AN ORDINANCE related to cable services; amending SMC 21.60 by amending the Customer service standards for cable Customers, known as the "Cable Customer Bill of Rights."

WHEREAS, pursuant to federal law, a franchising authority such as the City of Seattle has established and enforces Customer service requirements on a Cable Operator; and

WHEREAS, the City currently monitors Customer Complaints through its Office of Cable Communications; and

WHEREAS, the City has determined that amendments are in order to make the Cable Customer Bill of Rights more responsive to Seattle citizens; and

WHEREAS, technological changes have occurred which warrant updating consumer protection;

WHEREAS, the City has an interest in ensuring greater privacy for its citizens; Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. SMC 21.60.800 through SMC 21.60.830, known as the Cable Customer Bill of Rights, is hereby amended as follows:

21.60.800 POLICY

The cable operator Cable Operator shall be permitted option and autonomy to first resolve customer Customer inquiries and complaints without delay and interference from the City.

Where a given complaint Complaint is not addressed by the cable operator Cable Operator to the customer's Customer's satisfaction, the City may intervene. In addition, where a pattern of, or unremedied, noncompliance with the Standards is identified, the City may prescribe a cure and establish a thirty (30) day deadline for implementation of the cure. If the noncompliance is not cured within thirty (30) days, monetary sanctions of up to $500.00 will may be imposed to encourage compliance.

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

These Standards are supplementary to any customer Customer service requirements in any existing franchise agreements between a cable operator Cable Operator and the City. The provisions contained in the ordinance codified in this subchapter and in existing franchise agreements should be interpreted consistently wherever possible. Where the provisions of this subchapter and any existing franchise agreement are inconsistent, the provisions of the franchise agreement will control for purposes of assessing fines, penalties and compliance with the City's franchise; however, for purposes of the requirements for maintaining in-City service centers as specified in SMC 21.60.820B, the privacy provisions of SMC 21.60.830F, and for assessing credits, refunds, or other specific remedies under Schedule A hereto, the provisions of this subchapter control of this subchapter, shall control over any inconsistent franchise provisions .

21.60.810 DEFINITIONS

When used in these customer service standards (the "standards") Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below.

"Cable Operator" means any person providing cable services pursuant to a franchise agreement within any area of the City of Seattle, and such person's employees, agents, contractors, or subcontractors shall have the meaning set forth in Section 602(5) of the federal Communications Act., 47 U.S.C. section522(5).

"Cable Services" shall mean (a) the one-way transmission to Customers of video programming, or other programming service, and (b) Customer interaction, if any, which is required for the selection and use of such video programming or other programming service.

"Cable System" shall have the meaning set forth in Section 602(7) of the federal Communications Act, 47 U.S.C. section 522(7).

"City" means the City of Seattle, Washington.

"Complaint" shall mean any issue raised by a Customer that is a violation of the Cable Customer Bill of Rights.

"Customer" means any person who lawfully receives Cable Services of any sort or Other Services from the cable operator Cable Operator.

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

"Other Service" means any wire or radio communications service, including, but not limited to, any interactive television or Internet Service, provided through the use of any of the facilities of a Cable Operator that are used in the provision of a Cable Service.

"Non-standard installation Non-Standard Installation" means any installation of cable services that requires the installation of facilities from a point more than one hundred twenty-five (125) feet from the customer's Customer's property line to: (1) for a prewired dwelling unit, the federal demarcation point; or (2) for an unwired dwelling unit, a point not less than twelve (12) inches from the exterior wall of the dwelling unit; or (3) any underground installation in an area where plant facilities are not underground; or (4) any installation calling for multiple outlets in a dwelling unit; or (5) a commercial installation.

"Normal business hours Business Hours" means the hours of eight 8:00 a.m. to seven 7:00 p.m., Monday through Friday, and nine 9:00 a.m. to five 5:00 p.m., Saturday, excluding legal holidays.

"Normal operating conditions Operating Conditions" means service conditions within the control of the Cc able Ooperator. Those conditions that are not within the control of the cable operator Cable Operator 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 cable operator Cable Operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system Cable System .

"Standard iInstallation" means (1)for an unwired dwelling unit, an installation of cable service to the customer's Customer's dwelling unit located up to one hundred twenty-five (125) feet from the existing distribution system, plus additional inside wire and at least one (1) outlet sufficient to receive cable services; and (2) for a prewired dwelling, the installation of cable service to the federal demarcation point located on the subscriber's Customer's property up to one hundred twenty-five (125) feet from the customer's Customer's property line, sufficient to receive cable services and where the prewired equipment will allow the Cable System to meet all Federal Communications Commission (FCC) technical requirements.

21.60.820 Customer service.

A. Courtesy.

All employees of the cable operator Cable Operator shall be courteous, knowledgeable and helpful and shall provide effective, timely and satisfactory service in all contacts with customers Customers.

B. Accessibility.

The cable operator Cable Operator shall provide at least one (1) service center for each seventy-five thousand (75,000) customers Customers served, located at a safe, visible site within its service area the City of Seattle , that is handicapped accessible, and located along mass transit routes. Except as otherwise approved by the City, all service centers shall be open Monday through Friday, eight ( 8:00) a.m. to seven (7:00) p.m., and Saturdays from nine (9:00) a.m. to five (5:00) p.m., excluding legal holidays, and shall be fully staffed on-site with CSRs offering the following services to customers Customers who come to the service center: bill payment (including the ability to provide change and Customer receipts), equipment exchange, processing of change of service requests, and response to customer Customer inquiries and requests. The City may approve alternatives for service centers that provide substantially equivalent services. offering lesser services, or that are within ten (10) miles of its service area, at any site to which the public has general access. The cable operator Cable Operator shall post a sign at each service center advising customers Customers of its hours of operation and of the addresses and telephone numbers at which to contact the City and the cable operator Cable Operator if the service center is not open at the times posted other than Normal Business Hours. The cable operator Cable Operator shall provide free exchanges of faulty converters at the customer's Customer's address.

