HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-009Temp. Ord. # 1887 — February 8, 2000
Revision # 1 -- February 10, 2000
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2000- 09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 5.5
OF THE TAMARAC CODE, ENTITLED "CABLE
TELEVISION", ARTICLE II "FRANCHISE REQUIREMENTS
AND RESPONSIBILITIES", SECTION 5.5-34 "MINIMUM
FACILITIES AND SERVICES", AND SECTION 5.5-39
"CUSTOMER SERVICE REQUIREMENTS"; PROVIDING
FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac requires any eligible Cable Television
companies to execute a franchise agreement in order to operate in the City; and
WHEREAS, subscribers to any cable system operating in the City of Tamarac
should expect a high level of customer service; and
WHEREAS, the City as the local franchise authority has the authority to set
standards for customer service requirements as granted by the passage of the Cable
Television Consumer Protection and Competition Act of 1992 by the United States
Congress and adoption of guidelines by the Federal Communications Commission; and
WHEREAS, the City Commission has deemed it to be in the best interest of the
citizens and residents of the City of Tamarac that Chapter 5.5, Article II, Section 5.5.-34
"Minimum Facilities and Services" and Section 5.5-39 "Customer service requirements"
be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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Words underscored are additions.
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Temp. Ord. # 1887 •-- February 8, 2000
Revision # 1 — February 10, 2000
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SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of the
Ordinance upon adoption hereof.
SECTION 2: Chapter 5.5-34 of the Tamarac Code, entitled "Minimum
facilities and services" is amended as follows:
Sec. 5.5-34. Minimum facilities and service.
c Effective eighteen 18 months after the grant of a franchise a franchisee
shall at minimumprovide the City and it's subscribers during the term of the franchise
agreement, comparable services and benefits which are provided to any other
community -which is served by the cable system, no later than six (6) months after such
services are provided to any other such communities.
SECTION 3: Chapter 5.5 of the Tamarac Code, entitled "Cable
Television" is amended as follows:
Sec. 6.5-39. Customer service requirements.
(b) A franchisee granted on that franchise, modification, transfer or renewal
on or after the date hereof, shall maintain an office and service center within 10 miles of
the city limits to which subscribers may visit ^r telephene without
MeGrSage *^" -GhaF0 . This business office shall be open durin regular
business hours, 49FA 8:30 w, tO 7_00 P.M., Monday through Friday, and for limited
daytime hours on Saturday. Y"iA ^ffiee shall be bA
(f) Franchisee must meet each of the following standards no less than
ninety-five (95) percent of the time under normal operating conditions as measured on a
quarterly basis:
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Temp. Ord. # 1887 — February 8, 2000
Revision # 1 — February 10, 2000
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(1) Standard installation work shall be performed within seven 7 three
(3) calendar days after an order has been placed except in those instances where a
subscriber specifically requests an installation date beyond the seven 7 thFee(3)
calendar day period. "Standard" installations are up to one hundred twenty-five (125)
feet 4"'ndFed (200) fool' or such greater number as may be provided in
a franchise agreement, from the existing distribution system. If scheduled installation is
neither started nor completed as scheduled, the subscriber will be telephoned by an
employee of the franchisee the same day;
(g) To the extent possible, installation work shall be prioritized as follows:
(1) Service change and rescheduling of appointments for existing
subscribers;
(2) Installation of service for new subscribers;
(3) Disconnection of service for existing subscribers.
Subscribers who have experienced two (2) missed installation or service
appointments due to the fault of franchisee shall receive installation free of charge. If the
installation was to have been provided free of charge or if the appointment was for
service or repair, the subscriber shall receive a credit equal to the cost of standard
installation. .
(h) Disconnection.
(1) Voluntary disconnection.
d. Any security deposit and/or other funds due the subscriber
shall be refunded on disconnected accounts after the customer premises equipment
A.R_n ertef has been recovered by the franchisee. The refund process shall take a
maximum of thirty (30) days from the date disconnection was requested to the date the
customer receives the refund.
(2) Involuntary disconnection. If a subscriber fails to pay a monthly
subscriber or other fee or charge, the franchisee may disconnect the subscriber's
service outlet; however, such disconnection shall not be effected until thirty (30) days
after the due date of the monthly subscriber fee or other charge. Any franchisee granted
an initial franchise or renewal on or after October 12, 1994, shall provide subscriber with
ten (10) days advance written notice of intent to disconnect to the subscriber in
question. If the subscriber pays within forty-five (45) days of the due date and after
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Words underscored are additions.
Temp. Ord. # 1887 — February 8, 2000
Revision # 1 — February 10, 2000
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notice of disconnection has been given, the franchisee shall not disconnect. After
disconnection, upon payment by the subscriber in full of all proper fees or charges,
including the payment of the reconnection charge, if any, the franchisee shall promptly
reinstate service. Franchisee may refuse to reconnect a subscriber or may require a
deposit for subscribers who have been disconnected repeatedly for non-payment.
(1) A franchisee shall develop written procedures for the investigation
and resolution of all subscriber or city resident complaints, including, but not limited to,
those regarding the quality of service and equipment malfunction, which procedures
shall be subject to the review and approval by the city manager and/or designee. A
franchisee's good faith or lack thereof in attempting to resolve subscriber and resident
complaints in a fair and equitable manner will be considered in connection with the
franchisee's renewal application. Franchisee shall maintain a complete list of all
complaints not resolved within seven (7) days of receipt and the measures taken to
resolve them. This list shall be compiled in a form to be approved by the city manager. It
shall be compiled on a monthly basis. The list for each calendar month shall be supplied
to the city manager and/or designee upon request. 'rev-iateFthaR the fifteenth day of the
Rext w,.,,,+h Franchisee shall also maintain a list of all complaints received, which list
will be available to the city manager or his designee.
(n) Franchisee shall abide by the following requirements governing
communications with customers, bills and refunds:
(1) Each franchisee shall provide to subscribers written information in
each of the following areas at the time of installation, at least once annually, and at any
future time upon request by the subscriber:
office;
(p) Billing.
a. How to use the cable service;
g. The telephone number and address of the franchisee's e"
(3) The franchisee's billing statement must show a specific payment
due date not earlier than fifteen (15) days after the date the statement is mailed. Any
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Words underscored are additions.
Temp. Ord. # 1887 — February 8, 2000
Revision # 1 — February 10, 2000
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balance not received within thirty (30) days after the due date may be assessed an
administrative charge. Any administrative charge imposed as a late fee must bear a
reasonable relation to the real cost of handling and collecting the late fee, must not
constitute a tool of profit for the collection of additional revenues, and must not be
exorbitant. Any late fee charged to subscribers must in
bear a reasonable relation to the harm
incurred by the Franchisee plus the real cost of handling and collecting the late fee.
The Franchisee shall bear the burden of proving that any such late fee is reasonable.
(s) Franchisee shall take reasonable att actions and implement reasonable att
practices necessary so te iRGUFe that the cable system provides uninterrupted regular
service to the extent possible to residential and business subscribers in the year 2000
and beyond for the term of this Agreement. Franchisee shall at all times be in
compliance with any and all federal, state and local law, rules and regulations including
but not limited to the provisions of this Ordinance with respect to any matters related to
the change in the date from calendar year 1999 to the year 2000. F a^^hisee r'hll
(t) Responsibility for the administration of this Ordinance and any franchise
granted hereunder and for the resolution of all complaints against a Franchisee
regarding the quality of service, equipment malfunctions, and related matters, including
the authority to order refunds or fees, is hereby delegated to the City Manager or his
designee, who is empowered, among other things, to settle, or compromise any
controversy arising from operations of the Franchisee, either on behalf of the City, the
Franchisee or any subscriber, in accordance with the best interests of the public. Any
decision made by the City shall be provided to the Franchisee in writing and delivered
pursuant to Section 5.5-53 herein. Franchisee shall have ten (10) days from receipt of
such written decision to respond in writing to such decision. In cases where 10� days
has elapsed from receipt of notice and requests for service have been ignored or in
cases where the service provided remains +s unsatisfactory for der reasons within
franchisee's control, the City Manager or his designee shall have the power to require
the Franchisee to provide service if in the opinion of the City Manager or his designee
such request for service is reasonable. Provided, that any person aggrieved by a
decision of the City Manager or his designee, including the Franchisee, may appeal the
matter to the City Commission for hearing and determination. The City Commission
may accept, reject or modify the decision of the City Manager or his designee. No
adjustment, settlement, or compromise, whether instituted by the City Manager or his
designee or by the City Commission shall be contrary to the provisions of this
Ordinance or any franchise agreement issued pursuant to this Ordinance, and neither
the City Manager or his designee nor the City Commission, in the adjustment,
settlement, or compromise of any controversy shall have the right or authority to add to,
modify or delete any provision of this Ordinance or of the Franchise, or to interfere with
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Temp. Ord. # 1887 — February 8, 2000
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any rights of subscribers or any Franchisee under applicable Federal, or State law or
private contract.
