815 R.I. Code R. 815-RICR-10-05-1.13

Current through December 3, 2024

Section 815-RICR-10-05-1.13 - Customer Service

1.13.1Local Business Office

A. Each CATV System Operator must maintain at least one local business office in the state that shall be open and adequately staffed during normal business hours. Provided, however, that each CATV System Operator providing service in six (6) or more service areas shall have a minimum of three (3) local business offices statewide.

B. Such office shall not only be open during all usual business hours, and adequately staffed, but also provision shall be made so that telephone calls from Subscribers may be received at any time.

1.13.2Complaints by Subscribers

A. Every CATV System Operator shall keep a record or log of all complaints received, quality of service, equipment malfunctions, billing procedure, employee attitude and similar matters. Such records shall be maintained for a period of two (2) years.

B. Such record shall contain the following information for each complaint received.

1. date, time, nature of complaint;

2. name, address, telephone number of complainant;

3. investigation of complaint;

4. manner and time of resolution of complaint; and

5. if the complaint regards equipment malfunction or the quality of reception, a report indicating corrective steps taken, with the nature of the problem stated and the technician or repairman identified by name. (such report shall be made even if no trouble is identified, or if further instruction was required to enable the Subscriber to properly adjust the converter or other terminal device, or if the fault was in the Subscriber's television receiver.)

C. If the Division requests further investigation of a complaint, the CATV Operator will commence such investigation forthwith and proceed expeditiously. A full report of the operator's investigation of the complaint shall be rendered to the Division without delay, indicating whether the complaint had merit, what was done (or is proposed to be done) to resolve it, and when the result can be expected.

D. The FCC customer service obligations contained in 47 C.F.R. § 76.309 (2018) are incorporated in this Part except where such obligations are exceeded, as provided in any Order or approved agreement between the Division and any CATV Company.

1.13.3Notice of Complaint Procedure

At the time of initial installation or reconnection of service, and at least once each year thereafter, every CATV System Operator shall deliver to every Subscriber and user a clear, understandable written statement of the procedure for reporting and resolving complaints, and the process available to him for redress of any service problem or other grievances he may have. Such statement shall list the names, addresses and telephone numbers of these officials or representatives of the operator, the Division, and the FCC to whom complaints should be addressed.

1.13.4Discontinuance of Service

A. Except as otherwise provided in this chapter, no CATV System Operator shall curtail, suspend or discontinue service to any Subscriber, except at the Subscriber's request, or for the following purposes or reasons:

1. to comply in good faith with the order of a court of competent jurisdiction;

2. to make temporary or permanent repairs or improvements in the system or its equipment;

3. to prevent a hazard to persons or property resulting from the condition of the installation or the Subscriber's equipment;

4. because of failure to pay a valid bill due for service furnished at a present or previous location or to make or increase a proper deposit;

5. because the Subscriber has removed or is removing from the premises;

6. because the Subscriber without its approval tapped the system to provide Cable Service to others or otherwise tampered with its facilities;

7. because the Subscriber made fraudulent representations regarding the use of the service within the Subscriber's premises;

8. because the Subscriber so operates or connects his equipment as to cause disturbing effects on the service of other Subscribers or its equipment or facilities;

9. because the Subscriber refuses reasonable access to his premises to its representatives who must have such access to make required inspections or tests or to make adjustments to or service equipment or to legally remove its property or to otherwise comply with conditions of its approved tariff; and

10. because the provision of service to the Subscriber jeopardizes the safety of company employee(s).

1.13.5Discontinuance for Nonpayment of Bills

A. No CATV System Operator shall discontinue service to any Subscriber for nonpayment of bills unless the Subscriber has been sent written notice of the operator's intention to disconnect, mailed so as to be received, under reasonable circumstances, at least ten (10) days in advance of the proposed discontinuance. No such intention notice shall be sent until at least thirty (30) days have elapsed from the date that the bill is mailed or delivered; Provided, however, in case of illegal use of the cable, fraud, or if it is indicated that the Subscriber is prepared to remove from the Service Area, the operator may discontinue service without notice.

B. Where a charge or service is in dispute, the Subscriber or the CATV Operator may request, prior to the date of discontinuance specified in the notice, a review by the Administrator or his designee, who shall investigate the complaint, afford each party to the dispute a reasonable opportunity to be heard, and communicate his findings to the parties. During the pendency of such review, the operator shall not discontinue service to the Subscriber due to the circumstances out of which the dispute arose.