CSRs will be available to respond to customer Customer inquiries during normal business hours Normal Business Hours. The cable operator Cable Operator shall maintain local or toll free telephone access lines that shall be available during normal business hours Normal Business Hours for service/repair requests and billing inquiries.

The cable operator Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, including legal holidays, for emergency purposes.

The cable operator 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 CSR within thirty (30) seconds or less, and that any transfers are made within thirty (30) seconds. The Customer shall be able to speak with a Customer Service Representative within five (5) minutes. These standards shall be met no less than ninety (90) percent of the time, measured monthly on a quarterly basis under normal operating conditions Normal Operating Conditions. Compliance with this standard shall be reported on a quarterly basis.

The total number of calls receiving busy signals shall not exceed three (3) percent of the total telephone calls. This standard shall be met ninety (90) percent or more of the time, measured monthly on a quarterly basis under normal operating conditions Normal Operating Conditions.

The Cable Operator shall also retain sufficient Customer Service Representatives and telephone line capacity to ensure that a Customer shall make contact with a human being within five (5) minutes.

C. Responsiveness.

1. Guaranteed Seven-day Standard Installation and Service. The cable operator Cable Operator shall complete all standard installations Standard Installations and Service Repairs requested by customers Customers within seven (7) business days after an order has been placed, unless otherwise requested by the customer Customer. This standard must be met ninety-five percent (95%) of the time under Normal Operating Conditions measured on a quarterly basis. If the customer Customer requests a non-standard installation Non-Standard Installation, or the cable operator Cable Operator determines that a nonstandard installation Non-Standard Installation is required, the cable operator Cable Operator shall provide the customer Customer in advance with a total installation cost estimate and an estimated date of completion.

All underground cable drops from the curb to the home shall be buried at a depth of no less than twelve (12) inches, and within no more than one (1) three (3) calendar weeks from the initial installation, or at a time mutually agreed upon between the cable operator Cable Operator and the customer Customer.

2. Residential Installation and Service Appointments. Customers requesting installation of cable service or repair service to an existing installation may choose any available four (4) hour block of time for the installation appointment during normal business hours Normal Business Hours. The cable operator Cable Operator may schedule service calls and other installation activities outside normal business hours at the request of and for the convenience of the customer shall provide Customers the option of service or installation appointments weekday evenings until 7:00 p.m. and a minimum of four hours on Saturdays at the request of and for the convenience of the Customer. The cable operator Cable Operator may not cancel an appointment with a customer Customer after five (5:00) 5:00 p.m. on the day before the scheduled appointment.

The cable operator Cable Operator shall contact new Customers by telephone, mail, e-mail and maintain records of a reasonable sample of its customers within two (2) weeks after installation to assure overall customer satisfaction with the work completed or in person within two weeks after installation or provide a self-addressed stamped response postcard to all Customers in its installation materials to assure overall Customer satisfaction with the work completed. The Cable Operator shall maintain records of a reasonable sample of Customer responses .

The cable operator 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 If the customer Customer is absent when the technician arrives, the technician leaves a written notification of arrival and return time, and a copy of that notification is kept by the cable operator shall verify the appointment with his/her dispatcher by telephone while at the Customer's door and leave written notification of timely arrival. A copy of that notification shall be kept by the Cable Operator. In such circumstances, the cable operator Cable Operator shall contact the customer Customer within forty-eight (48) hours. In the event that a technician arrives without a prior appointment, and the Customer must be present for service to proceed, and the Customer is absent, it shall not be deemed that the Cable Operator has responded to a request for service.

If a cable operator Cable Operator representative fails to keep an installation or service appointment for any reason, the cable operator Cable Operator will contact the customer Customer before the end of the scheduled appointment, and reschedule the appointment at a time convenient for the customer Customer.

3. Residential Service Interruptions. Outages. In the event of system outages (loss of reception on all channels of sound or video or interactive television, or failure of Internet or e-mail connections) resulting from cable operator Cable Operator equipment failure affecting five (5) or more customers Customers, the cable operator Cable Operator shall correct such failure initiate repairs within two (2) hours after the third customer Customer call is received. All Customers who call the Cable Operator to report an outage shall receive credit for the entire day on which the outage occurred and for each additional day the outage continues. The Cable Operator shall notify the City of any outage of at least four (4) continuous hours that affects at least ten percent (10%) of its Customers.

The cable operator Cable Operator shall correct initiate repairs to all other service interruptions resulting from cable operator Cable Operator equipment failure within twenty-four (24) hours.

A Cable Operator shall initiate repairs to Customer reported All service outages and service interruptions, for any cause beyond the control of the cable operator Cable Operator, shall be corrected within twenty-four (24) hours after the conditions beyond its control have been corrected.

4. TV Reception and Cable Modem Internet Connection. The cable operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (FCC). The signal quality provided by the Cable Operator shall meet or exceed technical standards established by the United States Federal Communications Commission (FCC). Cable modem Internet connections shall meet performance specifications advertised by the Cable Operator. The cable operator Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that the cable operator Cable Operator anticipates will last more than four (4) hours shall be preceded by at least twenty-four (24) hour's notice to affected Customers, and shall occur during periods of minimum use of the system, preferably between midnight and six (6:00) 6:00 a.m. Such notification of a planned outage may take the form of a door hanger, a message or insert into the monthly bill, a telephone call, or supplemented with on-screen messages announcing the planned outage. Cable modem Internet Customers may receive notification by e-mail.

If a customer Customer experiences poor video or audio reception signal quality or interruptions of Cable or Other Service attributable to the cable operator's Cable Operator's equipment, the cable operator Cable Operator shall respond and repair the problem no later than the day following the customer Customer call provided that the Customer is available and the repair can be made within the allotted time. If an appointment is necessary, the customer Customer may choose a four (4) hour block of time during normal operating hours Normal Business Hours . At the customer's Customer's request, the cable operator Cable Operator shall repair the problem at a later time convenient to the customer Customer. The Cable Operator shall provide Customers the option of service or installation appointments weekday evenings until 7:00 p.m. and a minimum of four (4) hours on Saturdays.

