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1 | AN ACT concerning cable television.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Counties Code is amended by adding Section | ||||||||||||||||||||||||||
5 | 5-1096.5 as
follows:
| ||||||||||||||||||||||||||
6 | (55 ILCS 5/5-1096.5 new)
| ||||||||||||||||||||||||||
7 | Sec. 5-1096.5. Community antenna television systems; | ||||||||||||||||||||||||||
8 | consumer protection.
| ||||||||||||||||||||||||||
9 | (a) Definitions. For purposes of this Section:
| ||||||||||||||||||||||||||
10 | "Normal business hours" means those hours during which most | ||||||||||||||||||||||||||
11 | similar
businesses in the community are open to serve | ||||||||||||||||||||||||||
12 | customers. In all cases, "normal
business hours" must include | ||||||||||||||||||||||||||
13 | some evening hours at least one night per week and
some weekend | ||||||||||||||||||||||||||
14 | hours.
| ||||||||||||||||||||||||||
15 | "Normal operating conditions" means those service | ||||||||||||||||||||||||||
16 | conditions that are within
the control of the franchisee. Those | ||||||||||||||||||||||||||
17 | conditions that are not within the
control of the franchisee | ||||||||||||||||||||||||||
18 | include, but are not limited to, natural disasters,
civil
| ||||||||||||||||||||||||||
19 | disturbances, power outages, telephone network outages, and | ||||||||||||||||||||||||||
20 | severe or unusual
weather conditions. Those
conditions that are | ||||||||||||||||||||||||||
21 | ordinarily within the control of the franchisee include,
but | ||||||||||||||||||||||||||
22 | are not limited to, special promotions, pay-per-view events, | ||||||||||||||||||||||||||
23 | rate
increases, regular peak or seasonal demand periods, and | ||||||||||||||||||||||||||
24 | maintenance or upgrade
of the cable system.
| ||||||||||||||||||||||||||
25 | "Outage" means a service interruption that simultaneously | ||||||||||||||||||||||||||
26 | affects 500 or more
subscribers.
| ||||||||||||||||||||||||||
27 | "Service interruption" or "interruption" means the loss of | ||||||||||||||||||||||||||
28 | picture or
sound on one or more community antenna television | ||||||||||||||||||||||||||
29 | channels.
"Service interruption" does not include
| ||||||||||||||||||||||||||
30 | interruptions deliberately caused by the franchisee for | ||||||||||||||||||||||||||
31 | purposes of system
maintenance, repair, or testing, if the | ||||||||||||||||||||||||||
32 | deliberate interruptions occur between
the hours of 1 a.m. and |
| |||||||
|
|||||||
1 | 7 a.m. and do not exceed 10 minutes in duration.
| ||||||
2 | (b) Not less than 60 days prior to commencement of service | ||||||
3 | to its first
subscriber or within 60 days after the effective | ||||||
4 | date of this amendatory Act of
the 93rd General Assembly, | ||||||
5 | whichever first occurs, a franchisee must submit to
the | ||||||
6 | franchising authority a detailed
customer services plan. The | ||||||
7 | plan must, without limitation, demonstrate that
the | ||||||
8 | facilities, personnel, repair, complaint and adjustment | ||||||
9 | procedures,
telephone, and other information systems of the | ||||||
10 | franchisee are sufficient to
ensure timely, efficient, and | ||||||
11 | effective services to customers. The
franchisee's customer | ||||||
12 | services plan must be consistent with the highest
standards of | ||||||
13 | the community antenna television industry and the requirements | ||||||
14 | set
forth in this Section. A franchisee must update the plan as | ||||||
15 | necessary to keep
it accurate and complete.