1.13.6Credit Deposits

A. Where a credit of a Subscriber is not established or where a Subscriber is in default in the payment of bills, a CATV System Operator may require as a condition of supplying or continuing service deposit not exceeding the estimated average charge for service during any two-month period.

B. Where a Subscriber who has made a deposit fails to pay a bill, the CATV System Operator shall apply the deposit insofar as necessary to liquidate the bill, and may require a restoration of the deposit.

C. Upon closing any Subscriber account for which a deposit has been paid, the CATV System Operator shall promptly return the balance remaining after the closing bill for service has been settled to the depositor with the interest due.

D. If a Subscriber who has paid a deposit establishes satisfactory credit by payment of all bills within the allowed time during a period of two years, the CATV System Operator shall refund to the Subscriber the amount of the deposit together with all interest due thereon.

1.13.7Equipment Deposits

If a CATV System Operator supplies equipment to a Subscriber it will not require a deposit exceeding the replacement cost of the equipment which deposit it will hold at six percent (6%) per annum simple interest to be applied so far as necessary to replacement or repair of the equipment resulting from Subscriber abuse. In such case, it may require that the deposit be restored to its original amount.

1.13.8Restoration of Service

A CATV System Operator shall restore service upon application when the conditions under which it was disconnected are corrected and all proper deposits made. In the event of a dispute, it will accept and comply with the ruling or order of the Administrator until the same is set aside or reversed by a court of competent jurisdiction.

1.13.9Interruption of Service

A. All CATV System Operators shall render efficient service, make repair promptly, and interrupt service only for good cause, and for the shortest time possible. Insofar as is feasible, planned interruptions of service shall be scheduled during hours of minimum system use. All CATV System Operators shall exercise reasonable diligence to avoid interruption or curtailments of service, and will restore service as promptly as possible consistent with safe practice.

B. Planned interruptions of service shall be preceded by at least nine-six (96) hours prior written notice delivered to a designated employee of the Division. Each such notice shall state the time, expected duration and cause of the interruption. In addition, beginning at least ninety-six (96) hours in advance of the planned interruption of service, the operator shall give continuous notice of the interruption to all affected Subscribers on at least one access channel or automated channel. The operator shall give affected users of institutional services pursuant to §1.7.3(B) of this Part at least ninety-six (96) hours notice of interruptions of their service by an appropriate means. Wherever feasible, the CATV Operator shall also mail to all affected Subscribers a printed notice of the planned interruption.

C. Interruption of service due to accident or other causes beyond the control of the CATV System Operator shall be reported to the Division in the following manner:

1. in the event that five hundred (500) or more Subscribers experience an interruption in cable service for a period of time greater than one (1) hour in duration on a single occasion, the responsible CATV System Operator shall provide telephone notification to the Division within twenty-four (24) hours of the service interruption (or on the first business day following a weekend or holiday) and provide written notification to the Division within five (5) days of the interruption setting-forth the facts and cause of the service interruption.

D. In the event of interruptions of service resulting from whatever cause other than negligence of a Subscriber or failure of equipment of facilities furnished by a Subscriber, and which continues more than twenty-four (24) hours, and which is reported to the company, a prorated adjustment to the monthly service charge shall be credited to the affected Subscribers for each twenty-four (24) hour period or fraction thereof that the interruption continues. No credit will be given for interruptions of service of less than twenty four (24) hours duration. For the purposes of calculating a pro-rated adjustment, every month shall be considered to have thirty (30) days.

1.13.10Installation of Drops

When a CATV System Operator receives an application for service, and the only outdoor installation work required is to drop a line from the feeder cable to the Subscriber's building, it will make the installation promptly and in no event later than ten (10) days following receipt of the application unless good and sufficient reason exists.

1.13.11Parental Guidance Device

Each CATV System Operator shall provide parental control devices to customers upon request at cost or, if the charges for such devices are regulated, at the regulated rate thereof.

1.13.12Captioning

In order to serve the needs of hearing impaired persons in their Service Areas, each CATV System Operator shall equip its customer service center with a Telecommunications Device for the Deaf (TDD), and shall make available upon request closed caption devices for hearing impaired customers at cost.

815 R.I. Code R. 815-RICR-10-05-1.13