5. Problem Resolution. The A cable operator's Cable Operator's CSRs shall have the authority to provide credit for interrupted service or any of the other credits listed in Schedule A, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall make best efforts to contact the customer Customer within four (4) hours and resolve the problem within forty-eight (48) hours or within such other time frame as is acceptable to the customer Customer and the cable operator Cable Operator.

6. Billings, Credits, Refunds, and Deposits. Cable operator Customers will receive a clear and concise bill every month. To be considered clear and concise, due dates shall be required, and a bill shall be issued. The cable operator Cable Operator shall respond to a customer's Customer's billing inquiry, general question, or comment made by telephone or e-mail within forty-eight (48) hours and to a written billing inquiry within two (2) weeks after receiving it. The Cable Operator shall respond in writing to a written billing inquiry, general question or comment within two weeks of the date of receipt of the letter. The Cable Operator shall provide the option of a mailed bill and payment to Customers upon request.

The cable operator Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable billing cycle for payment of a customer's Customer's service bill for that period. If a customer's Customer's service bill is not paid within that period of time the cable operator Cable Operator may apply an administrative fee to the customer's Customer's account. If the customer's Customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the cable operator Cable Operator may perform a "soft" disconnect of the customer's Customer's service. If a customer's Customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the cable operator Cable Operator may disconnect the customer's Customer's service; provided, it has provided ten (10) days notice to the customer Customer that such disconnection may result.

If a customer Customer requests disconnection of any or all services, billing for affected services shall end on the same day, or on the future date for which the disconnect is ordered. The customer Customer shall not be responsible for cable services Cable Services delivered after the request. The cable operator Cable Operator must refund any credit balance owed the customer Customer, less any owed or disputed amounts, within fifteen (15) business days after the close of the customer's Customer's billing cycle following the return of the equipment and request for disconnection. The cable operator Cable Operator shall issue a credit or refund to a customer Customer within fifteen (15) business days after the close of the billing cycle following the return of the equipment and request for disconnection.

Deposits shall accrue interest at a fair market rate. Within ten (10) days after termination of service, the cable operator Cable Operator shall repay any deposit with a statement showing accrued interest to the customer Customer, less any sums owed to the cable operator Cable Operator.

7. Treatment of Property Owner's Property. Trees and shrubs or other landscaping on a customer's Customer's property that are damaged by the cable operator Cable Operator , or any employee or agent during installation or construction for the Customer or in the process of serving adjacent structures, 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.

The cable operator Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the City, restore any property to as good condition as before the work causing such disturbance was initiated. The cable operator Cable Operator shall repair, replace or compensate a all property owners for any damages resulting from the cable operator's Cable Operator's installation, construction, service or repair activities for a Customer.

Except in the case of an emergency involving public safety or service interruption to a large number of subscribers Customers, the cable operator 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 cable operator Cable Operator activity, the cable operator Cable Operator shall reimburse the property owner one hundred (100) percent (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 or door hanger notice at least one (1) week in advance. In the case of an emergency, the cable operator 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.

The cable operator Cable Operator shall clean all areas surrounding any work site of debris caused by the Cable Operator's activities and ensure that all cable materials have been are disposed of properly.

D. Services for Customers with Disabilities. For any customer Customer with a disability, the cable operator Cable Operator shall at no charge deliver and pick up converters at customer's the Customer's 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. In the case of malfunctioning equipment, the technician shall provide and install substitute equipment, ensure that it is working properly, and return the defective equipment to the Cable Operator.

The cable operator Cable Operator shall provide TDD/TYY service with trained operators who can provide every type of assistance rendered by the cable operator's Cable Operator's CSR for any hearing-impaired customer Customer at no charge.

The cable operator Cable Operator shall provide free use of a converter remote control unit to mobility-impaired customers Customers.

Any customer Customer with a disability may request the special services described above by providing the cable operator Cable Operator with a letter from the customer's Customer's physician stating the need, or by making the request to the cable operator's Cable Operator's installer or service technician, where the need for the special services can be visually confirmed.

E. Customer Information. Upon (1) installation; , and at any time the customer may request, the cable operator shall provide the following information, in clear, concise written form ; (2) annually; and (3) at any time the Customer requests, the Cable Operator shall provide the following information, in clear, concise written form:

Products and services offered by the cable operator Cable Operator, including its channel lineup. Thirty (30) days prior to the Cable Operator changing its channel lineup, the Cable Operator shall provide subscribers with the revised channel lineup ;

The cable operator's Cable Operator's prices and options for programming services, conditions of subscription to programming and other services Other Services, and policies concerning changes in services offered, notification of changes, disconnection and service downgrades. Thirty (30) days prior to the Cable Operator changing any of the above, the Cable Operator shall provide subscribers with the changes;

These sStandards, with Schedule A, and any other applicable customer Customer service standards. A written copy of these Standards or a summary approved by the City shall be provided to Customers at installation and annually; an online version shall be considered acceptable annual dissemination of the standards to cable modem Internet Customers;

Installation and service maintenance policies, including the customer's Customer's responsibilities for equipment;

Instruction on the use of cable TV services, remote control and on standard VCR hookups;

Instruction on the use of interactive television if provided by the cable operator;

Instruction on the use of cable modem service;

Channel positions of programming;

Billing and cComplaint procedures, including the address and telephone number of the cable operator's Cable Operator's offices, the cable operator's Cable Operator's policies on deposits and credit balances, returned check charges, refunds for disruption of service or poor reception, and telephone numbers and descriptions of services of the FCC and the City's Office of Cable Communications;

Policies concerning protection of customer Customer privacy. The Cable Operator shall include a postage paid selfaddressed mail back postcard for opt-out purposes;

Use and availability of parental control/lock out device;

Special services for customers Customers with disabilities including any other discounts required by the franchise;

Days, times hours of operation, and locations of the service centers;

