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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: • 071291.2 1 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. • 071291.2 2 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: 111 071291.2 3 • (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. • 071291.2 5 • (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: • 071291.2 6 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 071291.2 7 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: