Ordinance No. 56 ORDINANCE NO. 56
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHINO HILLS, CALIFORNIA, ESTABLISHING AND
ADOPTING CABLE TELEVISION CUSTOMER SERVICE
STANDARDS
WHEREAS, on March 10, 1986, pursuant to Ordinance No.
2667, the Board of Supervisors of the County of San Bernardino,
granted by minute order to Marsh Media of Chino, Inc. , a cable
television license to construct, operate and maintain a cable
television system (the "License") ;
WHEREAS, on August 22, 1988, the Board of Supervisors
of San Bernardino County approved the transfer of the License to
American Cable Television Investors 4, Ltd. ("American") ;
WHEREAS, on December 1, 1991, the City of Chino Hills
("City") was incorporated. The License gives American the right
to construct, operate and maintain a cable system throughout the
jurisdiction of the City;
WHEREAS, pursuant to Resolution No S4R-23 the City has
approved the transfer of the License to Citizens Century Cable
Television Venture, a New York Joint Venture,
("Citizens/Century") which is owned equally by Century
• Telecommunications Venture Corp. , a Delaware Corporation
("Century") and by Citizens Cable Company, a Delaware Corporation
("Citizens") ;
WHEREAS, Ordinance Nos. 3440 and 3497 of the County of
San Bernardino, as adopted by reference by the City pursuant to
City Ordinance No. 91-01, contain the terms and conditions of the
License grant Citizens/Century;
WHEREAS, pursuant to Title 47, Section 76. 309 of the
Code of Federal Regulations, the Federal Communication Commission
authorized cities to establish cable television customer service
standards;
WHEREAS, pursuant to the Video Customer Service Act
(California Government Code Section 53088, et. seq. ) , the State
Legislature authorized cities to establish procedures for
enforcing customer service standards;
NOW, THEREFORE, the City Council of the City of Chino
Hills does hereby ordain as follows:
Section 1. Subsections (f) (r) (t) (u) (v) and (ii) of
Section 42 . 056 of Ordinance No. 3440, are amended to read as
follows:
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III " (f) "City Council" means the City Council of the
City of Chino Hills and replaces the term
"Board of Supervisors" as used in this
Chapter.
(r) "City" means the City of Chino Hills, and
replaces the term "County" as used in this
Chapter.
(t) "City Manager" means the City Manager of the
City of Chino Hills or his designee and
replaces the terms "Department Director" and
"Division" as used in this Chapter.
(u) "Material breach" means any substantial and
repeated failure to comply with the customer
service standards set forth in this Chapter.
A material breach for the purposes of
assessing penalties shall be deemed to have
occurred for each day, following the
expiration of the notice and cure period
specified in this Chapter, that any material
breach has not been remedied by the Licensee
irrespective of the number of customers
affected.
• (v) "Service interruption" means the loss of
picture or sound on one or more video
channels.
(ii) "Public Works Commission" means the Public
Works Commission of the City of Chino Hills,
and replaces the terms "License Review Board"
as used in this Chapter. "
Section 2. Section 42.0540 of Ordinance No. 3440 is amended
in its entirety to read as follows:
"42. 0540 Service Standards and Requirements.
The Licensee shall render such service to
subscribers as will meet technical and
performance requirements of this Chapter and
the License. At a minimum, the Licensee
shall provide the broad category of services,
and the mix, quality, and level of
programming represented in its license
application and made a part of the License. "
Section 3 . Section 42 . 0541 of Ordinance No. 3440, as amended
by Ordinance No. 3497, is amended in its entirety to read as
follows:
"42 . 0541 Customer Service Standards.
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III (a) Customer Service Standards. Licensee shall
comply with the FCC customer service obligations
contained at Section 76. 309 of Title 47 of the
Code of Federal Regulations, as modified by this
Section. Pursuant to 47 CFR § 76. 309 (b) , the City
hereby modifies the FCC customer service
obligations as follows:
" (1) 47 CFR S 76. 309 (c) (1) (i) (A) is revised to
provide that:
"Knowledgeable, qualified customer service
representatives shall be available to respond to
customer telephone inquiries a minimum of 49 hours
weekly, from 8:00 a.m. to 5:00 p.m. , Monday through
Friday, and at least four additional hours one evening
per week or on Saturdays. "
(2) 47 CFR § 76. 309 (c) (1) (v) is revised to provide
that:
"A business and service office located within ten miles
of the City shall be open Monday through Friday from
8: 00 a.m. to 5: 00 p.m. , and adequately staffed to
accept subscriber payments and respond to service
requests and complaints. Additionally, the Licensee
• will staff the business and service office at least
four additional hours one evening per week or on
Saturdays. "
(3) Subsections (vi) , (vii) and (viii) are added to 47
CFR § 76.309 (c) (2) to provide that:
" (vi) The cable operator will maintain an emergency
system maintenance and repair staff, capable of
responding to and repairing major system malfunctions
on a twenty-four (24) hour basis shall be provided.