A sample of all notices provided to the customer Customer shall be filed (by fax acceptable) concurrently with the City;

The cable operator Cable Operator shall provide customers Customers with written notification of any changes in programming, services or channel positions as soon as possible in writing and, when it becomes technologically feasible, through announcements on the cable system Cable System . Customers shall be given a description of the changes, their options (including costs) for changing services they receive, phone number for questions and effective date. Notice must be given to customers Customers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator Cable Operator. In addition, the cable operator Cable Operator shall notify customers Customers thirty (30) days in advance of any significant changes in the other information required by the preceding subsection. Channel lineup changes that result from a cable operator's Cable Operator's rebuild of its Cable System are exempt from the thirty (30) day notice requirement;

All officers, agents, and employees of the cable operator Cable Operator, its contractors and subcontractors who are in personal contact with cable customers Customers shall have visible identification cards bearing their name and photograph as approved by the City. The cable operator Cable Operator shall account for all identification cards at all times. Every vehicle of the cable operator Cable Operator used for providing services to Customers shall be clearly visually identified to the public as working for the cable operator Cable Operator. All CSRs shall identify themselves orally to callers immediately following the greeting during each telephone contact with the public. Officers, agents, and employees of the Cable Operator, its contractors and subcontractors shall identify themselves to the Customer when making a service call or installation;

All CSRs, technicians and employees of the cable operator Cable Operator in every contact with a customer 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 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;

All promotional materials advertising cable services shall accurately disclose price terms. For non-automated orders, the CSRs shall make clear the price of pay-per-view and pay-per-event programming before an order is taken. The cable operator Cable Operator shall distribute promotional material in multiunit buildings only with the approval of the building owner. The cable operator Cable Operator shall not condition the provision of cable services Cable Services on the receipt of such approval;

The cable operator Cable Operator shall not charge customers Customers for any services they have not affirmatively requested; provided that, this subsection shall not prevent a cable operator Cable Operator from adding programming to an existing tier.

F. Cable Customer Privacy. 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, and by federal law. 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. In addition to complying with the requirements in this Subsection, a Cable Operator shall fully comply with all obligations under 47 U.S.C. section 551.

1. Definitions

"Affiliate," for purposes of this Subsection F, shall mean any person or entity that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable Service or Other Service.

"Necessary," for purposes of this Subsection F, shall mean required or indispensable.

"Non-cable-related purpose," for purposes of this Subsection F, means any purpose that is not Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator to a Customer. Market research, telemarketing, and other marketing of services or products shall be considered Non-cable-related purposes.

"Personally Identifiable Information," for purposes of this Subsection F, means specific information about a Customer, including, but not be limited to, a Customer's (a) login information, (b) extent of viewing of video programming or Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses, (f) medical information, (g) banking data or information, (h) web browsing activities, or (i) any other personal or private information. "Personally Identifiable Information" shall not mean aggregate information about Customers which does not identify particular persons.

2. Collection and Use of Personally Identifiable Information

(a) A Cable Operator shall not use the Cable System to collect, record, monitor or observe Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer unless, and only to the extent that, such information is: (a) used to detect unauthorized reception of cable communications, or (b) Necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer.

(b) A Cable Operator shall take such actions as are necessary to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable Information on the computer or other equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. This Subsection F.2 (b) shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this Subsection F.

(c) A Cable Operator shall take such actions as are reasonably necessary to prevent a person or entity (other than Affiliates) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable Information on the computer or other equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service.

3. Disclosure of Personally Identifiable Information

A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, except as follows:

(a) A Cable Operator may disclose for a Non-cable-related purpose the name and address of a Customer to any general programming tiers of service and other categories of Cable and Other Services provided by the Cable Operator if the Cable Operator has provided the Customer the opportunity to prohibit or limit such disclosure in accordance with this Subsection F and Section 631 of the federal Communications Act, 47 U.S.C. section 551, and such disclosure does not directly or indirectly disclose:

1. A Customer's extent of viewing of a Cable Service or Other Service provided by the Cable Operator;

2. The extent of any other use by a Customer of a Cable Service or Other Service provided by the Cable Operator, including, but not limited to a disclosure of the particular viewing selections by a person subscribing to a Cable Service or Other Service, or the particular web sites visited by a Customer to cable modem service (i.e., a Cable Operator may only disclose the fact that a person subscribes to cable modem service); or

3. The nature of any transactions made by a Customer over the Cable System of the Cable Operator.

4. The nature of programming or sites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming).

A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer as provided in this subsection F.3(a), the Cable Operator shall notify in writing the Office of Cable Communications and each Customer (that the Cable Operator intends to disclose information about) of the specific information that will be disclosed, to whom it will be disclosed, and notice of the Customer's right to prohibit the disclosure of such information for Non-cable related purposes. The notice to Customers may be included with or made a part of the Customer's monthly bill for Cable Service or Other Service or may be made by separate mailed notice. Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the disclosure of information in the future. Such opportunity shall be given in one of the following forms: a postage paid, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill for Cable Services or Other Services; a toll-free number that the Customer may call; or such other equivalent methods as may be approved by the Office of Cable Communications.

Additionally, within forty-five (45) days after each disclosure of Personally Identifiable Information of any Customer as provided in this subsection F.3(a), the Cable Operator shall notify in writing the Office of Cable Communications and each Customer (that the Cable Operator has disclosed information about) of the specific information that has been disclosed, to whom it has been disclosed, and notice of the Customer's right to prohibit the disclosure of such information for Non-cable related purposes. The notice to Customers may be included with or made a part of the Customer's monthly bill for Cable Service or Other Service or may be made by separate mailed notice. Each time that this notice is given to a Customer, the Cable Operator also shall provide the Customer with an opportunity to prohibit the disclosure of information in the future. Such opportunity shall be given in one of the following forms: a postage paid, self-addressed post card provided by the Cable Operator; a box that may be checked by the Customer on the Customer's monthly bill for Cable Services or Other Services; a toll-free number that the Customer may call; or such other equivalent methods as may be approved by the Office of Cable Communications.