| ||||||
16 | A franchisee shall establish and maintain such business | ||||||
17 | offices and customer
service and call centers and provide | ||||||
18 | personnel, telephone service, and other
equipment, as | ||||||
19 | necessary, to ensure the timely, efficient, and effective | ||||||
20 | service
to customers. Personnel required under this Section | ||||||
21 | must include one
person designated by the franchisee to act as | ||||||
22 | a liaison between the franchisee
and the franchising authority | ||||||
23 | regarding customer service issues. All customer
service and | ||||||
24 | call centers of the franchisee shall have a locally listed,
| ||||||
25 | toll-free, or collect telephone number with an access line | ||||||
26 | available to
subscribers 24 hours a day, 7 days a week. Trained | ||||||
27 | company representatives must
be available to respond to | ||||||
28 | customer telephone inquiries 24 hours a day, 7 days
a week. All | ||||||
29 | of the franchisee's customer service and call center and bill
| ||||||
30 | payment locations
that serve customers located in the | ||||||
31 | franchising authority must be open at least
during normal | ||||||
32 | business hours and be located within the franchising authority.
| ||||||
33 | The franchisee's business offices shall be open, at a minimum, | ||||||
34 | from 9 a.m. to 5
p.m. for 6 days a week.
| ||||||
35 | Upon a showing of changed circumstances or for other good | ||||||
36 | cause shown, the
franchising authority may permit a reduction |
| |||||||
|
|||||||
1 | in the franchisee's business
office hours, and this permission | ||||||
2 | may not be unreasonably withheld.
Additionally, at various | ||||||
3 | times during the day, the franchisee must cablecast
the | ||||||
4 | address, telephone number, and office hours of its business | ||||||
5 | offices,
customer service and call centers, and bill payment | ||||||
6 | locations on a local
origination channel received by all | ||||||
7 | subscribers.
| ||||||
8 | Under normal operating conditions, telephone answer time | ||||||
9 | by a customer
representative, including wait time, shall not | ||||||
10 | exceed 30 seconds after the
connection is made. If the call | ||||||
11 | must be transferred, transfer time may not
exceed 30 seconds. | ||||||
12 | These standards must be met no less than 90% of the
time under | ||||||
13 | normal operating conditions, measured on a quarterly basis. The
| ||||||
14 | franchisee shall not be required to acquire equipment or | ||||||
15 | perform surveys to
measure compliance with these telephone | ||||||
16 | answering standards unless the
franchising authority | ||||||
17 | determines that a sufficient record of complaints
indicates a | ||||||
18 | clear failure to comply. Under normal operating conditions, the
| ||||||
19 | customer shall receive a busy signal less than 3% of the time.
| ||||||
20 | Under normal operating conditions, standard installations | ||||||
21 | must be performed
within 7 business days after an order has | ||||||
22 | been placed. "Standard" installations
are those that are | ||||||
23 | located within 125 feet from the existing distribution
system.
| ||||||
24 | Under normal operating conditions, the appointment | ||||||
25 | alternatives for
installations, service calls, and other | ||||||
26 | installation activities shall be either
a specific time or, at | ||||||
27 | maximum, a three-hour time block between the hours of 9
a.m. | ||||||
28 | and 5 p.m. 6 days a week.
| ||||||
29 | The franchisee may schedule service calls and other | ||||||
30 | installation activities
outside of these days and hours for the | ||||||
31 | express convenience of the customer.
The franchisee may not | ||||||
32 | cancel an appointment with a customer after the close of
| ||||||
33 | business on the business day prior to the scheduled | ||||||
34 | appointment. If a
franchisee representative is unable to keep | ||||||
35 | the appointment as scheduled, the
customer must be contacted. | ||||||
36 | The appointment must be rescheduled, as necessary,
for the |
| |||||||
|
|||||||
1 | specific day and time requested by the customer. The
customer | ||||||
2 | may request that the appointment take place anytime between the | ||||||
3 | hours
of 7 a.m. and 8 p.m. on Monday through Saturday.
| ||||||
4 | The franchisee shall promptly respond to and resolve all | ||||||
5 | subscriber
complaints.
| ||||||
6 | The franchisee shall maintain records of subscriber | ||||||
7 | complaints setting forth
the date and nature of the complaint | ||||||
8 | and any action taken in response. These
records shall be | ||||||
9 | available to the franchising authority during the franchisee's
| ||||||
10 | normal business hours and must be retained in the franchisee's | ||||||
11 | files for not
less than 3 years. A statistical summary of these | ||||||
12 | records shall be prepared by
the franchisee and submitted to | ||||||
13 | the franchising authority on a monthly basis
for the life of | ||||||
14 | the franchise. Complaints shall be broken out by the type of
| ||||||
15 | service that is the subject of the complaint and by franchise | ||||||
16 | area of the
franchising
authority.
| ||||||
17 | The franchisee shall maintain records of all outages and | ||||||
18 | reported service
interruptions. These records must indicate | ||||||
19 | the type of service interrupted, the
estimated number of | ||||||
20 | subscribers affected, the date and time of the first
| ||||||
21 | notification of the interruption, the date and time that | ||||||
22 | service was restored,
the
cause of the interruption, and a | ||||||
23 | description of the corrective action taken.
Records of reported | ||||||
24 | service interruptions shall identify the reporting persons
in a | ||||||
25 | manner consistent with applicable privacy law. These records | ||||||
26 | must be
available to the franchising authority during the | ||||||
27 | franchisee's normal business
hours and must be retained in the | ||||||
28 | franchisee's files for not less than 3 years.
| ||||||
29 | These records must be submitted to the franchising | ||||||
30 | authority on a monthly
basis,
commencing 12 months after | ||||||
31 | service is provided to the first
subscriber. The franchisee | ||||||
32 | shall provide these records in paper documentary
form, as well | ||||||
33 | as in any electronic forms and formats as the franchising
| ||||||
34 | authority may require. The franchising authority shall provide | ||||||
35 | service
interruption information, as appropriate, to federal | ||||||
36 | or State regulatory
authorities.
|
| |||||||
|
|||||||
1 | Excluding conditions beyond the control of the franchisee, | ||||||
2 | the franchisee
must begin working on service interruptions | ||||||
3 | promptly and in no event later than
24 hours after the | ||||||
4 | franchisee becomes aware of the interruption. The franchisee
| ||||||
5 | must begin actions to correct other service problems the next | ||||||
6 | business day
after notification of the service problem.
| ||||||
7 | The franchisee shall provide a credit or, in the case of a | ||||||
8 | customer
terminating service, a refund to each customer that is | ||||||
9 | subject to a service
interruption caused by
conditions that are | ||||||
10 | in the franchisee's control. The credit or refund shall be
for | ||||||
11 | the entire day on which the interruption occurs and for each | ||||||
12 | additional day
the interruption continues. The credit or refund | ||||||
13 | shall apply to all services
interrupted. In the case of an | ||||||
14 | outage, the franchisee
shall provide a credit or refund | ||||||
15 | regardless of whether the customer requests a
credit or refund | ||||||
16 | or otherwise contacts the franchisee. In the case of a service
| ||||||
17 | interruption that is not part of an outage, the franchisee | ||||||
18 | shall provide a
credit or refund if the customer requests a | ||||||
19 | credit or refund or otherwise
contacts the franchisee about the | ||||||
20 | service interruption. Refund checks must be
issued promptly, | ||||||
21 | but no later than either (i) the customer's next billing cycle
| ||||||
22 | following resolution of the request or
30 days, whichever is | ||||||
23 | earlier, or (ii) upon the return of the equipment
supplied
by | ||||||
24 | the franchisee if the service is terminated. Credits for | ||||||
25 | service must be
issued no later than the customer's next | ||||||
26 | billing cycle following the
determination that a credit is | ||||||
27 | warranted.
| ||||||
28 | Prior to commencement of construction in an area, the | ||||||
29 | franchisee shall
exercise its best efforts to inform the | ||||||
30 | residents of the area of the nature and
timetable for the | ||||||
31 | construction and shall provide the residents with the
| ||||||
32 | procedures for filing complaints.
| ||||||
33 | At the time the franchisee solicits the residents of an | ||||||
34 | area for subscription
of its services and again upon actual | ||||||
35 | installation of service, the franchisee
must provide the | ||||||
36 | residents with a simple written explanation of all products
and |
| |||||||
|
|||||||
1 | services offered, the options for and prices of the products | ||||||
2 | and services,
parental lock-out devices, installation and | ||||||
3 | service maintenance procedures,
community antenna television | ||||||
4 | services use instructions, programming channel
positions, | ||||||
5 | billing, late fee and complaint procedures, and the privacy | ||||||
6 | rights
of
the subscriber. The information and materials | ||||||
7 | required by this Section shall
also
be available in the Spanish | ||||||
8 | language.
| ||||||
9 | The franchisee shall fill all reasonable orders for a | ||||||
10 | standard
installation of its services within 7 business days | ||||||
11 | and all other reasonable
orders within 30 days after the date | ||||||
12 | of the order.
An order is reasonable if (i) the services | ||||||
13 | requested are
uniformly available on the franchisee's | ||||||
14 | community antenna television system,
(ii) the services are | ||||||
15 | requested in a portion of the franchise area where the
| ||||||
16 | franchisee's community antenna television system has been | ||||||
17 | constructed and
activated, (iii) the franchisee in cooperation | ||||||
18 | with appropriate agencies can
accomplish a proper physical | ||||||
19 | extension of its community antenna television
system to a | ||||||
20 | person's premises within those 7 or 30 days, and (iv) the
| ||||||
21 | franchisee can
obtain access to the requester's premises. If | ||||||
22 | the franchisee fails within the
required 7 or 30 days to | ||||||
23 | provide the requested service, then the
franchisee, upon | ||||||
24 | request, shall within 30 days refund any and all deposits or
| ||||||
25 | advance payments made by
the requester. The franchisee shall | ||||||
26 | maintain a record of all installation
requests that detail when | ||||||
27 | and what action was taken.
| ||||||
28 | If the franchisee or an agent of the franchisee provides
| ||||||
29 | program guides to the franchisee's subscribers, the guides must | ||||||
30 | list, at a
minimum, all non-must carry channels carried on the | ||||||
31 | franchisee's community
antenna television system and must, to | ||||||
32 | the extent reasonable as determined by
the franchisee, list all | ||||||
33 | programs carried on all non-must carry channels.
| ||||||
34 | Each employee of the franchisee when entering private | ||||||
35 | property or working
on public ways must wear an employee | ||||||
36 | identification card issued by the
franchisee bearing the name |
| |||||||
|
|||||||
1 | and a photograph of the employee.
| ||||||
2 | The franchisee may not discriminate against any person in | ||||||
3 | the solicitation or
provision of any service or equipment on | ||||||
4 | the basis of age, sex, race, color,
creed, ethnic
origin, | ||||||
5 | sexual orientation, marital status, or physical or mental | ||||||
6 | impairment.
| ||||||
7 | (c) In addition to any other remedies provided for in this | ||||||
8 | Section or
otherwise available by law, the franchising | ||||||
9 | authority may impose monetary
penalties if a franchisee | ||||||
10 | violates any provision of this
Section, a franchise agreement, | ||||||
11 | or any lawfully adopted rule or regulation. In
appropriate | ||||||
12 | circumstances, the franchising authority may precede the | ||||||
13 | issuance
of a notice of violation with a reasonable opportunity | ||||||
14 | for the franchisee to
cure the violation. The amounts of any | ||||||
15 | penalties shall be specified
in the franchise agreement and | ||||||
16 | shall be
based on the following principles: (1) penalties must | ||||||
17 | exceed the financial
benefits to a franchisee delaying or | ||||||
18 | failing to comply with the applicable
requirement; (2) even | ||||||
19 | where
those
benefits are not easily discernible, the penalties | ||||||
20 | must be sufficient to have a
significant deterrent effect on a | ||||||
21 | franchisee; and (3) the penalties must be
sufficient to protect | ||||||
22 | the municipality and other affected parties against loss
of | ||||||
23 | revenues resulting from violations.
| ||||||
24 | A franchise agreement shall also provide for fines, | ||||||
25 | liquidated damages, and
other monetary sanctions, the amounts | ||||||
26 | of which shall also reflect the foregoing
principles.
| ||||||
27 | Any person or organization adversely affected by a | ||||||
28 | violation, or by a pattern
and practice of violations, shall | ||||||
29 | have the right to sue a franchisee in a court
of competent | ||||||
30 | jurisdiction for damages and for injunctive and other relief to
| ||||||
31 | require compliance with this Section or with the franchise | ||||||
32 | agreement.
