§ 34-11. Consumer protection.

Each grantee shall, at a minimum, meet the customer service standards released by the Federal Communications Commission on April 7, 1993, or any standards subsequently adopted by the FCC which supersede those released on April 7, 1993. Should grantee not meet the FCC customer service standards or any customer service standards set forth in this chapter or the franchise for two consecutive quarters, grantee shall submit to the city a written plan which describes the corrective action that the grantee is taking and plans to take to ensure compliance within a reasonable period of time. The city reserves the right to promulgate new, revised or additional customer service standards.

Each grantee shall also comply with the consumer protection and customer service provisions of its franchise and with, at a minimum, the following:

(1)

Business office. Each grantee shall be required to establish, operate and maintain in the city a conveniently located walk-in facility for the purpose of receiving inquiries, requests and complaints concerning all cable services, all aspects of the construction, installation, operation, and maintenance of the cable system, all aspects of billing policies and procedures, and for the payment of subscribers' service charges. Said facility shall be open during normal business hours. Grantee shall provide all subscribers or users with at least 30 days' prior notice of a change in said facility's business hours. The facility shall maintain a staff adequate to process complaints and requests for installation, service or repairs, and to conduct other business in a timely and efficient manner. Additional offices and payment stations to be provided by the grantee shall be included in the franchise.

(2)

Telephone service. The grantee shall have a listed, toll free, staffed telephone number for service calls available 24 hours a day, seven days a week. Said number shall be made available to subscribers and the general public. Grantee shall add additional phone lines when existing lines are substantially utilized.

The grantee shall provide an unlisted, toll free telephone number to the city and utility companies to enable the city or utility companies to reach the grantee in case of emergency on a 24-hour, seven-days-a-week basis.

The grantee shall prominently display its business and service telephone numbers on each monthly subscriber statement.

(3)

Repair response. Each grantee shall maintain a repair and trouble-shooting force capable of responding to subscriber complaints or requests for service within 24 hours after receipt of the complaint or request.

(4)

Complaint procedures. Each grantee shall ensure that all subscribers, programmers, and members of the general public have recourse to a satisfactory complaint resolution procedure. Each grantee shall present to the city, no later than three months after the execution of its franchise, a set of rules, regulations, and procedures concerning the handling and settling of complaints. Provided, further, that each grantee shall provide its subscribers with copies of procedures for filing complaints, and shall provide additional copies to any persons on request.

(5)

Complaint records. Written complaints received by grantee and service complaint summary reports shall be maintained for at least a five-year period. Aggregate data based upon these written complaints shall be made available for inspection by the city. Service complaint summary reports shall include verbal and written complaints and shall be segregated by type and category of complaint.

(6)

Non-discrimination. All cable services shall be offered throughout the franchise area on a non-discriminatory basis. Grantee shall not refuse service to any resident who will not provide his or her social security number; however, grantee may require subscribers who do not provide their social security numbers to pay no more than two months of monthly service, deposits, and other applicable connection charges in advance of connection to the cable system. Nothing in this chapter shall be construed to prohibit test marketing.

(7)

Subscriber solicitation. Each grantee representative and all other grantee employees entering upon private property shall be required to wear an employee identification card issued by grantee and bearing a picture of said representative.

(8)

Sales and annual information. Upon in-person solicitation of service or connection of cable service and annually thereafter, and at any time upon request, grantee shall furnish to each subscriber or potential subscriber a simple, but complete written explanation of all services offered; the fees, charges, terms and conditions of such services; information regarding billing, rebates, and service calls; procedures for ordering changes in or termination of services; complaint procedures; information regarding the availability of parental control devices; a complete statement of the subscriber's right to privacy in conformance with Section 631 of the Communications Act of 1934, 47 U.S.C.; information concerning the utilization of video cassette recorders (VCRs) with cable service(s) and the cost for hooking up such VCRs so that they function as manufactured. Such written materials shall clearly disclose the price and other information concerning grantee's least costly service.

(9)

Information with respect to viewing habits and subscription decisions. Grantee shall at all times comply with the protection of subscriber privacy provisions of the Cable Act and all laws governing subscriber privacy. The city reserves the right to promulgate new laws governing subscriber privacy.

(10)

Subscriber and user contracts. Grantee will include the following provision in every contract agreement between grantee and any subscribers or user;

The subscriber/user as part of this contract, has certain rights of privacy restricting the collection and publication of personal information under the control of (name of grantee), including without limitation, information regarding program selections or service uses. (Name of grantee) shall make available upon the request of the subscriber/user further description of said rights as established in its chapter and franchise with the City of Atlanta.

(Ord. No. 2009-51.1(94-O-1777), § 11.0, 11-28-94)