" (vii) The cable operator shall render efficient
service, make repairs promptly, and interrupt service
only for good cause and for the shortest time possible.
Scheduled interruptions insofar as possible, shall be
preceded by notice and shall occur during periods of
minimum use of the system, preferably between midnight
and 6: 00 a.m.
" (viii) The cable operator shall maintain a repair
force of technicians capable of responding to
subscriber requests for service within the following
time frames:
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• (i) System outages: Within two (2) hours,
including weekends, of receiving subscriber
calls which by number identify a system
outage of sound or picture of one (1) or more
channels, affecting all the subscribers of
the system or a considerable number thereof.
(ii) Service interruptions: Within twenty-four
(24) hours, including weekends, after the
interruption becomes known.
(ii) Inferior reception quality: Within forty-
eight (48) hours, including weekends, after
receiving a request for service identifying a
problem concerning picture or sound quality. "
(b) Verification of Standards. Upon reasonable
notice, every Licensee shall demonstrate compliance
with any or all of the standards required in Subsection
(a) . Licensee shall provide sufficient detail to
permit the City to verify the extent of compliance.
A written log or an equivalent stored in computer
memory and capable of access and reproduction, shall be
maintained for three (3) years. The log shall indicate
the time and date of all service interruptions, request
• for cable service or repairs, and responses to request
for cable service or repairs.
(c) Breach. A repeated, documented and verifiable
pattern of actual noncompliance with the customer
service standards of subsection (a) , after the City has
given the Licensee due notice and a reasonable
opportunity to cure in accordance with the provisions
of this Chapter, may be termed a breach of the
Licensee, subject to any and all remedies as prescribed
in the License and as prescribed in this Chapter. " .
Section 4. Subsections (c) and (d) are added to Section
42 .0547 of Ordinance No. 3440 to read as follows:
" (c) In the event that cable service to any customer is
interrupted, without fault of the customer, or those
within its control, for twenty-four (24) or more
consecutive hours, Licensee shall provide each affected
customer requesting the same a pro rata rebate of the
monthly fees for each 24 hours period of the
interruption. In addition, customer service
representatives of Licensee shall have the discretion
to grant refunds of up to one month for service
interruptions.
411 071291.2 4
• (d) Licensee shall designate a "government liaison
person" who shall be responsible for working with the
City Manager to resolve customer complaints. "
Section 5. Section 42.0556 of Ordinance No. 3440 is revised
to read as follows:
"42. 0556 Civil Penalties, Default and Revocation
Proceedings.
If Licensee fails to perform any obligation under the
License, or under this Chapter, or fails to do so in a
timely manner, the City Manager may, at his sole
option, and at his sole discretion declare a default
and seek the following:
(a) Notice of Default. Upon Licensee's breach of the
terms of its License or violation of this Chapter, the
City Manager shall mail to the Licensee's last known
business address by First Class Mail, postage prepaid,
a Notice of Default. Said notice shall describe the
nature of the Licensee's default and specify such
remedial action as may be necessary for the Licensee to
cure said default. The City Manager shall establish a
minimum time to cure the breach, which in no event
shall be less than thirty (30) days in the case of
• violation of the Customer Service Standards contained
at Section 42 .0541, and not less than ninety (90) days
in all other circumstances. In the event Licensee has
failed to cure the default, the City Manager may submit
the matter to the Public Works Commission for further
proceedings.
(b) Response to Licensee. Upon receiving the City
Manager's notice of the breach, Licensee shall
investigate the alleged breach, and within the time
period established in the notice, notify the City
Manager in writing of the results of the investigation
and its proposed action or resolution, if any. In the
event the City Manager does not refer the matter to the
Public Works Commission within sixty (60) days of the
receipt of the Licensee's response, the Licensee's
proposed action or resolution shall be final.
(c) Opportunity to Cure. Licensee shall not be deemed
to be in default in the performance of its obligations
under this Chapter and no penalty or sanction shall be
imposed upon Licensee where it has remedied the breach
to the reasonable satisfaction of the City Manager
within the period specified in the notice specifying
the breach.
