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020 of 1989 - Cable Communications Service Standards Ordinance SALT LAKE CITY ORDINANCE No. 20 of 1989 (CABLE COMMUNICATIONS SERVICE STANDARDS ORDINANCE) AN ORDINANCE AMENDING TITLE 5 OF THE SALT LAKE CITY CODE RELATING TO CABLE COMMUNICATIONS BY ADDING A NEW CHAPTER 5 . 21 PROVIDING FOR THE CUSTOMER SERVICE STANDARDS OF CABLE FRANCHISES. WHEREAS, the City, in the exercise of its police power and other regulatory authority and in compliance with federal regulatory limitations, believes it to be in the best interests to provide that any franchise cable television operation comply with certain customer service standards; and WHEREAS, the City has negotiated proposed customer service standards with TCI Cablevision of Utah, Inc. , a prospective franchisee; and WHEREAS, the City believes such standards to be in the best interest of the citizens; NOW, THEREFORE, Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 5.21 be enacted into the Salt Lake City Code as follows: Sec. 5.21.010. PURPOSE. The purpose of this ordinance is to regulate in the public interest, the service standards of Cable Communication Systems within the City, in order to ensure that the service provided to Subscribers within the City by cable television companies is reasonably sufficient to meet community needs. Sec. 5.21.020. SHORT TITLE. This Ordinance shall constitute the "Cable Television Service Standards Ordinance" of the City of Salt Lake and may be referred to as such. Sec. 5.21.030. DEFINITION OF TERMS. For the purposes of this Ordinance the following terms, phrases, words, abbreviations and derivations shall have the following meaning. Terms not defined in this ordinance shall have the meaning defined in the Master Cable Communication Ordinance. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. (A) "Cable Service" means ( 1 ) the one-way transmission to subscribers of video programming or other programming services, and (2 ) any subscriber interaction required for the selection of such video programming or other programming service. (B) "Abandoned Calls" means telephone calls that are connected to the Grantee' s general information number but the caller hangs up without being attended by a representative of the Grantee or a device capable of problem resolution (e.g. placing a service request, placing a work order, directing call to appropriate personnel, etc. ) . "Abandoned -2- Calls" shall in no event be deemed to include calls in which the caller hangs up within forty- five (45) seconds of making the call. Sec. 5.21.040. REQUIREMENTS. (A) Grantee shall maintain an office in the City where complaints and requests for repairs- or adjustments may be received at any time. The current local telephone number(s) for the office and complaint service shall be listed in telephone directories distributed in Grantee' s Service Area. (B) Grantee shall maintain a written record or "log" of system failures and customer complaints describing the date and nature of the failure or complaint, and the date and nature of the action taken by Grantee. These records shall be kept at Grantee' s local office for a period of three (3 ) years and shall be available for inspection by the City during regular business hours. Sec. 5.21.050. SYSTEM SERVICE STANDARDS. (A) Grantee shall limit System failures to a minimum time duration by locating and commencing repair promptly. Grantee will generally respond to Subscriber outages by the next business day. In the event of a major system outage, however, such as where a majority of Subscribers are without a picture in twenty-five percent (25%) or more of the Service Area, Grantee will respond to such -3- outages within twenty-four ( 24) hours after occurrence, irrespective of holidays or nonbusiness hours. (B) Grantee shall render efficient service making system repairs promptly, and interrupting service only for good cause and for the shortest time possible. Planned interruptions, insofar as possible, shall be preceded by twenty-four ( 24) hours notice to Subscribers and shall occur during periods of minimum viewership. Sec. 5.21.060. SUBSCRIBER SERVICE STANDARDS. (A) All calls to the general information number shall be answered by an operator or a device identifying the Grantee. (B) Subject to Section 5.21.090 hereof, eighty-five percent (85%) of all Customer calls shall be attended within three minutes by a representative of the Grantee or a device capable of problem resolution. (C) The rate of abandoned calls shall be less than fifteen percent ( 15%) . (D) Ninety-five percent (95%) of all Customer installations shall be completed within fifteen ( 15) working days (unless the Customer requests a later date) . -4- (E) Ninety-five percent ( 95%) of all repair and installation appointments shall be met by Grantee on the appointed date and within the appointed four-hour block of time, unless satisfactory arrangements are otherwise made with the Subscriber. An appointment shall be considered to have been met by Grantee if the Subscriber fails to be present to allow Grantee access during the appointed block of time and Grantee confirms such absence by calling the Subscriber' s home telephone. The Grantee shall provide the information required to monitor these standards to the Franchise Authority on a monthly basis. The Grantee shall be excused for not achieving these standards during periods when conditions exist which are outside of its reasonable ability to control, or when there are System interruptions, outages, or other activities designed to maintain or improve cable service or the system. The Grantee shall notify the Franchise Authority in advance of any maintenance or improvement activity which Grantee claims will make attainment of the standards impracticable. Sec. 5.21.070. NOTICE AND OPPORTUNITY TO CURE. (A) In the event the Grantee violates one or more material terms, conditions or provisions of this -5- Ordinance, including but not limited to, Sections 5 and 6 hereof, the City shall give the Grantee written notice detailing the nature of the alleged noncompliance. For violations of Section 5.21.060, the Grantee shall have fifteen ( 15 ) business days to _cure the default, or _ if the default cannot be cured within fifteen ( 15 ) business days, to initiate reasonable steps to remedy the default and notify the City of the steps being taken and the projected date that they will be completed. If the Grantee disputes the assertion of noncompliance, it must notify the City in writing within five ( 5 ) business days of the original notice, stating that it disagrees with the assertion of noncompliance, giving with particularity the reasons for disagreement. (B) The Mayor or the Mayor's designee shall hear Grantee' s dispute at an executive hearing to be held in a timely manner. (C) Upon a determination by the Mayor or the Mayor' s designee that a violation exists, Grantee shall have ten ( 10) business days to cure the default or to take reasonable steps to remedy the default if it cannot be cured within ten ( 10) business days. (D) In the event that Grantee fails to respond to the notice described in Section 5.21.070(A) , or in the -6- event that the default is not remedied within the time required, the City may, without further notice and in addition to any other applicable remedies, implement and collect the daily fine pursuant to Section 5.21.080. Sec. 5.21.080. ENFORCEMENT. (A) For violation of a term of this Ordinance, subject to the provisions of Section 5. 21 .070 hereof, the Grantee shall pay two hundred fifty dollars ( 250) per day, or part thereof, for the first day that such violation continues from and after implementation of the daily fines, pursuant to Section 5.21.070(D) . The fine shall increase weekly by an additional $250 per day to a maximum of $1, 000 per day. Grantee shall pay the fine or penalty directly or by notifying the City to draw down the security deposit held by the City pursuant to the Cable Communication Ordinance. If the Grantee fails to pay the penalty or notify the City to draw down on the security deposit within seven (7) days of notification of the implementation of daily fines, the City may proceed immediately to draw down on the security deposit. (B) Nothing contained in this Ordinance shall preclude the exercise of any other right or remedy of the City available at law or equity. -7- Sec. 5.21.090. THREE-YEAR REVIEW AND MODIFICATION. (A) Every three (3) years after the adoption of this Ordinance, the City and Grantee shall undertake a survey within the Service Area of cable subscribers designed to measure cable subscriber satisfaction of the customer service practices of the Grantee. Such survey shall be at Grantee' s sole expense, in a form mutually acceptable to the City and Grantee. (B) In the event that the survey demonstrates that the customer service practices set forth in Section 5. 21.060(B) hereof are insufficient to meet the reasonable community needs in light of the anticipated costs thereof, then the percentage set forth in Section 5.21.060(B) relating to the attending of customer calls shall automatically be deemed to increase by an amount sufficient to meet such community needs. It shall be a rebuttable presumption that such percentage increase shall be three percent (3%) for each three (3 ) year review period. In no event will the percentage in Section 5.21.060(B) be greater than ninety-five percent (95%) . (C) Nothing in this Ordinance shall limit the City' s and the Grantee' s ability to reduce the percentage set forth in Section 5. 21.060(B) except that no -8- reduction may be allowed below the eighty-five percent (85%) initial standard. If, based upon the survey results, a decrease in such percentage is demonstrated to be sufficient to meet the community needs, upon a request of Grantee, the City - shall not unreasonably refuse -to reduce such percentage. Sec. 5.21.010. MISCELLANEOUS PROVISIONS. (A) Preemption. If any federal or state body or agency shall preempt and supersede or preclude the jurisdiction of the Franchise Authority, the jurisdiction of the Franchise Authority shall cease while such jurisdiction is preempted, superseded or precluded. (B) Severability. If any section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, superseded by other authority or unconstitutional by any court of common jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such portion shall be deemed a separate, distinct, and independent provision and such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which -9- will remain in full force and effect for the term of the Franchise or any renewal or renewals thereof. (C) Franchise Authority Rules. The Mayor may adopt, in addition to the provisions herein contained in this and other applicable ordinances, such additional regulations as it may find necessary in the exercise of the police power. Any such additional regulations shall be reasonably designed to meet the purposes of this ordinance and shall be adopted only after notice and comment are provided. SECTION 2. This ordinance shall take effect immediately upon publication Passed by the City Council of Salt Lake City, Utah, this day of APR 1 .8 1989 1989. ATTES CH ON C T R E RDER t:y APPR fir!c; FINANCE DEPARTMENT FUNDS NOT NEcC)EU -10- Transmitted to the Mayor on APR 19 1999 Mayor' s Action: Approved Vetoed. �. �,4. 4, MAYOR ATTEST: Y/RFA76ADER BRB:pp ( SEAL) fib! of 19 .,E Pub-I.`lied' APR 2 7 7989