customer's cable subscription.  Any such customer who requests disconnection of such service within 30 days from its date of activation shall receive a credit to his/her account in the amount of one month's subscription charge for the service that has been disconnected.

(D)  COMPLAINT PROCEDURE:

1.  Complaints to the Cable Operator
(a)  The Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts in accordance with Section 16-4-2:  "Credits to Customers," which Schedule is incorporated herein by this reference, and as otherwise provided herein, without intervention by the Franchising Authority and shall publicize such procedures through printed documents at the Cable Operator's sole expense.
(b)  Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to the Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable business practices.
(c)  At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than fifteen (15) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its investigation and its proposed action or credit.
(d)  The Cable Operator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the Franchising Authority.
(e)  The Cable Operator shall immediately report all customer complaints that it does not find valid to the Franchising Authority.
(f)  The Cable Operator's complaint procedures shall be filed with and approved by the Franchising Authority prior to implementation.

7/07  16-4-1 (D)                                                                       16-4-1

2.  Security Fund
(a)  Within thirty (30) days of the effective date of these Standards or the effective date of any franchise granted by the Franchising Authority, whichever occurs first, the Cable Operator shall deposit with an escrow agent approved by the Franchising Authority $100,000 (one hundred thousand dollars), or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction.  Such amount may, with the approval of the Franchising Authority, be posted jointly for more than one member of the GMCC, and may be administered, and drawn upon, jointly by the GMCC or drawn upon individually by each member.  The escrowed funds shall constitute the "Security Fund" for ensuring compliance with these Standards for the benefit of the Franchising Authority.  The escrowed funds shall be maintained by the Cable Operator at one hundred thousand dollars ($100,000), or such lesser amount accepted by the Franchising Authority, even if amounts are withdrawn pursuant to any provision of these Standards.
(b)  At any time during the term of this agreement, the Franchising Authority may require the Cable Operator to increase the amount of the Security Fund, if it finds that new risk factors exist which necessitate such an increase.
(c)  The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the performance by the Cable Operator of all its obligations under these Customer Service Standards.
(d)  The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have.
3.  Complaints to the Franchising Authority
(a)  Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the fifteen (15) day period as required shall be entitled to have the complaint reviewed by the Franchising Authority.
(b)  The customer may initiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, if any, with the Franchising Authority.
(c)  The customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original complaint with the Cable Operator.
(d)  If the Franchising Authority decides that further evidence is warranted, the Franchising Authority shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions.
(e)  The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint.
(f)  The Franchising Authority shall issue a determination within fifteen (15) days after examining the materials submitted, setting forth its basis for the determination.

7/07  16-4-1 (D)                                                                       16-4-1

(g)  The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution.
(h)  If the Franchising Authority determines that the customer's complaint is valid and that the Cable Operator did not provide the complaining customer with the proper solution and/or credit, the Franchising Authority may reverse any decision of the Cable Operator in the matter and/or require the Cable Operator to grant a specific solution as determined by the Franchising Authority in its sole discretion, and/or any credit provided for in these Standards; or the Franchising Authority may provide the customer with the amount of the credit (as set forth in Section 16-4-2) by means of a withdrawal from the Security Fund.

          4.  Verification of Compliance:  The Cable Operator shall establish its compliance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority.

          5.  Overall Quality of Service:  The Franchising Authority may evaluate the overall quality of customer service provided by the Cable Operator to customers:

(a)  In conjunction with any performance review provided for in the franchise agreement; and
(b)  At any other time, at its sole discretion, based on the number of customer complaints received by the Cable Operator and the Franchising Authority, and the Cable Operator's response to those complaints.

          6.  Noncompliance with Customer Service Standards:  Noncompliance with any provision of these Standards is a violation of these Standards.

          7.  Procedure for Remedying Violations

(a)  If the Franchising Authority has reason to believe that the Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, the Franchising Authority may demand in writing that the Cable Operator remedy the alleged noncompliance.  If the alleged noncompliance is denied or not remedied to the satisfaction of the Franchising Authority, the Franchising Authority may opt to follow the following procedure.
(b)  An informal meeting may be held to review the alleged noncompliance.  If this meeting does not result in a resolution satisfactory to the Franchising Authority, the Cable Operator may request or the Franchising Authority may require an administrative hearing to determine if the noncompliance occurred.  The Cable Operator shall be provided within ten (10) days written notice of the time and the place of the hearing, the allegations of noncompliance and the possible consequences of the noncompliance if substantiated.
(c)  After the administrative hearing, the Franchising Authority shall determine whether the noncompliance has been substantiated.  If the noncompliance is substantiated, the Franchising Authority may order the Cable Operator to correct or remedy the noncompliance within thirty (30) days (except where the noncompliance constitutes a material safety hazard) and in the manner and on the terms and conditions that the Franchising Authority establishes, or, in its sole discretion, the Franchising Authority may find a material violation of these Standards.
(d)  If the Franchising Authority determines in its sole discretion that the noncompliance has been substantiated, the Franchising Authority may:
          (1)  Impose assessments of one thousand dollars ($1,000.00) per day, to be withdrawn from the Security Fund in addition to any franchise fee until the noncompliance is remedied; and/or
          (2)  Order, after further hearing, such rebates and credits to affected customers as in its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or

7/07  16-4-1 (D)                                                                       16-4-2

          (3)  In its sole discretion, declare a violation of the franchise agreement, and in such case, the noncompliance shall be a violation of the franchise agreement for the purposes of the franchise agreement, triggering all available obligations and remedies under the franchise agreement; and/or
          (4)  Withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applicable law; and/or
          (5)  Pursue any other legal or equitable remedy available under any applicable franchise agreement or law.
          (6)  Any assessment or remedy shall not constitute a waiver by the Franchising Authority of any other right or remedy it may have under any applicable franchise agreement or law including any right to recover from the Cable Operator any additional damages, losses, costs, and expenses, including actual attorney's fees that are incurred by the Franchising Authority by reason of, or arise out of noncompliance with these Standards.

(E)  MISCELLANEOUS

  1.  Severability:  Should any section, subsection, paragraph, term, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard thereto, such determination shall have no effect on the validity of any other section, subsection, paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force and effect.

  2.  Non-Waiver:  Failure to enforce any provision of these Standards shall not operate as a waiver of the obligations or responsibilities of the Cable Operator under said provision, or any other provision of these Standards.

16-4-2:  CREDITS TO CUSTOMERS:  (2250 2355 3370)

 (A) COURTESY:
   1. All employees of TCI OF COLORADO/MILE HI CABLE shall be friendly, knowledgeable and helpful in their services.
$5.00 credit to their acct
 (B) ACCESSIBILITY:
   1.

TCI OF COLORADO/MILE HI CABLE shall provide one customer service center for every 25,000 subscribers, with no subscriber further than 5 miles from one.

 $5.00 credit to their acct
   2. TCI OF COLORADO/MILE HIGH CABLE shall have local telephone access lines that are available 24 hours a day, 7 days a week.  $5.00 credit to their acct
   3. TCI OF COLORADO/MILE HIGH CABLE will have dispatchers and technicians on call 24 hours/day, 7 days/week.  $5.00 credit to their acct
   4. TCI OF COLORADO/MILE HIGH CABLE shall have sufficient customer service representatives and telephone line capacity to ensure that calls are being answered in 30 seconds of less.  $5.00 credit to their acct
   5. Calls receiving busy signals shall not exceed 3% of the total telephone calls.
 $5.00 credit to their acct

7/07  16-4-2 (B)                                                                       16-4-2

 (C) RESPONSIVENESS:
   1.  Guaranteed 7-Day Residential Installation
(a) TCI OF COLORADO/MILE HI CABLE shall complete installations requested by customers within 7 business days after the order has been placed.
(b) All underground cable drops will be buried no less than 8 inches and no more than 3 working days from the initial installation.
Free installation, or 1 month's basic service, if the fee has been waived for promotional reasons
   2.  Residential Installation Appointments  
     (a) TCI OF COLORADO/ MILE HI CABLE customerswanting installation of cable may choose any 2-hour time block for installation.  $5.00 credit to their acct
     (b) If running late, TCI OF COLORADO/ MILEHI CABLE shall contact the customer before the end of the scheduled appointment and reschedule at the convenience of the customer.  $5.00 credit to their acct
     (c) Every TCI OF COLORADO/ MILE HI CABLEcustomer shall be contacted within 2 weeks after installation to assure customer satisfaction.  $5.00 credit to their acct
     (d) TCI OF COLORADO/ MILE HI CABLE willdeemed to have responded to a service request when technician arrives within the agreed upon time and the customer is home.  $5.00 credit to their acct
   3.  Residential Service Interruptions  
     (a) System outages resulting from TCI OFCOLORADO/ MILE HI CABLE equipment failure affecting 5 or more customers shall be corrected within 2 hours after the 5th customer call is received.  One day's service for each 24-hour delay
     (b) All other interruptions resulting fromTCI OF COLORADO/MILE HI CABLE equipment failure shall be corrected within 24 hours or by the end of the next day.  One day's service for each 24-hour delay
     (c) TCI OF COLORADO/ MILE HI CABLE shallkeep a log, written or in computer memory, for all service interruptions and requests for service that result in a service call.  One day's service for each 24-hour delay
     (d) All service outages or interruptionsbeyond the control of TCI OF COLORADO/ MILE HI CABLE shall be corrected within 36 hours.  One day's service for each 24-hour delay
   4.  TV Reception Difficulties  
     (a) TCI OF COLORADO/ MILE HI CABLE will provide clear TV reception and shall make repairs promptly, and interrupt service only for good cause and for the shortest time possible.  One day's service for each 24-hour delay

7/07  16-4-2 (C)                                                                      16-4-2

     (b) If a customer experiences poor video or audio reception due to TCI OF COLORADO/ MILE HI CABLE's equipment, TCI will repair the problem no later than the next day.  One day's service for each 24-hour delay
   5.  Problem Resolution  
     (a) TCI OF COLORADO/ MILE HI CABLE customer service reps. will be able to provide credit waive fees, schedule appointments and change billing cycles. Any difficulties that cannot be resolved by the customer service representative will be referred to a supervisor who will contact the customer within 2 hours and offer a solution to the problem within 48 hours.  $5.00 credit to their acct
   6.  Billing, Credits, and Refunds  
     (a) TCI OF COLORADO/ MILE HI CABLE customers will receive a clear and concise bill monthly. TCI shall respond to a customer's billing inquiry made by telephone within 48 hours after receiving it and to a written billing inquiry within 2 weeks after receiving it.  $5.00 credit to their acct
     (b) TCI OF COLORADO/ MILE HI CABLE will allow 30 days from the date of the bill for payment. If not paid within 45 days of the date, TCI may apply a $5 fee. If not paid within 60 days of the date, TCI may disconnect service.  $5.00 credit to their acct
     (c) TCI OF COLORADO/ MILE HI CABLE shall issue a credit or refund within 30 days after determining the customer is entitled to one.  $5.00 credit to their acct
     (d) TCI OF COLORADO/ MILE HI CABLE shall revert any customer's service to basic for no less than 1 week if the customer makes the request no less than 1 month in advance.  $5.00 credit to their acct
   7.  Respectful Treatment of Customer's Property  
     (a) TCI OF COLORADO/ MILE HI CABLE shall replace trees or shrubs damaged from installation.  $10.00 credit, plus any additional repairs
     (b) TCI OF COLORADO/ MILE HI CABLE will restore any damaged property to the same condition it was before damaged.  $10.00 credit, plus any additional repairs
     (c) TCI OF COLORADO/ MILE HI CABLE will give notice to property owners before entering premises, specifying the work to be done.  $10.00 credit, plus any additional repairs
     (d) TCI OF COLORADO/ MILE HI CABLE personnel shall clean up the area surrounding a work site and properly dispose of cable materials.  $10.00 credit, plus any additional repairs

7/07  16-4-2 (D)                                                                      16-4-2

 (D) SERVICES FOR CUSTOMERS WITH DISABILITIES:
   1.  TCI OF COLORADO/ MILE HI CABLE shall provide the following services for customers with disabilities at no additional charge:
     (a) TCI OF COLORADO/MILE HI CABLE will deliver and pick up converters at the home of customers with disabilities. In the case of a malfunctioning converter, the technician shall replace it with a new one.  $5.00 credit to their acct
     (b) TCI OF COLORADO/MILE HI CABLE will waive the installation fee for FM service for an FM outletinstalled in the same room as the primary cable outlet.  $5.00 credit to their acct
     (c) TCI OF COLORADO/MILE HI CABLE will waive the monthly charge for FM service
 $5.00 credit to their acct
   2.  TCI OF COLORADO/ MILE HI CABLE will provide the following services for the hearing-impaired at no additional charge:
     (a) TCI OF COLORADO/MILE HI CABLE will provide TDD service with trained operators who can provide any assistance available from TCI.  $5.00 credit to their acct
     (b) TCI OF COLORADO/MILE HI CABLE will install, at no charge, any closed captioning device purchased by a hearing-impaired customer.
 $5.00 credit to their acct
   3.  TCI OF COLORADO/MILE HI CABLE shall provide free use of a remote control unit to mobility/impaired customers.
       $5.00 credit to their acct
   4.  A customer with a disability may request $5.00 credit to their acct the above services by providing TCI OF COLORADO/MILE HI CABLE with a letter from a physician stating their condition, or by making the request to TCI OF COLORADO/MILE HI CABLE's installer in person.
 $5.00 credit to their acct
 (E) CUSTOMER INFORMATION
   1.  Upon installation, or at a customer's request, TCI OF COLORADO/MILE HI CABLE will provide the following information:
     (a) Products and services offered  Provide customer with the requested information and $5.00 to account
     (b) Complete range of service options and prices
     (c) Customer service standards
     (d) Instruction on use of cable TV service and on standard VCR hookups
     (e) Billing, collection and disconnect policies
     (f) Customer privacy requirements
     (g) Complaint procedure, containing the City or the designated agency to whom the complaints should be addressed
     (h) Use and availability of A/B switch
     (i) Use and availability to parental control/ lock out device
     (j) Special services for customers with visual, hearing or mobility disabilities
     (k) Days, times of operation, and locations of the customer service centers

7/07  16-4-2 (E)                                                                      16-4-2

  2.  TCI OF COLORADO/ MILE HI CABLE will provide customers with written notification of any account change in rates, programming, or channels at least 30 days before the date of change.
 $5.00 credit to their acct
   3.  Every employee of TCI OF COLORADO/ MILE HI CABLE in contact with customers will wear accountan ID card with their name and photograph. Every vehicle of TCI will be visually ID'd as working for TCI OF COLORADO/MILE HI CABLE.
 $5.00 credit to their acct
 (F) CUSTOMER PRIVACY
   1.  TCI OF COLORADO/MILE HI CABLE will not monitor cable television signals to determine viewing patterns of a customer check for at least without prior written customer consent.
 The customer has the choice of either a check for at least $100, or a credit to their account in the same amount
   2.  TCI OF COLORADO/MILE HI CABLE will not their account in the sell or make available customer lists or other personally identifiable customer information without prior written customer consent.
 (G) SAFETY
   1.  TCI OF COLORADO/ MILE HI CABLE will install and locate its equipment in compliance with all federal, state, local, and company safety standards, and in such manner that will not interfere with or endanger persons or property.  At least $25/day for each 24 hour delay in responding, plus and additional rights or causes of action available to the customer
 (H) SATISFACTION GUARANTEED
   1.  TCI OF COLORADO/MILE HI CABLE will guarantee customer satisfaction for every customer who requests new installation of cable service or adds any additional programming service to his/her cable subscription.

 

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