HomeMy WebLinkAboutMINUTES - 06181991 - IO.1 _ 1.0. -1
TO: BOARD OF SUPERVISORS `*�"--------
Contra
FROM: INTERNAL OPERATIONS COMMITTEE - Costa
County
DATE: June 10 , 19 91 c°sr'-- -----'`Av
q count
SUBJECT:REPORT ON CABLE TV FRANCHISE PRACTICES RELATING TO THE IMPOSITION
OF LATE CHARGES AND POLICY ON ' DISCONNECTING SERVICE FOR
NON-PAYMENT OF. CHARGES FOR SERVICE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Introduce, waive reading and fix June 2.5, 1991 for adoption
of an ordinance imposing additional customer service
standards on franchised cable television operators in the
unincorporated area of Contra Costa County.
2 . Receive any testimony. members of the public may wish to
provide to the Board of Supervisors. on the content of the
proposed ordinance.
3 . At the . conclusion of the hearing, determine whether the
Board wishes to make any additional changes to the ordinance
before considering its adoption on June 25, 1991..
4. Leave on referral to the Internal Operations Committee
oversight of the subject of cable television franchising in
the unincorporated area of Contra Costa County.
BACKGROUND:
On May 13 , 1991, our Committee asked staff to meet with cable
operators to discuss late fee and disconnect policy alternatives
which would both be compatible with their billing systems and
fair to their customers.
CONTINUED ON ATTACHMENT: —RYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATX- SCHRODER
NDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES; SUNNE WRIGHT MC PEAK
ACTION OF BOARD ON JunA 180 1 eq i APPROVED AS RECOMMENDED X and OTHER X
Also, REQUESTED staff to revi=ew and report to the Board on policies regulating the uses
of satellite dishes.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I III ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS THE DATE SHOWN.
CC: County Administrator �8 �qqi
County Counsel ATTESTED
Cable TV Franchise Administrator PHIL ATCHELOR,CLERK OF THE BOARD OF
Assistant Cable TV Franchise Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY DEPUTY
.. I .O. -1 .
M2_
On June 10, 1991 our Committee met with cable television
franchise staff from the County and representatives from
Televents and its parent company, TCI. Sara Hoffman, Cable TV
Franchise Administrator, reviewed the attached report with our
Committee. This report outlines the current policy of each of
the operators who was present at a recent meeting with staff.
Staff has outlined two alternatives, either of which staff felt-
were within the parameters outlines by our Committee.
Alternative #1, . summarized as a 40 and 50 day policy, would
require that a late fee not be imposed until 10 days after the
completionof service for a specified billing period (normally 40
days after the beginning of the service period) and that service
not be disconnected until 10 days after the late fee assessment
date ( 40 days plus 10 = 50 days) .
Alternative #2 is identical to Alternative #1 in terms of the
late fee. However, it shortens the period of time for
disconnection of service to 5 days after the late fee (summarized
as a 40 and 45 day policy) .
Our Committee believes it is inappropriate to impose a late fee
until some period of time after the delivery of all service which
has been billed. We also .believe that it. is inappropriate to
disconnect service until a reasonable period of time has expired
after the late fee is imposed. ' While we would like to move in
the direction of an even longer period. of time between- the date
the late fee is imposed and the date disconnection can- occur, we
are also ' sensitive to the cash flow needs of the cable TV
companies. We are, therefore, recommending Alternative # 2
because it provides a tight but acceptable period of time after
the imposition of the late fee before service .is disconnected,
particularly if a mailgram or telephone call is used in an effort
to insure the customer is aware of the impending disconnection of
service.
As- is noted in the attached staff report, . Alternative #2 is
consistent with the current practices of all but one of the
companies which met with staff. This was the one company which
chose to meet with our Committee.
At our meeting on June 10, 1991 with Televents and their parent
company, TCI, Mr. Jeff Smith from TCT indicated his belief that
the Board of Supervisors has no authority to regulate the period
of time within which late fees and disconnection of service occur
because this is preempted by federal law, which prohibits local
governments from regulating cable TV rates. However, staff from
the County Counsel's office pointed out that the regulation being
proposed by our Committee is more in the nature of a customer
services standard than it is in terms of rate regulation. We are
not suggesting that the Board attempt to regulate the amount of
the late fee or the amount of a reconnection fee should service
be disconnected. All, we are recommending is additional
regulation of the service standards which we believe residents in
the unincorporated area. of the County are demanding from the
complaint calls- we and staff have received.
We are, therefore making the above recommendations and would urge
the Board to endorse them.
ORDINANCE NO. 91-
(Cable Television Billing, Late Fees, Disconnection
of Service and Notification of Rate Changes)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the .County Ordinance Code) :
SECTION I . SUMMARY. This ordinance amends Section 58-8 . 020 of
the County Ordinance Code to specify requirements for billing,
late fees, disconnection of service and notification of rate
changes .
SECTION II . AUTHORITY. This ordinance is enacted, in part,
pursuant to the authority of Section 58-10 . 012 of the County
Ordinance Code, Section 7 of Article 11 of the California
Constitution, and Section 552 of Title .47 of the United States
Code.