(b) A Cable Operator may disclose Personally Identifiable Information only to the extent that it is Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator to the Customer.

(c) To the extent required by federal law, a Cable Operator may disclose Personally Identifiable Information pursuant to a subpoena or valid court order authorizing such disclosure, or to a governmental entity.

4. Access to Information

Any Personally Identifiable Information gathered and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receiving a request by a Customer to examine such information at the local offices of the Cable Operator or other convenient place within the City designated by the Cable Operator. Upon a reasonable showing by the Customer that the information is inaccurate, a Cable Operator shall correct such information.

5. Privacy Notice to Customers

(a) A Cable Operator shall annually mail a separate, written privacy statement to Customers consistent with 47 U.S.C. section 551(a)(1), and shall provide a Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service or Other Service. The written notice shall be in a clear and conspicuous format and be printed in ten point type or larger.

(b) In the statement required by Subsection F.5(a), a Cable Operator shall state substantially the following regarding the disclosure of Customer information: "Unless a Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable information, any disclosure of personally identifiable information for purposes other than to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service, is limited to:

(i) disclosure pursuant to a subpoena or valid court order authorizing such disclosure, or to a governmental entity, but only to the extent required by applicable federal law.

(ii) disclosure of the name and address of a Customer to any general programming tiers of service and other categories of cable and Other Services provided by the Cable Operator that do not directly or indirectly disclose:

(A) A Customer's extent of viewing of a Cable Service or Other Service provided by the Cable Operator,

(B) The extent of any other use by a Customer of a Cable Service or Other Service provided by the Cable Operator, including, but not limited to, a disclosure of the particular viewing selections by a person subscribing to a Cable Service or Other Service, or the particular web sites visited by a Customer of cable modem service (i.e., a Cable Operator may only disclose the fact that a person subscribes to cable modem service); or

(C) The nature of any transactions made by a Customer over the Cable System.

(D) The nature of programming or sites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming)."

The notice shall also inform the Customers of their right to prohibit the disclosure of their names and addresses in accordance with Subsection (b) for Non-cable related purposes. This opportunity will be presented in the form of both a toll-free telephone number and a postage paid, self-addressed post card, provided by the Cable Operator with the privacy notice or other manner acceptable to the Office of Cable Communications. If a Customer exercises his/her right to prohibit the disclosure of name and address as provided in Subsection F.3(a) or this Subsection, such prohibition against disclosure shall remain in effect permanently, unless the Customer subsequently notifies the Cable Operator in writing that s/he wishes to permit the Cable Operator to disclose his/her name and address.

6. Privacy Reporting Requirements

The Cable Operator shall include in its quarterly report to the City required by SMC 21.60.830D information summarizing:

(a)

1. the type of Personally Identifiable Information that was actually collected or disclosed during the reporting period;

2. for each type of Personally Identifiable Information collected or disclosed, a statement sufficient to demonstrate that the Personally Identifiable Information collected or disclosed was: (A) collected or disclosed only to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator; (B) used only to the extent Necessary to detect unauthorized reception of cable communications; (C) disclosed pursuant to a subpoena or valid court order or to a governmental entity to the extent required by federal law ; (D) names and addresses disclosed in compliance with Section 3 (a) of this Ordinance; or (E) a disclosure of personally identifiable information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in writing or electronically.

3. the names of all entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such disclosure was made if such disclosure would be inconsistent with applicable federal law;

(b) Describe measures that have been taken, or could be taken, to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator, including, among other things, a description of the technology that is or could be applied by the Cable Operator to prohibit unauthorized access to Personally Identifiable Information by any means.

7. Nothing in this Subsection F shall be construed to prevent the City from obtaining Personally Identifiable Information to the extent not prohibited by section 631 of the Communications Act, 47 U.S.C. section 551.

8. Any aggrieved person may commence a civil action for damages for invasion of privacy against any Cable Operator.

9. Destruction of Personally Identifiable Information

A Cable Operator shall destroy, within ninety (90) days, any Personally Identifiable Information if the Personally Identifiable Information is no longer Necessary for the purpose for which it was collected and there are no pending requests or orders for access to such Personally Identifiable Information under Subsection 3 of this Subsection, pursuant to a court order, or pursuant to Section 631 of the Communications Act, 47 U.S.C. section 551.

10. Rulemaking.

The Office of Cable Communications shall adopt such rules as it deems necessary or advisable to implement these privacy provisions of the Customer Cable Bill of Rights.

G. Safety. The cable operator Cable Operator shall install and locate is 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 Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the cable operator Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.

H. Satisfaction Guaranteed. The cable operator Cable Operator shall guarantee customer Customer satisfaction for every customer Customer who requests new installation of Cable Service, video, interactive television or Cable modem Internet or adds any additional programming service to the customer's Customer's cable subscription. Any such customer Customer who adds basic or expanded basic or other higher tier of video service, interactive television, or cable modem service to his or her account, and then requests disconnection discontinuation of such upgraded service within thirty (30) days due to dissatisfaction with the service, shall receive a credit to his/her account in an amount equal to the pro rata charge for the remaining days of service following the request to disconnect. If a Customer subscribes to a service under a promotion that provides free service and chooses to disconnect during the promotion window, there shall be no charge of any kind for the service or for disconnection of the service. shall receive a credit to his/her account in the amount of one (1) month's subscription charge for the service that has been disconnected

21.60.830 COMPLAINT PROCEDURE

A. Complaints to the Cable Operator. The cable operator Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints Customer Complaints, and crediting customer Customer accounts in accordance with company policies or Schedule A, "Credits to Customers", which schedule is incorporated herein, whichever is greater, and shall publicize such procedures through printed documents at the cable operator's Cable Operator's sole expense. For violations of this Ordinance, credits shall be made to the Customer's account. In the event that the Customer no longer receives Cable Service or Other Services from the Cable Operator, the Cable Operator shall issue a check to the Customer within thirty (30) days of the resolution of the Complaint.

