Sec. 76.309  Customer service obligations.

    (a) A cable franchise authority may enforce the customer service 
standards set forth in paragraph (c) of this section against cable 
operators. The franchise authority must provide affected cable operators 
ninety (90) days written notice of its intent to enforce the standards.
    (b) Nothing in this rule should be construed to prevent or prohibit:
    (1) A franchising authority and a cable operator from agreeing to 
customer service requirements that exceed the standards set forth in 
paragraph (c) of this section;
    (2) A franchising authority from enforcing, through the end of the 
franchise term, pre-existing customer service requirements that exceed 
the standards set forth in paragraph (c) of this section and are 
contained in current franchise agreements;
    (3) Any State or any franchising authority from enacting or 
enforcing any consumer protection law, to the extent not specifically 
preempted herein; or
    (4) The establishment or enforcement of any State or municipal law 
or regulation concerning customer service that imposes customer service 
requirements that exceed, or address matters not addressed by the 
standards set forth in paragraph (c) of this section.
    (c) Effective July 1, 1993, a cable operator shall be subject to the 
following customer service standards:
    (1) Cable system office hours and telephone availability--
    (i) The cable operator will maintain a local, toll-free or collect 
call telephone access line which will be available to its subscribers 24 
hours a day, seven days a week.
    (A) Trained company representatives will be available to respond to 
customer telephone inquiries during normal business hours.
    (B) After normal business hours, the access line may be answered by 
a service or an automated response system, including an answering 
machine. Inquiries received after normal business hours must be 
responded to by a trained company representative on the next business 
day.
    (ii) Under normal operating conditions, telephone answer time by a 
customer representative, including wait time, shall not exceed thirty 
(30) seconds when the connection is made. If the call needs to be 
transferred, transfer time shall not exceed thirty (30) seconds. These 
standards shall be met no less than ninety (90) percent of the time 
under normal operating conditions, measured on a quarterly basis.
    (iii) The operator will not be required to acquire equipment or 
perform surveys to measure compliance with the telephone answering 
standards above unless an historical record of complaints indicates a 
clear failure to comply.
    (iv) Under normal operating conditions, the customer will receive a 
busy signal less than three (3) percent of the time.
    (v) Customer service center and bill payment locations will be open 
at least during normal business hours and will be conveniently located.
    (2) Installations, outages and service calls. Under normal operating 
conditions, each of the following four standards will be met no less 
than ninety five (95) percent of the time measured on a quarterly basis:
    (i) Standard installations will be performed within seven (7) 
business days after an order has been placed. ``Standard'' installations 
are those that are located up to 125 feet from the existing distribution 
system.
    (ii) Excluding conditions beyond the control of the operator, the 
cable operator will begin working on ``service interruptions'' promptly 
and in no event later than 24 hours after the interruption becomes 
known. The cable

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operator must begin actions to correct other service problems the next 
business day after notification of the service problem.
    (iii) The ``appointment window'' alternatives for installations, 
service calls, and other installation activities will be either a 
specific time or, at maximum, a four-hour time block during normal 
business hours. (The operator may schedule service calls and other 
installation activities outside of normal business hours for the express 
convenience of the customer.)
    (iv) An operator may not cancel an appointment with a customer after 
the close of business on the business day prior to the scheduled 
appointment.
    (v) If a cable operator representative is running late for an 
appointment with a customer and will not be able to keep the appointment 
as scheduled, the customer will be contacted. The appointment will be 
rescheduled, as necessary, at a time which is convenient for the 
customer.
    (3) Communications between cable operators and cable subscribers--
    (i) Notifications to subscribers--
    (A) The cable operator shall provide written information on each of 
the following areas at the time of installation of service, at least 
annually to all subscribers, and at any time upon request:
    (1) Products and services offered;
    (2) Prices and options for programming services and conditions of 
subscription to programming and other services;
    (3) Installation and service maintenance policies;
    (4) Instructions on how to use the cable service;
    (5) Channel positions programming carried on the system; and,
    (6) Billing and complaint procedures, including the address and 
telephone number of the local franchise authority's cable office.
    (B) Customers will be notified of any changes in rates, programming 
services or channel positions as soon as possible in writing. Notice 
must be given to subscribers a minimum of thirty (30) days in advance of 
such changes if the change is within the control of the cable operator. 
In addition, the cable operator shall notify subscribers thirty (30) 
days in advance of any significant changes in the other information 
required by paragraph (c)(3)(i)(A) of this section. Notwithstanding any 
other provision of Part 76, a cable operator shall not be required to 
provide prior notice of any rate change that is the result of a 
regulatory fee, franchise fee, or any other fee, tax, assessment, or 
charge of any kind imposed by any Federal agency, State, or franchising 
authority on the transaction between the operator and the subscriber.
    (ii) Billing--
    (A) Bills will be clear, concise and understandable. Bills must be 
fully itemized, with itemizations including, but not limited to, basic 
and premium service charges and equipment charges. Bills will also 
clearly delineate all activity during the billing period, including 
optional charges, rebates and credits.
    (B) In case of a billing dispute, the cable operator must respond to 
a written complaint from a subscriber within 30 days.
    (iii) Refunds--Refund checks will be issued promptly, but no later 
than either--
    (A) The customer's next billing cycle following resolution of the 
request or thirty (30) days, whichever is earlier, or
    (B) The return of the equipment supplied by the cable operator if 
service is terminated.
    (iv) Credits--Credits for service will be issued no later than the 
customer's next billing cycle following the determination that a credit 
is warranted.
    (4) Definitions--
    (i) Normal business hours--The term ``normal business hours'' means 
those hours during which most similar businesses in the community are 
open to serve customers. In all cases, ``normal business hours'' must 
include some evening hours at least one night per week and/or some 
weekend hours.
    (ii) Normal operating conditions--The term ``normal operating 
conditions'' means those service conditions which are within the control 
of the cable operator. Those conditions which are not within the control 
of the cable operator include, but are not limited to, natural 
disasters, civil disturbances, power outages, telephone network outages, 
and severe or unusual weather conditions. Those conditions which are

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ordinarily within the control of the cable operator include, but are not 
limited to, special promotions, pay-per-view events, rate increases, 
regular peak or seasonal demand periods, and maintenance or upgrade of 
the cable system.
    (iii) Service interruption--The term ``service interruption'' means 
the loss of picture or sound on one or more cable channels.

[ 58 FR 21109 , Apr. 19, 1993, as amended at  61 FR 18977 , Apr. 30, 1996]

                      Subpart I--Forms and Reports