Current through March 25, 2025
1.13.1
Local
Business Office
A. Each CATV System
Operator must maintain at least one local business office in the state that
shall be open and adequately staffed during normal business hours. Provided,
however, that each CATV System Operator providing service in six (6) or more
service areas shall have a minimum of three (3) local business offices
statewide.
B. Such office shall not
only be open during all usual business hours, and adequately staffed, but also
provision shall be made so that telephone calls from Subscribers may be
received at any time.
1.13.2
Complaints by Subscribers
A. Every CATV System Operator shall keep a
record or log of all complaints received, quality of service, equipment
malfunctions, billing procedure, employee attitude and similar matters. Such
records shall be maintained for a period of two (2) years.
B. Such record shall contain the following
information for each complaint received.
1.
date, time, nature of complaint;
2.
name, address, telephone number of complainant;
3. investigation of complaint;
4. manner and time of resolution of
complaint; and
5. if the complaint
regards equipment malfunction or the quality of reception, a report indicating
corrective steps taken, with the nature of the problem stated and the
technician or repairman identified by name. (such report shall be made even if
no trouble is identified, or if further instruction was required to enable the
Subscriber to properly adjust the converter or other terminal device, or if the
fault was in the Subscriber's television receiver.)
C. If the Division requests further
investigation of a complaint, the CATV Operator will commence such
investigation forthwith and proceed expeditiously. A full report of the
operator's investigation of the complaint shall be rendered to the Division
without delay, indicating whether the complaint had merit, what was done (or is
proposed to be done) to resolve it, and when the result can be
expected.
D. The FCC customer
service obligations contained in
47 C.F.R. §
76.309 (2018) are incorporated in this Part
except where such obligations are exceeded, as provided in any Order or
approved agreement between the Division and any CATV Company.
1.13.3
Notice of Complaint
Procedure
At the time of initial installation or reconnection of
service, and at least once each year thereafter, every CATV System Operator
shall deliver to every Subscriber and user a clear, understandable written
statement of the procedure for reporting and resolving complaints, and the
process available to him for redress of any service problem or other grievances
he may have. Such statement shall list the names, addresses and telephone
numbers of these officials or representatives of the operator, the Division,
and the FCC to whom complaints should be addressed.
1.13.4
Discontinuance of Service
A. Except as otherwise provided in this
chapter, no CATV System Operator shall curtail, suspend or discontinue service
to any Subscriber, except at the Subscriber's request, or for the following
purposes or reasons:
1. to comply in good
faith with the order of a court of competent jurisdiction;
2. to make temporary or permanent repairs or
improvements in the system or its equipment;
3. to prevent a hazard to persons or property
resulting from the condition of the installation or the Subscriber's
equipment;
4. because of failure to
pay a valid bill due for service furnished at a present or previous location or
to make or increase a proper deposit;
5. because the Subscriber has removed or is
removing from the premises;
6.
because the Subscriber without its approval tapped the system to provide Cable
Service to others or otherwise tampered with its facilities;
7. because the Subscriber made fraudulent
representations regarding the use of the service within the Subscriber's
premises;
8. because the Subscriber
so operates or connects his equipment as to cause disturbing effects on the
service of other Subscribers or its equipment or facilities;
9. because the Subscriber refuses reasonable
access to his premises to its representatives who must have such access to make
required inspections or tests or to make adjustments to or service equipment or
to legally remove its property or to otherwise comply with conditions of its
approved tariff; and
10. because
the provision of service to the Subscriber jeopardizes the safety of company
employee(s).
1.13.5
Discontinuance for Nonpayment of
Bills
A. No CATV System Operator shall
discontinue service to any Subscriber for nonpayment of bills unless the
Subscriber has been sent written notice of the operator's intention to
disconnect, mailed so as to be received, under reasonable circumstances, at
least ten (10) days in advance of the proposed discontinuance. No such
intention notice shall be sent until at least thirty (30) days have elapsed
from the date that the bill is mailed or delivered; Provided, however, in case
of illegal use of the cable, fraud, or if it is indicated that the Subscriber
is prepared to remove from the Service Area, the operator may discontinue
service without notice.
B. Where a
charge or service is in dispute, the Subscriber or the CATV Operator may
request, prior to the date of discontinuance specified in the notice, a review
by the Administrator or his designee, who shall investigate the complaint,
afford each party to the dispute a reasonable opportunity to be heard, and
communicate his findings to the parties. During the pendency of such review,
the operator shall not discontinue service to the Subscriber due to the
circumstances out of which the dispute arose.