Organizations shall be entitled to sue on
behalf of | ||||||
33 | themselves or their members.
| ||||||
34 | The remedies provided by this Section shall be in addition | ||||||
35 | to any remedies
provided
by law.
| ||||||
36 | Except in emergency situations in which immediate relief is |
| |||||||
|
|||||||
1 | required, private
litigants shall notify the franchising | ||||||
2 | authority not less than 10 days prior to
filing suit. A suit by | ||||||
3 | the franchising authority, however, shall not preempt
the | ||||||
4 | private litigant's right to proceed.
| ||||||
5 | It shall be unlawful for any person to attach or affix or | ||||||
6 | to cause to be
attached or affixed any equipment or device that | ||||||
7 | allows access to or use of
the community antenna television | ||||||
8 | system without payment to the franchisee.
| ||||||
9 | Any person who violates any provisions of this Section | ||||||
10 | shall be subject to a
fine not to exceed $750 for each offense. | ||||||
11 | The fine shall be paid to the
franchising authority. Each day | ||||||
12 | that the violation continues constitutes a
separate offense, | ||||||
13 | and a separate offense shall be deemed to be committed as to
| ||||||
14 | each affected customer. In addition, a franchisee shall be | ||||||
15 | subject to the
schedule of credits to customers set forth in | ||||||
16 | subsection (d) of this Section.
| ||||||
17 | (d) If the franchisee fails to complete standard | ||||||
18 | installations and
extensions of service requested by a customer | ||||||
19 | within 7 business days after the
order has been placed, then | ||||||
20 | the franchisee must give the customer free
installation or, if | ||||||
21 | the installation fee has been waived for promotional
reasons, | ||||||
22 | then one month's basic service for free or, for a service | ||||||
23 | violation, a
$15 credit.
| ||||||
24 | If the franchisee fails to provide customers seeking | ||||||
25 | non-standard
installations with
a total installation cost | ||||||
26 | estimate and an estimated date of completion, then
the | ||||||
27 | franchisee must give the customer free installation or, if the
| ||||||
28 | installation fee has been waived for promotional reasons, then | ||||||
29 | one month's
basic service.
| ||||||
30 | If a franchisee fails to bury all underground cable drops | ||||||
31 | on residential
property at least 12 inches deep or if the | ||||||
32 | franchisee fails to complete the
work in no more than 3 | ||||||
33 | calendar weeks from the installation, then the
franchisee must | ||||||
34 | give all affected residents a $10 credit.
| ||||||
35 | If a franchisee fails to provide to customers wanting | ||||||
36 | installation of service
within a 3-hour time block between 9 |
| |||||||
|
|||||||
1 | a.m. and 5 p.m. 6 days a week, then the
franchisee must give | ||||||
2 | the customer a $25 credit.
| ||||||
3 | If a franchisee cancels an appointment with a customer | ||||||
4 | after 5:00 p.m. on the
day before the scheduled appointment, | ||||||
5 | then the franchisee must give the
customer $25 credit or the | ||||||
6 | guarantee offered by the franchisee, whichever is
greater.
| ||||||
7 | If the franchisee cannot keep an appointment for any reason | ||||||
8 | and fails to
contact the customer before the end of the | ||||||
9 | scheduled appointment and reschedule
at the convenience of the | ||||||
10 | customer, then the franchisee must give the customer
a $25 | ||||||
11 | credit or the guarantee offered by the franchisee, whichever is
| ||||||
12 | greater.
