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HomeMy WebLinkAboutMINUTES - 06251991 - 1.15 ORDINANCE NO. 91- 33 (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 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 . (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 -1- ORDINANCE NO. 91-3.3 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 _Contra Costa Times a newspaper published in this County. PASSED on June 25, 1991 , by the following vote: AYES : Supe.rv .sors Fanden, Schroder, McPeak., Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk , of the Board of Supervisors anq County. Administrator i Deputy Chair, Board of Supervisors [SEAL] DFS: f jb C-2 a:\dfs\ords\cable.amd —2— ORDINANCE NO. 91- 33 : ORDINANCE NO. 91-34 (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. 91-34 f (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- 34 S3, 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 Contra Costa Times a newspaper published in this County. PASSED on June 25, 1991, by the following vote: AYES: Supervisors Fanden, Schroder,. McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator C Y _ Deputy Chair, Board of Supervisors [SEAL] DFS: fjb C-2 a:\dfs\ords\cable.amd —2— ORDINANCE NO. 91- 34