Said written procedures shall prescribe a simple manner process in by which any customer Customer may submit a complaint Complaint in person or by telephone, electronic mail or in writing to the cable operator Cable Operator that it has violated any regarding an alleged violation of any provision of these customer service standards Customer Service Standards, any terms or conditions of the customer's Customer's contract with the cable operator Cable Operator, or reasonable business practices.

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. The Cable Operator will make best efforts to resolve Customer concerns or Complaints at the first contact. The City will make best efforts to redirect to the Cable Operator all Cable Customers who have contacted the City first with a Cable or Other Service inquiry, concern, or Complaint. Within fifteen (15) calendar days after receiving a Complaint, the Cable Operator shall notify the Customer of the results of its investigation and its proposed action or credit. If the Complaint is in writing, a written response shall be sent to the Customer within two (2) weeks of receipt.

The cable operator Cable Operator shall also notify the customer Customer of the customer's Customer's right to file a complaint Complaint with the City in the event the customer Customer is dissatisfied with the cable operator's Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint Complaint with the city ))City.

The cable operator's complaint Cable Operator's Complaint procedures shall be filed with and approved by the City prior to implementation.

B. Security Fund. Within thirty (30) days of the effective date of these sStandards or the effective date of any franchise granted by the City, whichever occurs first, the cable operator Cable Operator shall deposit with an escrow agent approved by the City a security deposit of fifty cents(($.50) per customer Customer. The escrowed funds shall constitute the security funds for ensuring compliance with these standards for the benefit of the City and Customers. The escrowed funds shall be reviewed and maintained annually by the cable operator Cable Operator at the level of fifty cents ($.50) per customer Customer per year, and will be replenished within fourteen (14) days in the event that amounts greater than ten percent (10%) of the required fund are withdrawn.

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 Cable Operator of all its obligations under these customer service standards Customer Service Standards.

The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, 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 City may otherwise have.

C. Complaints to the City. Any customer Customer who is dissatisfied with any proposed decision disposition of the a Complaint by a cable operator Cable Operator or who has not received a decision within the required fifteen (15) day period as required shall be entitled to have the complaint Complaint reviewed by the City.

The customer Customer may initiate the review either by calling the City or by filing a written complaint Complaint, by letter or in electronic form, together with the cable operator's Cable Operator's written decision, if any, with the City.

The customer Customer shall make such filing and notification within twenty (20) days of receipt of the cable operator's Cable Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original complaint Complaint with the cable operator Cable Operator.

If the City decides that further evidence is warranted, the City may require the cable operator Cable Operator and the customer Customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions.

The cable operator Cable Operator and the customer Customer shall produce any additional evidence, including any reports from the cable operator Cable Operator, which the City may deem necessary to an understanding and determination of the complaint Complaint.

The City shall issue a determination within fifteen (15) days after examining the materials submitted, setting forth the basis for its determination.

The City may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution.

If the City determines that the customer's complaint Customer's Complaint is valid and that the cable operator Cable Operator did not provide the complaining customer Customer with the proper solution and/or credit, the City may reverse any decision of the cable operator Cable Operator in the matter and/or require the cable operator Cable Operator to grant a specific solution as determined by the City in its sole discretion, and/or any credit provided for in these standards; or the City may provide the customer Customer with the amount of the credit (as set forth in Schedule A) by means of a withdrawal from the security fund.

D. Verification of Compliance. The cable operator Cable Operator shall maintain, in a manner consistent with the privacy rights of customers Customers, an accurate and comprehensive file of (1) any and all complaints Complaints regarding the Cable System or the cable operator's Cable Operator's operation of the Cable System, by number and type and their disposition; (2) service requests, identifying the number and nature of the requests and their disposition; (3) service interruptions and their disposition; and ))(4) required cable operator Cable Operator contacts with customers Customers after installation, and (5) Customer privacy information as per SMC 21.60.820 (F) (6).

The cable operator shall provide the City an executive summary each quarter, which summarizes the above information. ))Reports detailing compliance with the standards herein shall be provided by the Cable Company on a quarterly basis, within 30 days of the end of the quarter and shall be in a format consistent with the output capabilities of a Cable Operator's call tracking technology sufficient for the City to monitor the Cable Customer Bill of Rights. If the Cable Operator fails to provide such reports on a timely basis, or if they are incomplete, monetary sanctions of up to $500.00 for the first quarter, up to $1000.00 for the second consecutive quarter of noncompliance, up to $1500.00 for the third consecutive quarter of noncompliance, and up to $2,000.00 for all subsequent consecutive non-compliant quarters may be imposed to encourage compliance. The cable operator Cable Operator shall permit the City to review and audit the information at any time during normal business hours Normal Business Hours upon reasonable notice.

E. Overall Quality of Service. The City may evaluate the overall quality of customer Customer service provided by the cable operator Cable Operator to customers Customers, in conjunction with any performance review provided for in the franchise agreement; or at any other time, at its sole discretion, based on the number of customer complaints Customer Complaints received directly by the City or reported by the cable operator Cable Operator in its quarterly reports.

F. Noncompliance With Customer Service Standards Procedure for Remedying Violations. Noncompliance with any provision of these standards is a violation of these standards. If the City 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 City may require in writing that the Cable Operator remedy the alleged noncompliance and provide an opportunity to cure. If the alleged noncompliance is denied or not cured to the satisfaction of the City, the City may impose monetary sanctions or follow other procedures set forth in individual franchise agreements.

G. Procedure for Remedying Violations. If the City has reason to believe that the cable operator has failed to perform in a timely manner, the city 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 City, the City may opt to follow the procedures set forth in individual franchise agreements.

HG. Notice. At the City's request, the cable operator Cable Operator shall include on its billing statement, in a clear and conspicuous manner, information on how to contact the City's Office of Cable Communications. At the City's discretion, such information may include, but shall not be limited to, the address, telephone number and e-mail address of the Office of Cable Communications.