| ||||||
13 | If a franchisee fails to make repairs promptly or if it | ||||||
14 | interrupts service
other than for good cause, during periods of | ||||||
15 | minimum use of the system, and for
no more than 24 hours, | ||||||
16 | except where unavoidable, then the franchisee must give
one | ||||||
17 | day's free service for
each day that there is a service | ||||||
18 | interruption to each customer in the affected
area.
| ||||||
19 | If a franchisee fails to provide clear television reception | ||||||
20 | that meets or
exceeds FCC technical standards, then the | ||||||
21 | franchisee must give each affected
customer one day's free | ||||||
22 | service for each day that reception falls below FCC
standards.
| ||||||
23 | If a customer informs the franchisee that he or she is | ||||||
24 | experiencing poor
video or audio reception due to franchisee
| ||||||
25 | equipment and the franchisee fails to correct the problem | ||||||
26 | before the next day,
unless otherwise agreed to with the | ||||||
27 | customer, then the franchisee must give the
customer one day's | ||||||
28 | free service for each day that the problem remains
uncorrected.
| ||||||
29 | If a franchisee's customer service representatives are | ||||||
30 | unable to provide
credit, waive fees, schedule appointments, | ||||||
31 | and change billing cycles or if any
difficulties that cannot be | ||||||
32 | resolved by the customer service representatives
are not | ||||||
33 | referred to a
supervisor within 24 hours, then the franchisee | ||||||
34 | must give the customer a $10
credit. If the supervisor fails to | ||||||
35 | make his or her best efforts to contact the
customer within 4 | ||||||
36 | hours and resolve the problem within 48 hours or within such
|
| |||||||
|
|||||||
1 | other time frame that is acceptable to the customer and | ||||||
2 | franchisee, then the
franchisee must give the customer a $10 | ||||||
3 | credit.
| ||||||
4 | If the franchisee fails to provide customers with a clear | ||||||
5 | and concise monthly
bill or if the franchisee fails to respond | ||||||
6 | to a customer's billing inquiry made
by telephone or e-mail | ||||||
7 | within 48 hours of receipt of the inquiry or to a
written | ||||||
8 | billing inquiry within 2 weeks of receipt of the inquiry, then | ||||||
9 | the
franchisee must give the customer a $10 credit.
| ||||||
10 | If a franchisee fails to allow 30 days after the date a | ||||||
11 | subscriber bill is
sent before imposing an administrative fee | ||||||
12 | or if the fee exceeds $1.50 per
bill, then the franchisee must | ||||||
13 | give the customer a $10 credit.
| ||||||
14 | If a franchisee continues to bill for services after the | ||||||
15 | day that a customer
requests disconnection of any or all | ||||||
16 | services or if the franchisee fails to
issue a credit or refund | ||||||
17 | within 15 business days after the close of the
customer's | ||||||
18 | billing cycle following the return of the equipment and request | ||||||
19 | for
disconnection, then the franchisee must give the customer a | ||||||
20 | $10 credit or
a $10 refund if the customer's account has | ||||||
21 | closed.
| ||||||
22 | If, within 10 days after the termination of service for any | ||||||
23 | reason, a
franchisee fails to repay any deposit with a | ||||||
24 | statement showing accrued
interest, which must accrue at a fair | ||||||
25 | market rate, to the customer, then the
franchisee must give the | ||||||
26 | customer a $10 credit or a $10 refund if the
customer's
account | ||||||
27 | has closed.
| ||||||
28 | If a franchisee fails to replace any trees or shrubs | ||||||
29 | damaged during any
installation or repair, then the franchisee | ||||||
30 | must give the customer a $25
credit plus the costs of any | ||||||
31 | repairs or replacement.
| ||||||
32 | If a franchisee fails to restore any damaged property to | ||||||
33 | the same condition
it was before damage occurred then the | ||||||
34 | franchisee must give the customer a
$25 credit plus the costs | ||||||
35 | of any repairs or replacement.