SECTION III . Section 58-8 . 020 of the County Ordinance Code is
amended to read:
58-8. 020 Billing, late fees, disconnection of service and
notification of rate changes. (a) Bills for service may be
monthly or bimonthly. However, subscribers requesting monthly
billing for their service shall be billed monthly by the grantee
and allowed to pay such charges in that manner. Nothing in this
section shall prohibit voluntary prepayment of services by
subscribers .
(b) Charges on a bill shall not be deemed delinquent and a
subscriber shall not be subject to a late fee, so long as payment
is received from the subscriber within ten days after the end of
the period covered by the bill .
(c) Before disconnecting a subscriber's service for non-
payment, the grantee shall, by Cablegram, T-gram, mailgram,
telegram or other means approved in advance by the county
administrator, give the subscriber at least five days ' written
notice of intention to disconnect. The notice shall specify a
deadline for payment to avoid disconnection, which deadline shall
be at least five days after the delinquency date described in
subpart (b) of this section. Provided the grantee has given such
notice to ' the subscriber, if payment for the delinquent charges
and any applicable late fee is not received by the deadline, or
if the subcriber' s payment is dishonored by the bank, the grantee
may disconnect the subscriber' s service without further notice .
-1-
ORDINANCE NO. 91-
(d) The grantee shall inform subscribers in writing of all
rate changes at least -thirty days prior to their effective date.
A copy of such notice or facsimile shall be provided to the
county at the time of subscriber notification.
(Ords. 91- §3, 82-28 §1 ) .
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage this
ordinance shall be published once with the names of supervisors
voting for and against it in the a
newspaper published in this County.
PASSED on June 18 , 1991 , by the following vote:
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
By:
Deputy Chair, Board of Supervisors
[SEAL]
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ORDINANCE NO. 91-
ORDINANCE NO. 91-
(Cable Television Billing, Late Fees, Disconnection
of Service and Notification of Rate Changes)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I . SUMMARY. This ordinance amends Section 58-10. 012 of
the County Ordinance Code (i.e. , prior code § 6435 ) , as it
existed immediately prior to the effective date of Ordinance No.
82-28, to require additional or greater standards for billing,
late fees, disconnection and notification of rate changes .
SECTION II . AUTHORITY. This ordinance is enacted, in part,
pursuant to the authority of Section 58-6 . 016 of the County
Ordinance Code (i .e. , prior code .§ 6416 ) , Section 7 of Article 11
of the California Constitution, and Section 552 of Title 47 of
the United States Code.
SECTION III . Section 58-10 .012 of the County Ordinance Code
(i.e. , prior code § 6435 ) , as it existed immediately prior to the
effective date of Ordinance No. 82-28, is amended to read:
Section 58-10 . 012 . Service to Subscriber.
(a) No person, firm or corporation in the existing service
area of the grantee shall be arbitrarily refused service;
provided, however, that the licensee shall not be required to
provide service to any subscriber who does not pay the applicable
connection fee or service charge, as provided in this section.
(b) Bills -for service maybe monthly or bimonthly.
However, subscribers requesting monthly billing for their service
shall be billed monthly by the grantee and allowed to pay such
charges in that manner. Nothing in this section shall prohibit
voluntary prepayment of services by subscribers .
(c) Charges on a bill shall not be deemed delinquent and a
subscriber shall not be subject to a late fee, so long as payment
is received from the subscriber within ten days after the end of
the period covered by the bill .
(d) Before disconnecting- a subscriber's service for non-
payment, the grantee shall, by Cablegram, T-gram, mailgram,
telegram or other means approved in advance by the county
administrator, give the subscriber at least five days ' -written
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ORDINANCE NO. 91-
written notice of intention to disconnect. The notice shall
specify a deadline for payment to avoid disconnection, which
deadline shall be at least five days after the delinquency date
described in subpart (c) of this section. Provided the grantee
has given such notice to the subscriber, if payment for the
delinquent charges and any applicable late fee is not received by
the deadline, or if the subcriber's payment is dishonored by the .
bank, the grantee may disconnect the subscriber's service without
further notice.
(e) The grantee shall inform subscribers in writing of all
rate changes at least thirty days prior to their effective date.
A copy of such notice or facsimile shall be provided to the
county at the time of subscriber notification.
SECTION IV. APPLICABILITY. This ordinance shall apply to all
licenses granted prior to June 3, 1982 (i .e. , those licensees
subject to S III of Ord. .No. .82-28) . Pursuant to Section 58-
6 . 016 of the County Ordinance Code (i.e. , prior code S 6416 ) , the
affected licensees shall comply with this ordinance within ninety
(90 ) days after the effective date hereof .
SECTION V. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage this
ordinance shall be published once with the names of supervisors
voting for and against it in the a
newspaper published in this County.