At least annually, the cable operator Cable Operator shall notify its customers Customers through a bill insert of the existence, location and function of the City's Office of Cable Communications, and shall provide a summary of Cable Customer Bill of Rights the ordinance codified in this subchapter and the remedies and procedures available to its customers Customers. Cable modem Internet Customers may receive such notification via e-mail if the Customer does not receive a written bill.

Schedule A Credits to Customers

Standards of Minimum Compensation Customer Service For Noncompliance

COURTESY

All cable operator Cable Five Dollars ($5) credit to Operator employees shall be friendly, customer account $5.00 knowledgeable and helpful in their credit and provide timely services.

RESPONSIVENESS

Guaranteed Seven (7) Day Residential Installation and Service

Cable operator Cable Free installation, or one (1) Operators shall complete standard month's basic service, if the fee installations Standard has been waived for promotional Installations and service requested by reasons; for a service a customer Customer violation, $10 credit within seven (7) business days after order has been placed.

Cable operator Cable Free installation, or one (1) Operator shall provide customers month's basic service, if the fee Customers seeking has been waived for promotional non-standard installations reasons Non-Standard Installations with a total installation cost estimate and an estimated date of completion.

All underground cable drops shall be Five Dollars ($5) credit to buried no less than twelve (12) inches customer account $5.00 deep and work shall be completed in no credit more than three (3) working days calendar weeks from the installation.

Residential Installation and ServiceAppointments

All cable operator Cable Ten Dollars($10) credit to Operator customers customer account $10.00 Customers wanting installation of credit cable or service may choose any availablefour (4) hour time block during normal business hours Normal Business Hours.

The cable operator Cable Ten Dollars ($10) credit to Operator may not cancel an appointment customer account.$10.00 with a customer Customer credit or the guarantee offered after five 5:00 p.m. by the cable operator ) })) p.m. on the day before the Cable Operator, whichever scheduled appointment. is greater

If a cable operator Cable Ten Dollars ($10) credit to Operator cannot make an appointment customer account, $10.00 for any reason, the cable operator credit, in addition to Cable Operator shall contact any or the the customer Customer guarantees offered by before the end of the scheduled the cable operator appointment and reschedule at the Cable Operator, whichever is convenience of the customer greater Customer.

If a cable operator Cable Five Dollars ($5) credit to Operator technician arrives within the customer account. $5.00 agreed upon time, and the customer credit if the customer is not Customer is absent, the contacted within forty-eight (48) technician shall leave written hours notification of arrival and return time, and the cable operator Cable Operator shall contact the customer Customer within forty-eight (48) hours to reschedule.

Residential Service Interruptions Outages and Service Interruptions

System outages resulting from cable One (1) day's free service for operator Cable Operator each twenty-four (24) hour equipment failure affecting five (5) or delay for affected customers more customers Customers, day in which there is an the Cable Operator shall be outage for each Customer who corrected initiate repairs reports an outage within two (2) hours after the third customer Customer call is received.

Repairs shall be initiated for all One (1) day's free service for All other interruptions each twenty-four hour delay resulting from cable operator for affected customers Cable Operator equipment failure day in which there is an outage shall be corrected within for each Customer who reports an twenty-four (24) hours. outage

Initiate repairs for allAll One (1) day's free service for service outages or interruptions each twenty-four hour delay beyond the control of cable for affected customers operators Cable Operators day in which there is an outage shall be corrected within for each Customer who twenty-four (24) hours after the reports an outage cable operator Cable Operator regains control.

TV Reception Difficulties and Cable Modem Internet Connection

All cable operator Cable One (1) day's free service for Operators shall make repairs promptly, each twenty-four hour delay and interrupt service only for good for affected customers cause, during periods of minimum use of day in which there is an outage the system, and for no more than for each Customer who reports an twenty-four (24) hours, except where outage unavoidable.

All cable operator Cable One (1) day's free service for Operators shall provide clear each day in which television reception that meets or twenty-four (24) hour period exceeds FCC technical standards. that reception falls below FCC standards for affected customers Customers who report reception that does not meet FCC standards

All Cable Operators shall meet all One (1) day's free service for specifications advertised for Internet each day in which any advertised services. specification is not met for affected Customers

If a customer Customer One (1) day's free service for experiences poor video or audio reception each twenty-four hour delay due to cable operator Cable for affected customers Operator equipment, the cable day after the Customer has called operator Cable Operator shall and the problem remains repair the problem no later than the next uncorrected day, unless otherwise agreed to with the customer Customer.

Problem Resolution

All cable operator Cable Five Dollars ($5) credit to Operators customer service customer account. $5.00 representatives Customer Service credit Representatives shall be able to provide credit, waive fees, schedule appointments and change billing cycles. Any difficulties that cannot be resolved by the Customer service representatives shall be referred to a supervisor who shall make best efforts tocontact the Customer within twenty-four (24) hours.

In the case of difficulties that cannot Five Dollars ($5) credit to be resolved, the supervisor shall customer account. $5.00 make best efforts to contact the credit customer Customer within four (4) hours and resolve the problem within forty-eight (48) hours or within such other time frame as is acceptable to the customer Customer and the cable operator Cable Operator.

Billing, Credits and Refunds

Cable operator customers )) Five Dollars ($5) credit to Customers shall receive a clear and customer account. $5.00 concise bill monthly. The cable credit operator Cable Operator shall respond to a customer's Customer's billing inquiry made by telephone or e-mail within forty-eight (48) hours, and to a written billing inquiry within two (2) weeks after receiving it of receipt of the inquiry.

All cable operator Cable Five Dollars ($5) credit to Operators shall allow thirty (30) days customer account. $5.00 from the beginning date of the applicable credit billing cycle before imposing an administrative fee. If the bill is not paid within forty-five (45) days from the beginning date of the applicable service period, the cable operator Cable Operator may perform a "soft" disconnect.