| ||||||
36 | If a franchisee enters onto a premises without permission |
| |||||||
|
|||||||
1 | or fails to give
notice to property owners before entering upon | ||||||
2 | their premises
or, in the event of an emergency, fails to | ||||||
3 | attempt to contact
the property owner or legal tenant in person | ||||||
4 | and, if personal contact cannot be
made, fails to leave a door | ||||||
5 | hanger notice, then the franchise must give the
customer a $15 | ||||||
6 | credit plus the costs of any additional repairs or
| ||||||
7 | reimbursement.
| ||||||
8 | If any franchisee personnel fail to clean up debris caused | ||||||
9 | by the
franchisee's activities at a work site or fails to | ||||||
10 | properly dispose of cable
materials,
then the franchisee must | ||||||
11 | give the customer a $15 credit plus the costs of
any cleanup | ||||||
12 | and disposal of debris.
| ||||||
13 | If a franchisee fails to deliver and pick up converters at | ||||||
14 | the home of
customers with disabilities or, in the case of a | ||||||
15 | malfunctioning converter, the
technician fails to provide | ||||||
16 | another converter, hook it up, ensure that it is
working | ||||||
17 | properly, and return
the defective converter to the franchisee, | ||||||
18 | then the franchisee must give the
customer a $25 credit.
| ||||||
19 | If a franchisee fails to provide TDD/TYY service through | ||||||
20 | trained operators
who can provide any assistance regularly | ||||||
21 | available from a customer service
representative at no charge,
| ||||||
22 | then the franchisee must give the customer a $25 credit.
| ||||||
23 | If a franchisee fails to install, at no charge, any closed | ||||||
24 | captioning device
purchased by a hearing impaired customer, | ||||||
25 | then the franchisee must give the
customer a $25 credit.
| ||||||
26 | If a franchisee fails to provide free use of a converter | ||||||
27 | remote control unit
to a mobility-impaired customer, then the | ||||||
28 | franchisee must give the customer a
$25 credit and provide a | ||||||
29 | remote control unit.
| ||||||
30 | If a franchisee fails to provide, upon installation and | ||||||
31 | upon a customer's
request, information concerning: (1) the | ||||||
32 | products and services offered; (2) the
complete range of | ||||||
33 | service options and prices; (3) the customer service
standards; | ||||||
34 | (4) instruction on use of cable TV, interactive TV, remote and
| ||||||
35 | standard VCR hookups; (5) billing, collection, and disconnect | ||||||
36 | policies; (6)
customer privacy requirements; (7) complaint |
| |||||||
|
|||||||
1 | procedures, containing the contact
information of the | ||||||
2 | designated agency of the franchising authority to which the
| ||||||
3 | complaints should be addressed; (8) the use and availability of | ||||||
4 | A/B switch; (9)
the use and availability of parental control or | ||||||
5 | lock-out devices; (10) special
services for customers with | ||||||
6 | visual, hearing or mobility disabilities; (11) the
days, times | ||||||
7 | of
operation, and locations of the service centers; and (12) a | ||||||
8 | copy of any
applicable municipal ordinances, then the | ||||||
9 | franchisee must give the customer a
$10 credit.
| ||||||
10 | If a franchisee fails to provide customers and the | ||||||
11 | franchising authority with
written notification of any change | ||||||
12 | in rates, programming, or channels at least
30 days before the | ||||||
13 | date of the change, then the franchisee must give each
affected | ||||||
14 | customer a $10 credit.
| ||||||
15 | If any officer, agent, or employee of the franchisee or any | ||||||
16 | of its
contractors and subcontractors in personal contact with | ||||||
17 | any customer fail to
have a visible identification card with | ||||||
18 | their name and photograph or fail to
orally identify themselves | ||||||
19 | upon first contact with the customer, then the
franchisee must | ||||||
20 | give the customer a $10 credit.
| ||||||
21 | If any customer service representative of the franchisee | ||||||
22 | fails to identify
himself or herself orally to customers | ||||||
23 | immediately following the greeting
during each telephone | ||||||
24 | contact with the public, then the franchisee must give
the | ||||||
25 | customer a $10 credit.