(u) The City must provide affected Franchisees no less than ninety (90) days
written notice of its intent to enforce the standards set forth in Section 5.5-39(a)-(s).
Enforcement of such standards shall be governed by the following:
(3) In assessing fines against a Franchisee, the City Manager or his
designee shall be governed by the schedule set out below. The fines listed are to be
assessed on a per violation basis with each day of a continuing violation constituting a
separate violation.
SCHEDULE OF FINES
SINGLE VIOLATION OF:
MAXIMUM FINES
(a)
Section 5.5-39(a), hereof.
$100,00
(b)
Section 5.5-39(b), hereof.
$300.00
(c)
Section 5.5-39(c), hereof.
$300.00
(d)
Section 5.5-39(d), hereof.
$300,00
(e)
Section 5.5-39(e) and (f), hereof.
$300.00
(f)
Section 5.5-39 (h), hereof.
$300.00
(g)
Section 5.5-39(i), hereof.
100.00$69S-W
(h)
Section 5.5-390), hereof.
1$ OO.00s2Q04Q
(i)
Section 5.5-39(k), hereof.
$100.00
0)
Section 5.5-39(l), hereof.
100.00$599-99
(k)
Section 5.5-39(m), hereof.
100&L%609-A0
(1)
Section 5.5-39(n)(1)(a) - (1)(i),
$100.00
hereof.
(m)
Section 5.5-39(n)(2), hereof.
100.00$599-99
(n)
Section 5.5-39(n)(3)-(5), hereof.
100.00$599-A9
(o)
Section 5.5-39(n)(6), hereof.
$200.00
(p)
Section 5.5-39(p) and (q), hereof.
100.00$24949
(q)
Section 5.5-39(r), hereof.
100.00$599-99
(r)
Section 5.5-39(s), hereof
100.00$4-A99.
(7) Franchisee may appeal any decision of the City Manager or his
designee directly to the City Commission within thirty (30) days of notice of the decision
to the Franchisee. No refunds, fines, or other assessments pertaining directly to the
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Words underscored are additions.
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Temp. Ord. # 1887 — February 8, 2000
Revision # 1 — February 10, 2000
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decision under appeal may be ordered during theperiod- of time that a Franchisee
appeals the decision of the city manager or designee.
SECTION 4: Codification: It is the intention of the City Commission and
it is hereby ordained that the provisions of this ordinance shall be made a part of the
Code of Ordinances of the City of Tamarac, Florida, and that Sections of this Ordinance
may be renumbered or relettered and the word "Ordinance" may be changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention.
SECTION 5: Conflicts: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6: Severability: If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this Ordinance than can be given affect without
the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
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Words underscored are additions.
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SECTION 7: Effective date:
immediately upon adoption.
Temp. Ord. # 1887 — February 8, 2000
Revision # 1 — February 10, 2000
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This Ordinance shall become effective
PASSED, FIRST READING this v? 3 ha day of %4,dakkA , 2000.
PASSED, SECOND READING this �- day of
ATTEST:
CAROL. GOLO, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
approved this ORDCNANC
MVCHELL. S. IKRA
CITY ATTORNEY
AL�
xJgE SCHRIEBER
(-I IAYOR
RECORD OF COMMISSION
MAYOR __ SCHREISER
DIST 1:
COMM. PORTNER T
DIST 2:
V M MISHKIN
DIST 3:
COMM. SULTANM
DIST 4:
_ COMM. ROBERTs
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Words underscored are additions.