§ 26-27. Compliance with consumer protection standards.

(a)

Transition period. To provide franchisees a reasonable opportunity to make necessary changes to their operations, the consumer protection standards contained within this article will be enforced beginning 90 days after the effective date of this article.

(b)

General applicability. A franchisee shall comply with the consumer protection standards contained in this article during normal operating conditions. "Normal operating conditions" means those service conditions that are within the control of the franchisee. Those conditions that are not within the control of the franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak and seasonal demand periods, and maintenance or upgrade of the cable system. Each franchisee shall at all times satisfy any additional or stricter requirements established by applicable law including, without limitation, FCC customer service standards and consumer protection laws.

(c)

Application to open video systems. To the extent consistent with applicable law, the consumer protection standards contained in this article shall apply to open video systems. A franchisee providing cable service via an open video system, or a cable franchisee that enters into an agreement to comply with the consumer protection standards applicable to cable systems may be certified by the county as "consumer friendly" if the county determines that the franchisee is complying with the requirements contained herein. The county may revoke the certification for failure to comply with the standards, or if the county is unable to determine whether the franchisee is in compliance.

(d)

Maintenance generally. A franchisee shall maintain all parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities.

(e)

Customer issues received by the county and referred to a franchisee. A franchisee shall maintain designated representatives responsible for resolving customer issues received by the county from residents. Upon the county's request, a franchisee shall provide the county with current direct telephone numbers, direct facsimile numbers and email addresses of representatives and their supervisors designated to resolve customer issues received by the county for referral to the franchisee. A franchisee shall provide the county with current direct contact telephone numbers, facsimile numbers, and email addresses for the general manager or equivalent employee with responsibility for operations within the county and for management level personnel with responsibility for customer installation, repair, and billing. During normal business hours, such telephone numbers shall generally be answered by a live person capable of resolving customer issues referred by the county. A franchisee shall respond to customer issues referred by the county the next business day, and shall notify the county of the resolution or of its efforts to resolve the customer issue within five business days. The county may develop a form for use by a franchisee in responding to customer issues referred by the county to a franchisee. The county may fine a franchisee for violation of this section $100.00 for each violation with each day of continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)