PASSED on June 18, 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
By:
Deputy Chair, Board of Supervisors
[SEAL)
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-2-
ORDINANCE NO. 91
OFFICE OF THE COUNTY• ADMINISTRATOR
C O N T R A C OST A C 'O U N T Y
Administration Building
651 Pine Street, 11th Floor
Martinez, California
DATE: June 6, 1991
TO: Internal Operations Committee
FROM: Sara Hoffman, Franchise Administrator -J
SUBJECT: CABLE TELEVISION CUSTOMER SERVICE POLICY ON
LATE FEES AND DISCONNECTS
On May 13, 1991, the IO Committee directed staff to meet with
cable operators to discuss late fee and disconnect policy
alternatives that would be both compatible with their billing
systems and fair to their customers.
Staff invited all nine cable systems to a meeting to discuss
these issues on May 22, 1991. Representatives from Century
Cablevision, Concord TV Cable, Televents, Inc. , United Artists
Cable and Viacom Cablevision/Antioch were present.
As currently drafted, the proposed ordinance allows a late fee to
be levied no less than 15 days after the end of the period
covered by the bill and disconnect no less than 10 days after the
late fee date. Following is a summary of the impact those
changes would have on current cable company policies:
CABLE COMPANY LATE FEE DISCONNECT
Century Cable Levy 6 days later Disconnect 9 days later
Concord TV Cable Levy 5 days later No impact- 13 days
sooner
Televents, Inc. Levy 6-7 days later Disconnect 6-8 days
later
United Artists Cable No impact- No impact- 20 days
No late fee charge sooner
Viacom Cablevision No impact- 20 days No impact- 23 days
sooner sooner
Concord TV Cable is proposing .a change in their late fee policy
to levy late fees 4 to 9' days after the service has been
received. Televents,Inc. also informed staff that corporate
offices may require them to revert to their former policy of
collecting late fees 30 days after the billing date or 2-3 days
before the end of the service period. Cable companies currently
can alter their late fee or disconnect policies at will since the
issue is not regulated in the current cable ordinance. (The
draft ordinance corrects this deficiency. )
Other Billing Practices
Cable Operators suggested that we review Pacific Bell' s current
late fee policy. Staff contacted the Administrative Offices of
Pacific Bell and P G and E. Pacific Bell charges a 1. 5% late
charge for.. services over $20 on the Pacific Bell portion of the
bill only, 2.-3 days after receipt. of service. No late fees are
charged for bills under $2.0 or for `the long distance portion of
the bill. P G and E does not charge late charges. Both utilities
are regulated by the PUC.
State and Federal Law
Proposed state legislation, AB821 (Moore) , would . require
additional customer service standards and. includes amended
consumer language that prevents cable operators from assessing a
late fee any earlier than 30 days after the bill has been mailed.
Disconnects could occur on the 31st day after the bill has been
mailed. However, many companies' bills are mailed 2-3 days
before their service period begins, therefore late fees could be
. assessed before a customer receives a full month of service.
The Cable Communications Policy Act of 1984 gives local
government the authority to enforce Customer Service Standards.
County Cable Ordinance No. 82-28, Section 58-10.012 states that
the County may amend any partof this division so as to require
"additional standards on the part of the grantee. " The
Board of Supervisors can amend Ordinance 82-28 to require
implementation of a late fee and disconnect policy.
Policy Alternatives
In recognition of the impact of the proposed amended ordinance on
the cable operators -and concerns about their bad debt reductions
and in ' response to the customer complaints surrounding these
issues, staff has provided two alternative amendments to the
cable ordinance for the Board's consideration.
Alternative 1: Assessment of a late fee no less than 10 days
after the end of the service period and disconnection no less
than 10 days after the late fee assessment date. Alternative 1
is consistent with three of the five companies present at the
meeting and also gives the customer additional time.
Alternative 2: Assessment of a late fee no less than 10 days
after the end of the service period and disconnection no less
than 5 days after the late fee assessment date, provided that the
cable operators must send a cablegram to the customer notifying
them of the disconnect date. Alternate 2-would give the cable
operators more flexibility in selecting the day of .the week for
disconnect (to avoid Friday disconnects) . It is consistent with
the current policies of four of the five companies present at the
meeting. On the other hand, this alternative would give the
customer very limited notice time prior to disconnect.
_
C
CENTURY
CABLE .
5327 JACUZZI STREET, SUITE 1C • P.O. BOX 758 • RICHMOND, CALIFORNIA 94804 • (415) 525-9567
MAY 28, 1991
DELINQUENT CUSTOMER POLICY:
The current bill received the last week of the previous. month-
is due by the 10th of the current month.
At 24 days, when we do cut-off, the customer will receive a reminder
notice if bill isn ' t paid which is due "upon receipt. " If the bill
is not paid by the 9th of the following month it generates a t-gram with
a $10.00 processing fee .
On the :16th of the month we generate DWO (disconnect work order ) . If we
have to collect at the customer ' s home, we collect the bill in full and
a $25.00 collection fee.
If a customer 's account is disconnected for non-payment they must pay
the bill in full , a $40.00 reconnect charge and 1st month service in
advance.
EXAMPLEi
1st June - new bill due by' June 10th .
1st July - Reminder notice, due upon receipt
9th July - T-gram $10.00 .processing fee
16th July - Dwo $25.00 collection fee if we collect at the door
$40.00 received if we disconnect for a non-pay plus 1st
month service in advance..
Concord TV Cable Billing Procedures
Our billing procedures are patterned after Pac Bell's to the extent that the regular monthly services
are billed-in-advance and the Due Date is the last day of the service period. However, computer
restraints dictate that our Preparation and Mailing be done before the beginning of the service
period. Therefore, statements cannot show credit for payments made on time but received after the
preparation date. Pac Bell's Preparation and Mailing is done within the service period and
therefore their statements do show credit for all payments received on time. A future computer
enhancement will permit us to effectively duplicate Pac Bell's procedure.
The following illustrates current and future projected procedures:
Current Procedures Future Proiected Procedures 6D�
Preparation &Mailing, 1st Billing
Statement Recd by Customer �=---3
E—Preparation & mailing, 1st Billing
1st -(—Statement Recd by Customer
Preparation&Mailing,2nd Billing
(w/message re Late Fee&potential NPD)
Statement Recd by Customer Due Prep. &Mailing ,2nd Billing.Late Fee
(34t4-39th day)*
tatement Recd by Customer
Late Fee(40th-45th Day) I, Cablegram scheduling NPD
2nd F---Cablegram recd by Customer
Preparation &Mailing,3rd Billing
(w/mesaage re scheduled NPD)
Cablegram (supplemental NTPD Notice) L._Nor.=Pay Disconnect(58th -63rd Day)*
Statemert&Cable_=m.Rec'd by Customc
lr
3rd
Non-Pay Disconnect(68th-73rd Dar)
(the Wed.&Thurs.before a second Late Fee
would be triggered)
* The periods date from the-first day of the lst service period.
CONCORD TV CABLE
Inter-Company Memorandum
From: Ernie Nelligan Date: 5/20/91
To: All CTVC Employees
Billing Procedures
Historically, the cable industry prepared and mailed billing statements in advance of the service .
period and with the Due Date within the first 10 days of the service period. Concord TV Cable
was no exception. For more than 20 years our Due Date was the 1 Oth day of the service period
and Non-Pay Disconnects .(NPDs) were in the range of 70 - 75 days (i.e. the 3rd service
period).
Even with the enhancement of premium pay services (HBO, Showtime, etc.), this scheduling
held up. However, Pay-Per-View Movies and Events introduced new concerns. Delinquent
dollar amounts were considerably increased. Also, billing statements now included basic and
premium pay, due-in-advance and -- - .view due-after-receipt-of-service. Additionally,
the increased dollar amounts seemed to increase the focus of customer objection on the "due-
in-advance" as different from "due-after-receipt" generally required by other providers. We
turned to Pac Bell for information on how their billing procedures accommodated. their regular
monthly services,billed in advance,and their call charges billed after the service was provided.
We found that Pac Bell prepares their monthly statement within the first few days of the
service period (including the call charges from the previous month); the Due Date is the last
day of the service period; Late Charges are assessed at the time the next monthly billing
statement is prepared and are included on the statement; and Non-Pay- Disconnects are made no
earlier than the 15th day of the second monthly service period. They, however, make every
possible effort to not disconnect for non-payment and review individual past payment patterns
to accommodate long-term customers.
While we would have liked to also make our Due Date the last day of the service period, we found
that our computer billing.software would not permit moving the preparation date to within the
service period. Therefore, the billing statement for the next service period could not include
credit for a payment received on or before the Due Date but_after the preparation date of the
next billing statement.
We decided, nevertheless, to break with historical industry procedures, to initiate a
"customer-friendly" Due Date after-receipt of services and to explain to our customers our
existing inability to move the preparation date.
New billing procedures initiated on February, 1990 were:
° Preparation Date on the Friday before the service period
° Mailing by mail house on the following Wednesday
° Due on the last day of the service period
° Non-Pay Disconnect on the 50th - 55th day
(on Tues., Wed, and Thurs only to permit reconnects before Sunday)
The Non-Pay Disconnect has since been extended to 68th - 73rd days (and on Wed'and Thurs
only) in consideration of our continuing inability to move the preparation date to within the
service period. A future computer enhancement to permit moving.the preparation date to within
the service period will result in our also moving Non-Pay Disconnects to somewhere in the 58
- 63 day range.
We have not recommended that other Western Communications systems change their billing
procedures. Any change in the Due Date must be supported by software that permits also
changing the preparation date. When software enhancements permit, we will recommend that
all of the Western Communications systems adopt similar customer-friendly, due-only-after-
receipt-of-service billing procedures.
