§ 20-512. Communications, bills, refunds, credits, late charges, resolution of complaints, and lock-out devices.

(a)

Communications. The Operator will provide written information in each of the following areas at the time of installation of service, and at least annually to all subscribers, and at any time upon request:

(1)

Products and services offered;

(2)

Prices and service options for programming services and conditions of subscription to programming and other services;

(3)

Instruction on how to use the service;

(4)

Installation and service maintenance policies;

(5)

Channel positions of programming carried on the system;

(6)

Operator's procedures for the receipt and resolution of customer complaints, the Operator's address and telephone number to which complaints may be reported, and the hours of operation;

(7)

Availability of the "lock-out" device required by this article;

(8)

Availability of an input selector, or A/B switch, and identification of those local broadcast stations not carried on its system;

(9)

Operator's information collection and disclosure policies for the protection of a subscriber's privacy rights;

(10)

Information regarding the purchase of equipment capable of decoding closed circuit captioning information for the hearing impaired;

(11)

Address of the County's office designated to handle Open Video System complaints and inquiries;

(12)

All customers and the County will receive written notification a minimum of thirty (30) days in advance of any change in rates, programming services or channel positions, provided the change is within the control of the Operator;

(13)

The Operator shall within seven (7) days after receiving written request from the County, send a written report to the County with respect to any particular consumer complaint. The report to the County shall provide a full explanation of the investigation, findings and corrective steps taken by the Operator; and

(14)

The Operator will provide prompt notification to the County and to each affected customer of any material change in any of the above.

(b)

Bills.

(1)

Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic tier and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

(2)

In case of a billing dispute, the Operator must respond to a written complaint from a subscriber within thirty (30) days.

(3)

All OVS Operators must provide the information to subscribers on monthly bills listing the name and mailing address of the relevant government authority.

(c)

Refunds. Refund checks will be issued promptly, but no later than either:

(1)

The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or

(2)

The return of the equipment supplied by the Operator if service is terminated.

(d)

Credits. Credits for services will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

(e)

Late Charges. If a customer shall fail to pay any bill for services, additional fees, or other charges, after same becomes due and payable, Operator may assess a late payment service charge equal to the lesser of Ten Dollars ($10.00) or one-half of one percent (0.5%) of such unpaid sum per day for each calendar day or part thereof after the due date of such payment that such payment has not been received by Operator, but in no event shall the late fee exceed the amount of the monthly bill for services.

(f)

Resolution of Complaints.

(1)

OVS Operators shall establish a process for resolving complaints from subscribers about the quality of the television signal delivered. These records shall be maintained for at least a one (1) year period. Aggregate data based upon these complaints shall be made available for inspection by the FCC and franchising authorities, upon request. Subscribers shall be advised, at least once each calendar year, of the procedures for resolution of complaints by the Operator, including the address of the responsible person of the local governmental authority.

(2)

Prior to being referred to the FCC, complaints from subscribers about the quality of the television signal delivered must be referred to the local governmental authority and the Operator.

(g)

Lock-out Devices. The Operator shall make available, to any residential subscriber so requesting, a "parental guidance" or "lock-out" device which shall permit the subscriber, at his or her option, to eliminate the audio and visual aspects from any channel reception. Such lock-out device shall be available to subscribers until the use of a violence-chip has been available to the general public for five (5) years.

(Ord. No. 1999-14, § 1.12, 4-13-99)