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• (d) Public Works Commission Hearings. In the event
that a Notice of Default is mailed to Licensee as set
forth in subsection (a) above, the City Manager may, no
earlier than sixty (60) days following its mailing of a
Notice of Default, file a written accusation with the
Public Works Commission with a copy to the Licensee,
requesting a hearing and setting forth the grounds for
such proceedings. The Licensee may, within thirty (30)
days following the City Manager's mailing of the
accusation, file with the Commission a written response
to said accusation admitting and/or denying the
allegations therein and setting forth an affirmative
defense Licensee may have. Not later than sixty (60)
days after any such accusation has been received by it,
a public hearing pursuant to Sections 42. 0513 and
42 .0514 shall be held on the accusation by the Public
Works Commission. The Public Words Commission shall,
within thirty (30) days following the public hearing,
either dismiss the accusation, assess monetary
sanctions, or recommend revocation of the license to
the City Council, and shall notify the Licensee in
writing of its decision by First Class Mail, postage
prepaid.
(e) Monetary Sanctions. Following the conclusion of
the hearing provided for at subsection (d) above, the
• Public Works Commission may assess the following
sanctions:
(1) For any violations of the terms of this Chapter or
the terms of the License, the Public Works Commission
may assess against the Licensee monetary sanctions in
the amount not to exceed thirty percent (30%) of the
License fee paid for the proceeding year. Assessment
of sanctions shall not constitute a waiver by the City
of any other right or remedy it may have under the
License or under applicable law, including with
limitation, its right to recover from the Licensee such
additional damages, costs and expenses, under this
Chapter including actual attorney fees, that may have
been suffered or incurred by the City by reason of or
arising out of such breach of the License or this
Chapter.
(2) Notwithstanding the above, for breaches of the
Customer Service Standards contained at Section
42. 0541, the Public Works Commission shall have the
authority to assess the following penalties upon the
Licenses:
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III (1) Up to two hundred dollars ($200) for
each day of each material breach, not to
exceed six hundred dollars ($600) for
each occurrence of material breach;
(ii) For a second material breach of the same
nature occurring within 12 months where
a fine or penalty was previously
assessed, up to four hundred dollars
($400) for each day of each material
breach, not to exceed twelve hundred
dollars ($1,200) for each occurrence of
the material breach;
(iii) For a third or further material breach
of the same nature occurring within
those same 12 months, where a fine or
penalty was previously assessed, up to
one thousand dollars ($1, 000) for each
material breach, not to exceed three
thousand dollars ($3, 000) for each
occurrence of the material breach.
(f) Appeals. Determinations of the Public Works
Commission may be appealed to the City Council within
411 thirty (30) days of the Public Works Commission's
decision.
(g) License Revocation/Suspension. The City may
revoke or suspend any License for cause. For the
purpose of this Section, any breach of the License or
this Chapter shall constitute cause. In the event the
Public Works Commission shall recommend revocation or
suspension, the City Council shall conduct a public
hearing within forty-five (45) days following its
receipt of the Public Works Commission's
recommendations, and shall within thirty (30) days of
the public hearing make its determination either to:
(1) Dismiss the revocation proceedings; (2) Suspend the
License subject to Licensee's performance of such
conditions(s) consistent with this Chapter as the City
Council may impose; or (3) Revoke the License.
(h) Affect of Revocation. Upon revocation and during
suspension of a license by the City Council, the
Licensee immediately cease all operations under the
License, and the License shall be considered null and
void. Any continued operations requiring a license
under this Chapter, shall be considered a violation of
the Chino Hills Municipal Code and subject the Licensee
III
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to such criminal and civil penalties, including
injunctive relief, as may be appropriate.
(i) No Limitation of City Rights. Any or all of the
above enumerated measures against Licensee shall be in
addition to any and all other legal or equitable
remedies the City has under the License or under
applicable law. "
Section 6. Notice.
The City Clerk is directed to send written notice to
Citizens/Century of the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 9Arh day of April
1994.
AR G. LARSON, MAYOR
ATTEST:
LINDA D. RUTH, CI Y CLERK
• APPROVED AS TO FORM:
THOMAS C. WOOD, CITY TORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO HILLS )
I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO
HEREBY CERTIFY that foregoing Ordinance No. 56 was duly
introduced for first reading at a regular meeting of the City
Council held on the 12th day of April , 1994, and that
thereafter, said Ordinance was duly passed and adopted at a
regular meeting of the City Council held on the 26th day of
April , 1994, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY,
AND THALMAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE .�.
LINDA D. RUTH, CITY CLERK
071291.2 8
The foregoing is the original of Ordinance No. 56 duly passed and adopted by the
Cino Hills City Council at their regular meeting held April 26, 1994
LINDA D. RUTH, CITY ` I: