§ 5.60.140. Video providers; registration; customer service standards.

(a)

Unless the customer protection and customer service obligations of a video provider, as that term is defined in section 5.60.170, are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with all applicable provisions of the following state statutes:

(1)

The Cable Television and Video Customer Service and Information Act (Government Code § 53054 et seq.).

(2)

The Video Customer Service Act (Government Code § 53088 et seq.).

(b)

All video providers that are operating in the city on the effective date of the ordinance codified in this chapter, or that intend to operate in the city after the effective date of the ordinance codified in this chapter, must register with the city; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the city. The registration form must include or be accompanied by the following:

(1)

The video provider's name, address, and local telephone numbers.

(2)

The names of the officers of the video provider.

(3)

A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code § 53054 et seq. These customer service standards must include, without limitation, standards regarding the following:

a.

Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling.

b.

Customer telephone and office hours.

c.

Procedures for billing, charges, refunds, and credits.

d.

Procedures for termination of service.

e.

Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates.

f.

Complaint procedures and procedures for bill dispute resolution.

g.

The video provider's written commitment to distribute annually to the city, and to its employees and customers, a notice describing the customer service standards specified in subsections (b)(3)a through f of this section.

This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code § 53055.2.

(4)

In addition to the registration fee specified in subsection (b)(4) of this section, the written commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code § 53088.2(o).

(c)

The city council may establish by ordinance a schedule of monetary penalties for the material breach by a video provider of its obligations under Government Code § 53088.2(a) through (s). As used herein, the term "material breach" means any substantial and repeated failure to comply with the consumer service standards set forth in Government Code § 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code § 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by Government Code § 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code § 53055.1, which penalty may not exceed $500.00 for each year in which the notice is not distributed as required by state statute.

(Code 1969, § 5.60.140; Ord. No. 766, § 2(part), 2000)