If a customer's Customer's Five Dollars ($5) credit to bill is not paid within fifty-two (52) customer account. $5.00 days of the beginning date of the credit applicable service period, the cable operator Cable Operator may disconnect the customer's Customer's service, but only upon showing that it has provided ten (10) day's notice to the customer Customer that such disconnect may result.

If a customer Customer Five dollar ($5) credit requests disconnection of any or all $5.00 credit to services, billing for affected services customer account or refund shall end on the same day, or on the if the customer's future date for which the disconnect is Customer's account has closed ordered. All cable operator Cable Operators shall issue a credit or refund within fifteen (15) business days after the close of the customer's Customer's billing cycle following the return of the equipment and request for disconnection.

Deposits shall accrue interest at a fair Five Dollars ($5) market rate. Within fifteen (15) $5.00 credit to customer business ten (10) days after account or refund if the termination of service for any reason, customer's the cable operator Cable Customer's account has closed Operator shall repay any deposit with a statement showing accrued interest to the customer Customer, less any sums owed to the cable operator Cable Operator.

Respectful Treatment of Customer's Property

Cable Ooperators shall Ten Dollars ($10) replace anytrees or shrubs damaged $10.00 credit plus any during anyinstallation or additional repairs or repairon the customer's reimbursement if the Cable property. Operator fails to replace or repair the damage

Cable oOperators shall Ten Dollars ($10) restore any damaged property to the same $10.00 credit plus any condition it was before damage occurred. additional repairs or reimbursement if the Cable Operator fails to replace or repair the damaged property

Cable oOperators will Ten Dollars ($10) give notice to property owners before $10.00 credit if the Cable entering premises, specifying the work to Operator fails to provide notice be done. In the event of an emergency, or enters premises without the cable operator Cable permission, plus any Operator shall attempt to contact the additional repairs or property owner or legal tenant in person, reimbursement and shall leave a door hanger notice in the event personal contact is not made.

All cable operator Cable Ten Dollars ($10) Operator personnel shall clean up $10.00 credit plus any the area surrounding debris additional repairs caused by the Cable Operator's activities cleanup and disposal of debris at a work site and properly dispose of cable materials.

Services For Customers With Disabilities

All cable operator Cable Five Dollars ($5) credit to Operators will deliver and pick up customer account. $5.00 converters at the home of customers credit Customers with disabilities. 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 Cable Operator.

All cable operator Cable Five Dollars ($5) credit to Operators will provide TDD/TYY customer account. $5.00 service through trained operators who can credit provide any assistance regularly available from a CSR at no charge.

Cable oOperators will Five Dollars ($5) credit to install, at no charge, any closed customer account. $5.00 captioning device purchased by a credit hearing-impaired customer Customer.

Cable Operators will provide free use of Five Dollars ($5) a converter remote control unit to $5.00 credit to customer mobility-impaired customers account, and provision of Customers. remote control unit

CUSTOMER INFORMATION

Upon installation, or at a Provide customer customer's Customer's Customer with the requested request, cable operator information. $5.00 credit for Cable Operators will provide failure to provide the following requested information and credit information: A. Products and services offered; B. Complete range of service options and prices; C. Customer service standards; D. Instruction on use of cable TV,interactive TV, Internet service, remote and on standard VCR hookups; E. Billing, collection and disconnect polices F. Customer privacy requirements; G. Complaint procedure, containing the City or the designated agency to whom the complaints Complaints should be addressed; H. Use and availability of A/B switch; I. Use and availability of parental control/lockout device; J. Special services for customers Customers with visual, hearing or mobility disabilities; K. Days, times of operation, and locations of the service centers.

Cable oOperators shall Five Dollars ($5) provide customers Customers $5.00 credit to customer and the City with written account for each affected notification of any change in rates, customer Customer programming, or channels at least thirty (30) days before the date of the change.

Every employee of cable operators in Five Dollars ($5) credit to contact with customers will have visible customer account. $5.00 an identification card with their name credit and photograph. All officers, agents, and employees of the Cable Operator, its contractors and subcontractors in personal contact with the Customer shall have a visible identification card with their name and photograph and shall orally identify themselves upon first contact with the Customer.

All CSRs shall identify themselves orally Five Dollars ($5) credit to to callers immediately following the customer account. $5.00 greeting during each telephone contact credit with the public.

Each CSR, technician, or employee of the Five Dollars ($5) credit to cable operator Cable customer account. $5.00 Operator in each contact with a credit customer 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 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.

CUSTOMER PRIVACY

Cable operators will not monitor the The customer has the choice cable television signals to determine of either a check for at least viewing patters of a customer without One Hundred Dollars ($100), or a prior written customer consent. credit to customer account in the same amount.

Cable operators will not sell Five Dollars ($5)credit to each or make available customer list affected customer. or other personally identifiable customer information other than as expressly provided in a franchise agreement. ( + The Customer has the choice of either a check for $100.00, or a ( + For any violation of privacy per SMC credit to Customer account in the 21.60.820F of the Cable Customer Bill of same amount. Rights

SAFETY

When the cable operator At least Twenty-five Dollars Cable Operator receives notice ($25) a day for each twenty-four that an unsafe condition exists with (24) hour delay in responding to respect to its equipment, the customer Customer cable operator safety concerns Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition.

SATISFACTION GUARANTEED

Cable oOperators will The customer guarantee customer Customer Customer will have the satisfaction for every customer opportunity to cancel basic Customer who requests or expanded service basic or expanded basic cable upgraded Cable Service or Other service new or upgraded Cable Service within thirty (30) Service or Other Service. days after activation of receiving the service and receive a pro rata credit in an amount equal to the pro rata charge for the remaining days of service being disconnected if the Customer is dissatisfied with the service, except where a free promotion has been offered, there shall be no charge of any kind for the service or for disconnection of the service at no charge.

Section 2. If any clause, sentence, paragraph, or part of this ordinance, or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance, or its application to other parties or circumstances.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2002, and signed by me in open session in authentication of its passage this _____ day of _________________, 2002. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2002. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2002. ___________________________________________ City Clerk

04/16/02 (Ver. 8) ta