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Our billing consists of four (4 ) cycles by service area:
Cycle 1 - 1st through 31st
Cycle 8 - 8th through 7th
Cycle 15 - 15th through 14th
Cycle 22 - 22nd through 21st
Preparation and mailing 1st billing: Bill generated five (5)
days before each billing cycle. starts, to give time for
processing of statement and mail time to customer. Examples :
Cycle 1 - Billing Dates 5-1-91 through 5-31-91
Bill generated 4-25-9.1
Cycle 8 - Billing Dates 5-8-91 through -5-3i-91
Bill generated 5-3-91
Cycle 15 - Billing Dates 5-18-91 through 5-31-91
Bill generated 5-10-91
Cycle 22 - Billing Dates 5-22-91 through 5-31-91'
Bill generated 5-18-91
Statement should be received by customer approximately five ( 5 )
days after invoice date. (Weekends and Holidays can cause delay
in mailing time) . Examples :
Cycle 1 - Receive ,Statement approximately 5-1-91
Cycle 8 - - Receive Statement approximately 5-8-91
Cycle 15 - Receive Statement approximately 5-15-91
Cycle 22 - Receive Statement approximately 5-22-91
Due dates on all current statements are due 27 days from invoice
and also a date to avoid late fee of $3 . 50 is printed on
statement. Late fees are assessed 35 days from current invoice
date on statement. (Late fees will be assessed last day of
monthly billing date) . Examples :
Cycle 1 - Invoice Date 4-25-91
Due Date 5-22-91
Late Fee 5-31-91 .
Cycle 8 - Invoice Date 5-3-91
Due Date 5-30-91
Late Fee 6-7-91
Cycle 151- Invoice Date. -5-10-91
Due Date 6-6-91
Late Fee 6-14-91
Cycle 22 - Invoice Date 5-17-91
Due Date 6-13-91.
Late Fee 6-21-91
Second billing has message notifying of late fee date once again
and a scheduled non-pay deactivation date. We do give a date to
make payment by - which is two (2 ) days prior disconnect date to
avoid deactivation. of service. If an account is 45 days past due
from current invoice, it is subject to deactivation.
We do our non-pay disconnects on Wednesdays of each week. We do
.make courtesy calls as time allows to accounts that will be
scheduled for deactivation. We pull a report the Thursday prior
to the scheduled disconnect date. Customers are made aware that
two ( 2) statements have been sent and the second .statement
reflects payment has not been- received and . a disconnect is
scheduled with date. Customer appreciates our call and usually
responds and makes payment. We also accept MasterCard and Visa
by phone which saves customers a trip or in some instances a
stamp! !
Attached are examples of bill messages .
First Billing Current #13.
Second Billing #21 and #25 ( for accounts 60 days past due)
a# PRINT KEY FROM=W2 BY USERZ 203SL 05/23/91 12.02.22 ##
S Y S T E M C 0 N F I G U R A T I O N D A T A CLO05J
MESSAGE BOARD CONTROL SYSTEM NO. 02 MESSAGE N0, 13
MSG. LINE 1 ## MESSAGE ## - PAYMENT IS DUE 3Y 06/20/91 -
MSG. LINE 2 TO AVOID $3.50 LATE FEE PAYMENT MUST BE RECEIVED By 09/30/91
MSG. LINE 3 = WATCH FOR YOUR CUSTOMER NEWSLETTER "TELENEWS" REGARDING
MSG. LINE 4 IMPORTANT INFORMATION ON JULY RATE ADJUSTMENTS AND CHANNEL
MSG. LINE 5 REALIGNMENTS.--= ## 1 DE JULIO EL CANAL KDTVl141 FUE CAMBIADO
MSG. LINE 6 PARA EL CANAL 42. EN LA REVISTA "TELENEWS" ENCONTRARA UNA
MSG. LINE 7 TARJETA QUE INDICA TODOS LOS CANALES OUE OFRECEMOS. ##
MSG. LINE 8
MSG. LINE 9
MSG. LINE 10
MSG. LINE 11
MSG. LINE 12
MSG. LINE 13
MSG. LINE 14
MSG. LINE 15
MSG. LINE 16
MSG. LINE IT
MSG. LINE 18
MSG. LIN_ 19
MSG. LINE 20
NEXT SYS. 02 MSG. NO. 13 CMDS/ 4=DELETE• 7=EOJ9 9=SYS CONFIG MENU
## ##
## PRINT KEY FROMW2 BY USER=203SL 05/23/91 12.21.15
##
S Y S T E M C O N F I G U R A T I O N D A T A CLO05J
MESSAGE BOARD CONTROL SYSTEM N0. 02 MESSAGE NO. 21
MSG. LINE i # MESSAGE ## PAYMENT HAS NOT BEEN RECEIVED AS OF THIS
MSG. LINE 2 .INVOICE DATE. AS OF 05/31/91 A 53.50 LATE FEE BILL BE
MSG. LINE 3 APPLIED. FULL BALANCE MUST BE PAID BY06/17/91•; TO
MSG. LINE 4 AVOID DEACTIVATION ON -:06/19/91= .IF PREVIOUS BALANCE
MSG. LINE 5 HAS BEEN MADE SINCE THE INVOICE DATE PLEASE DISREGARD
MSG. LINE '.6 DEACTIVATION NOTICE:: THANK YOU FOR PAYMENT.
MSG. LINE 7 ### REACTIVATING SERVICE WILL INCUR AN ACTIVATION FEE ###
MSG. LINE 8
MSG. LINE 9
MSG. LINE 10
MSG. LINE 11
MSG. LINE 12
MSG. LINE 13
MSG. LINE 14
MSG. LINE 15
MSG. LINE 16
MSG. LINE 17 _
MSG. LINE 18
MSG. LINE 19
MSG. LINE 20
NEXT SYS. 02 MSG. NO. 21 CMDS/ 4=D£LETE9 7=EOJ9 9=SYS 40NFIG MENU
# PRINT KEY FROM'N2 BY USER=203SL 05/23/91 . 12.21.25 ##
S Y S T E M C O N F I G U R A T I O N D A T A CLO05J
MESSAGE BOARD CONTROL SYSTEM N0. 02 MESSAGE N0. 25
MSG. LINE 1 ## MESSAGE
MSG.. LINE 2 # PLEASE BRING PAYMENT IMMEDIATELY TO ONE OF OUR TWO #
MSG. LINE 3 # BILLING CENTERS TO AVOID DEACTIVATION OF SERVICE. #
MSG. LINE 4 # IF PREVIOUS BALANCE HAS BEEN MADE SINCE THE INVOICE DATE #
MSG. LINE 5 # PLEASE DISREGARD DEACTIVATION NOTICE! #
MSG. LINE 6 ############################################################
MSG. LINE 7
MSG. LINE 8
MSG. LINE . 9
MSG. LINE 10
MSG. LINE 11
MSG. LINE 12
MSG. LINE 13
MSG. LINE 14
MSG. LINE 15
MSG. LINE 16
MSG. LINE 17
MSG. LINE 18
MSG. LINE 19
MSG. LINE 20
NEXT SYS. 02 MSG. NO. 25 CMDS/ 4=DELETE• 7=EOJ9 9=SYS CONFIG MENU
United Artists Cablesystems Corporation
1267 Arroyo Way
Walnut Creek, CA 94596
(415) 933-1212
FAX (415) 933-0324
41
1ILUAHIED1N ,
UNITED ARTISTS CABLE - WALNUT CREEK
BILLING PROCEDURES
1 . Statements, are prepared monthly by our billing service (Cable
Data, Sacramento) . The cutoff date for cable services is
between the 20th- and 24th of each month. New subscribers or
disconnected subscribers are prorated on the number of days
used within the month.
2 . Statements are mailed within 2 to 3 days of cutoff date and
under normal conditions , arrive at the customers ' homes
between the 27th. and the 30th of the month.
3 . Due date for the current statement"s is the 10th of the month.
Past due accounts after 30 days receive a due date of "PAST
DUE" .
4 . Customers receive three statements plus a cablegram before
service is disconnected.
a. Statement #1 . . . current billing for the coming month.
10th of the month due date.
b. Statement #2 current billing plus 30 ..days past due.
Message on statement is friendly reminder of past due
account.
C. Statement .#3 . . . current billing plus 60 days - past due.
Message on statement notifies customers that the payment
is due and payable on or before the 15th of the month or
service will be terminated.
d. Cablegram mailed between the 8th & 10th notifies
customers with 60 days balance due plus 15 days in 3rd
month (75 days) that . payment is due immediately and
service will be disconnected on the 15th if not received.
e. If disconnected, past due plus $25 . 00 reconnect fee
required prior . to reconnection. This $25 . 00 non-pay
disconnect fee can be overruled by office manager if
circumstances warrant.
f. Late payment fee is planned to be instigated in 1991 .
System waiting to .see what state legislation decrees .
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A
AMENDED IN ASSEMBLY MAY 2, 1991
AMENDED IN ASSEMBLY APRIL 15, 1991
AMENDED, IN ASSEMBLY APRIL 8, 1991
CALIFORNIA LEGISLATURE-1991-92 REGULAR SESSION
ASSEMBLY BILL No. 821
Introduced by Assembly Member Moore
(Coauthor: Senator Rosenthal)
February 27, 1991
An act to add Division 8 (commencing.with Section 19000)
to the Public Utilities Code, relating to cable television.
LEGISLATIVE COUNSEL'S DIGEST
AB 821, as amended, Moore. Cable television.:
(1) Existing law empowers any city or. county or city and
county in the state to authorize by franchise or license the
construction of a community antenna -television "system.
Existing law, which is operative until January 1, 1992, permits
the legislative body or bodies having jurisdiction over the
franchise area to establish procedures, by ordinance,
providing for resolution of individual consumer complaints
against community antenna television systems.
This bill would enact the Video Consumers' Bill of Rights.
It would require all video providers to provide a minimum of
30 days' written notice before increasing rates or deleting
channels, except as otherwise specified. It would require
every video provider, as defined, to allow every residential
customer who pays the video provider directly, at least 15
days from the date the video provider mails its bill for services
to pay the charges demanded, unless otherwise agreed to
pursuant to a written contract or rental agreement. It would
also require notice of delinquency and impending
96 80
AB 821 — 2 --
termination to be given at least 15 days prior to the
termination of service.