1.13.6
Credit Deposits
A. Where a credit of a Subscriber is not
established or where a Subscriber is in default in the payment of bills, a CATV
System Operator may require as a condition of supplying or continuing service
deposit not exceeding the estimated average charge for service during any
two-month period.
B. Where a
Subscriber who has made a deposit fails to pay a bill, the CATV System Operator
shall apply the deposit insofar as necessary to liquidate the bill, and may
require a restoration of the deposit.
C. Upon closing any Subscriber account for
which a deposit has been paid, the CATV System Operator shall promptly return
the balance remaining after the closing bill for service has been settled to
the depositor with the interest due.
D. If a Subscriber who has paid a deposit
establishes satisfactory credit by payment of all bills within the allowed time
during a period of two years, the CATV System Operator shall refund to the
Subscriber the amount of the deposit together with all interest due
thereon.
1.13.7
Equipment Deposits
If a CATV System Operator supplies equipment to a
Subscriber it will not require a deposit exceeding the replacement cost of the
equipment which deposit it will hold at six percent (6%) per annum simple
interest to be applied so far as necessary to replacement or repair of the
equipment resulting from Subscriber abuse. In such case, it may require that
the deposit be restored to its original amount.
1.13.8
Restoration of Service
A CATV System Operator shall restore service upon
application when the conditions under which it was disconnected are corrected
and all proper deposits made. In the event of a dispute, it will accept and
comply with the ruling or order of the Administrator until the same is set
aside or reversed by a court of competent jurisdiction.
1.13.9
Interruption of Service
A. All CATV System Operators shall render
efficient service, make repair promptly, and interrupt service only for good
cause, and for the shortest time possible. Insofar as is feasible, planned
interruptions of service shall be scheduled during hours of minimum system use.
All CATV System Operators shall exercise reasonable diligence to avoid
interruption or curtailments of service, and will restore service as promptly
as possible consistent with safe practice.
B. Planned interruptions of service shall be
preceded by at least nine-six (96) hours prior written notice delivered to a
designated employee of the Division. Each such notice shall state the time,
expected duration and cause of the interruption. In addition, beginning at
least ninety-six (96) hours in advance of the planned interruption of service,
the operator shall give continuous notice of the interruption to all affected
Subscribers on at least one access channel or automated channel. The operator
shall give affected users of institutional services pursuant to §1.7.3(B)
of this Part at least ninety-six (96) hours notice of interruptions of their
service by an appropriate means. Wherever feasible, the CATV Operator shall
also mail to all affected Subscribers a printed notice of the planned
interruption.
C. Interruption of
service due to accident or other causes beyond the control of the CATV System
Operator shall be reported to the Division in the following manner:
1. in the event that five hundred (500) or
more Subscribers experience an interruption in cable service for a period of
time greater than one (1) hour in duration on a single occasion, the
responsible CATV System Operator shall provide telephone notification to the
Division within twenty-four (24) hours of the service interruption (or on the
first business day following a weekend or holiday) and provide written
notification to the Division within five (5) days of the interruption
setting-forth the facts and cause of the service interruption.
D. In the event of interruptions
of service resulting from whatever cause other than negligence of a Subscriber
or failure of equipment of facilities furnished by a Subscriber, and which
continues more than twenty-four (24) hours, and which is reported to the
company, a prorated adjustment to the monthly service charge shall be credited
to the affected Subscribers for each twenty-four (24) hour period or fraction
thereof that the interruption continues. No credit will be given for
interruptions of service of less than twenty four (24) hours duration. For the
purposes of calculating a pro-rated adjustment, every month shall be considered
to have thirty (30) days.
1.13.10
Installation of Drops
When a CATV System Operator receives an application for
service, and the only outdoor installation work required is to drop a line from
the feeder cable to the Subscriber's building, it will make the installation
promptly and in no event later than ten (10) days following receipt of the
application unless good and sufficient reason exists.
1.13.11
Parental Guidance Device
Each CATV System Operator shall provide parental control
devices to customers upon request at cost or, if the charges for such devices
are regulated, at the regulated rate thereof.
1.13.12
Captioning
In order to serve the needs of hearing impaired persons in
their Service Areas, each CATV System Operator shall equip its customer service
center with a Telecommunications Device for the Deaf (TDD), and shall make
available upon request closed caption devices for hearing impaired customers at
cost.