The bill would. require video providers to inform their
customers of their complaint and grievance procedures upon
contracting with the customer. The bill would permit a
customer whose complaint or request for an investigation has
resulted in an adverse determination to complain to the city "'
or county in which he or she resides. The bill would require
cities and .counties to resolve disputes concerning rights
granted by its provisions, thereby imposing a state-mandated
local program. The bill would also require the restoration of
service wrongfully terminated without good cause., as
defined, without charge.
The bill would authorize the legislative body of the city,
county, or city and county, by ordinance, to provide a
schedule of penalties for the failure of a video operator to
comply with its provisions, as specified.
The bill would become operative on July 1, 1992.
(2) Under, existing law, the Department of Consumer
Affairsis required to determine the statewide average rates
for cable television systems in California having a capacity of
20 or more video channels.
This bill would require every cable; television operator in
this state to annually file with the department a schedule of
its "applicable rates, charges, and rate structure.
(3) ,The California Constitution requires the state to
reimburse local agencies and school districts for certain'costs
mandated by the state. Statutory provisions establish i
procedures for making that reimbursement.
This bill would provide that no reimbursement is required
by this act for a specified reason.
Voter, majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
96 100
—3 -- AB 821
TheP eoP le of the State of California do enact as follows:
e
1 SECTION 1. Division 8 '(commencing with Section
r 2 19000) is added to the Public Utilities Code, to read:
n 3
a 4 DIVISION 8.' VIDEO CONSUMERS' BILL OF
.s 5 RIGHTS
Y F= 6
e 7 19000. This division shall be known and may be cited
S 8 as the Video' Consumers' Bill of Rights.
3 9 19001. _(a) A video provider is any person, company,
►f 10 or service which provides or transports one ;or more
s 11 channels of video programming to a residence, including
12 -a home, condominium, apartment, or,mobilehome, and
13 where some fee is:paid for that service, whether directly,
a 14 or included in rental or dues. Video providers include
o :15 providers of cable television, satellite master antenna
16 television, - direct , broadcast . satellite; multipoint
17 distribution service, and other providers.,whatever their
r0
18 technology.
r...
'_. TILT :T•
.s 19 -{ }• =Bessie � aihieh
of . 20 ne}tides-the ret remsfflissien of :�
21 (b) 'Material breach" means any substantial and
n j 22 repeated failure to comply with the consumerL service
►f ( - 23standards set forth in Section 19002.
24 19002. (a) Every video provider, shall render
0 25L reasonably . efficient service, aeeerding to
s 26 eStftbligh adhere to
h i 27 , establish iftd -y , make repairs promptly,
-28 and interrupt service•only as necessary.
J 29 (b) All video. provider personnel contacting
30. subscribers or potential subscribers outside the office of
31 the provider shall be clearly identified as associated with
32 the video provider.
33 (c) ,At the time of installation, all video providers shall
34 provide to all customers a written notice of the
35 programming,offered, the prices for that programming,
36 the provider's installation and customer service policies,
37 and the name, address, and telephone number of the
38 local franchising authority.
96 120
b
AB 821 —4
1 (d) All video providers shall have knowledgeable,
2 qualified company representatives available to respond
3 to customer telephone inquiries Monday.through Friday;
4 excluding holidays, during normal business.hours.
. 5s All video providers shall provide to customers a
6 toll-free or local, telephone-number for installation, and
7 ' service, and complaint; calls. .
8 (f) All video providers shall render bills. which are.
9 . ,elear aftdeeeise- accurate and understandable. .
'10 , (g);. The video provider shall respond 'to a complete
11 , outage in a customer's service promptly. The response
12 shall occur within 24 hours of the reporting of such outage
13 to the provider, except in those situations. beyond the
14 reasonable control of the video provider. A video
15 provider shall be deemed to respond to a- complete
16 outage when acompany representative arrives at the
17 outage location within 24 hours and begins,.to resolve the
18,- problem.
- 19 . (h) All video providers shall provide a minimum of 30
20 days' written notice before increasing,rates or deleting
21 channels. The 30-day notice,is waived if,the I increases in
22 rates . or deletion of programmingwere ` outside the
23control of the video provider. In those .cases the video
24 . provider shall make reasonable efforts to . .provide
25 customers with as much notice as possible.
26 (i) Every video provider ,shall allow every residential
27 customer who pays his or her bill directly to the video
28 provider at least 15 days from the date the bill for' -services
29 is mailed to the customer, to pay the listed charges unless
30 otherwise agreed to pursuant to a =gin eettttaez e -
31 rental agrreemeiit, residential �rental agreement
32 establishing tenancy. Customer payments shall be posted
33 promptly. No video provider may terminate residential
34 service for nonpayment of a delinquent account unless .
35 the video provider furnishes .notice`of the delinquency
36 and impending termination at least 15 days, prior to the
37 proposed - termination. The notice shall be mailed,
38 postage prepaid, to the customer.to whom the service is
�39 billed. Notice shall not be mailed until the -16th day after
40 the date the bill for services was mailed to the customer.
96 140
5,
-5— SAB 821
l The notice of ,delinquency and impending termination
2 may be part of a billing statement. No video provider
3 n2ay assess.a late fee. any earlier than the 30th day after
4 the bill for service has been mailed.
5 (j) Every notice of termination of service pursuant to
6 subdivision (i) shall include all of the following
7 information:
8 (1) The name and address of the' customer whose
9 account, is delinquent.
10 (2) The-amount of the delinquency.
11 (3) The date by which payment is required in order to
12 avoid termination of service.
13 (4) The telephone number of a representative of the
14 video provider who can provide additional information
15 and handle complaints or initiate an investigation
16 concerning .the service and charges in question.
17 Service may only.be terminated on days in which the.
18 customer- ,can reach a representative of . the video
19
provider.either in person or by telephone.
20 (k) Any service terminated without good cause shall
21 be restored without charge for the, service restoration.
22 Good cause includes, but,is not limited to, failure to pay,
23 payment by check for which there are insufficient funds,
24 theft of service, op abuse .of equipment or system
25 personnel, or other similar subscriber actions.
26 (l ) A video provider shall' issue requested refund
27 checks promptly, but no later than 45 days following the
28 resolution of any dispute, and following the return of the
29 equipment supplied by the video provider, if service is
30 terminated.
31 (m) Disputes concerning rights granted pursuant to
32 this section shall be resolved by the city, county, or city
33 and county in which the customer resides. For ewe
34 tele e video providers. under Section 53066 of the
35 Government .Code, the franchising authority shall
36 resolve disputes. Nen able, Ift"Itiehan For all other
37 video providers shall register with the city in which they
38 provide service or, where the customers reside in an
39 unincorporated area, in the county in which they provide
40 service. The :registration shall include the name of the
96 150
AB ,821 —6
1 company, its address, its officers, telephone numbers, and
2 ' customer service and complaint procedures. Counties
. 3 and cities may charge ften Ale, these , other ...video
4. . providers a fee to cover the reasonble cost of
5 administering this division.
6 (n) Nothing in this,division preempts the prerogative
7 of a. franchising.authority to adopt and enforce service r
8 standards and consumer protection standards which
9 . exceed those established in this division.
10 (o) , The legislative body of the city, county, or city and
11 county, may, by . ordinance, - provide a schedule of
12 penalties for the .failure of a video operator to comply
13 with subdivisions (a) to (n), inclusive. No monetary
14 penalties shall be assessed for a material breach where
15 the breach is out of the reasonable control of the video
16provider. Further, no monetary penalties may be
17 imposed prior to. the effective date of this section. Any
18 schedule of monetary penalties adopted pursuant to this
19 section shall in no event exceed two hundred dollars
20 ($200) for each day of each material breach,not to exceed
21 six hundred dollars ($600) for each occurrence of
22 material breach. With respect to cable television
23 providers, any monetary ,penalties assessed under this
24 section shall be reduced dollar for dollar to the extent any
25 liquidated damage or penalty provision ofa current cable
26 television ordinance, franchise contract, or license
27 agreement imposes a monetary obligation upon a video
28 provider for the same . customer service failures. This
29 section shall in no way affect the right�of franchising
30, authorities concerning assessment�or renewal of a cable
31 television franchise under the provisions of the Cable
32 Communications Policy Act of 1984.
33 (p) ,If the legislative body ofa city, county, or city and
34 county adopts a schedule of monetary penalties pursuant
35 'to.subdivision (o); both of the following procedures shall
36 be followed
37 (1) The city, county,or city and county shall give the
38 video provider written notice of any alleged material
39 breaches of the consumer service standards of this
40 division and allow the video provider at least 30 days from
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1 receipt of the notice to remedy the specified breach.
2 (2) A material breach for the purposes of assessing
3 penalties shall be deemed to have.occurred for each day,
4 following the expiration of the period specified in
5 paragraph (1), that any material breach has not been
6 remedied by the video provider.
7 (p) This section shall become operative on July 1, 1992.
. 8 19003. By March 1 of each year, every cable television
9 operator shall file with the Department of Consumer.
10 Affairs a schedule of its applicable rates, charges, and rate
11 structure for the area to which it;provides service. The
12 department shall develop a standardized form for
13 reporting this information.
14 SEC. 2. No reimbursement is required by this act
15 pursuant to. Section 6 of Article XIII B of the California
. 16 Constitution because the only costs which may be
17 incurred by a local agency or school district will be
18 incurred because this act creates a new crime or
19 infraction, changes the definition of a crime or infraction,
. 20 changes the penalty for a crime or infraction, or
21 eliminates a crime or infraction. Notwithstanding Section
22 17580 of the Government Code, unless 'otherwise
23 specified in this act, the provisions of this act shall become
24 operative on the same date that the act takes effect
25 pursuant to the California Constitution.
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