| ||||||
26 | If any customer service representative, technician, or | ||||||
27 | employee of the
franchisee in each contact with a customer | ||||||
28 | fails to orally state the estimated
cost of any service, | ||||||
29 | repair, or installation prior to delivery of the service
or | ||||||
30 | before any work is performed or fails to provide the customer | ||||||
31 | with an oral
statement of the total charges before terminating | ||||||
32 | the telephone call or before
leaving the location at which the | ||||||
33 | work was performed, then the franchisee must
give the customer | ||||||
34 | a $10 credit.
| ||||||
35 | If a franchisee violates the privacy of a customer under | ||||||
36 | any federal, State,
or local law, then the franchisee must give |
| |||||||
|
|||||||
1 | the customer the choice of
either a check in the amount of $150 | ||||||
2 | or a credit to customer account in the
same amount.
| ||||||
3 | If a franchisee receives notice that an unsafe condition | ||||||
4 | exists with respect
to its equipment and the franchisee fails | ||||||
5 | to investigate the condition
immediately or fails to take the | ||||||
6 | measures necessary to remove or eliminate any
unsafe condition, | ||||||
7 | then the franchisee must pay the franchising authority $40
a | ||||||
8 | day for each 24-hour delay in responding to the customer safety | ||||||
9 | concerns.
| ||||||
10 | If a franchisee fails to guarantee customer satisfaction to | ||||||
11 | every customer
who requests new or upgraded cable service or | ||||||
12 | other service of receiving the
service and receive a pro rata | ||||||
13 | credit in an amount equal to the pro rata charge
for the | ||||||
14 | remaining days of service being disconnected if the customer is
| ||||||
15 | dissatisfied with the service, except where a free promotion | ||||||
16 | has been offered,
then there shall be no charge of any kind for | ||||||
17 | the service or for disconnection
of
the service. The customer | ||||||
18 | shall have the opportunity to cancel upgraded cable
service or | ||||||
19 | other service within 30 days.
| ||||||
20 | (e) Within 60 days after the effective date of this | ||||||
21 | amendatory Act of the
93rd
General Assembly, all franchisees | ||||||
22 | shall mail to each customer a summary of the
customer | ||||||
23 | protections set forth in this Section, at no charge to the | ||||||
24 | customer.
The
summary shall include
the full text of this | ||||||
25 | Section and be in a form acceptable to the franchising
| ||||||
26 | authority.
| ||||||
27 | (f) The provisions of this Section shall supersede any | ||||||
28 | contradictory or
inconsistent provision of State or local law | ||||||
29 | or any initial or renewal
franchise agreement.
| ||||||
30 | (g) A home rule unit may not regulate community antenna | ||||||
31 | television systems
in a
manner inconsistent with the provisions | ||||||
32 | of this Act. This Section is a
limitation under subsection (i) | ||||||
33 | of Section 6 of Article VII of the Illinois
Constitution of the | ||||||
34 | concurrent exercise by home rule units of powers and
functions | ||||||
35 | exercised by the State.
|
| |||||||
|
|||||||
1 | Section 10. The Illinois Municipal Code is amended by | ||||||
2 | adding Section
11-42-11.2 as follows:
| ||||||
3 | (65 ILCS 5/11-42-11.2 new)
| ||||||
4 | Sec. 11-42-11.2. Community antenna television systems; | ||||||
5 | consumer
protection.
| ||||||
6 | (a) Definitions. For purposes of this Section:
| ||||||
7 | "Normal business hours" means those hours during which most | ||||||
8 | similar
businesses in the community are open to serve | ||||||
9 | customers. In all cases, "normal
business hours" must include | ||||||
10 | some evening hours at least one night per week and
some weekend | ||||||
11 | hours.
| ||||||
12 | "Normal operating conditions" means those service | ||||||
13 | conditions that are within
the control of the franchisee. Those | ||||||
14 | conditions that are not within the
control of the franchisee | ||||||
15 | include, but are not limited to, natural disasters,
civil
| ||||||
16 | disturbances, power outages, telephone network outages, and | ||||||
17 | severe or unusual
weather conditions. Those
conditions that are | ||||||
18 | ordinarily within the control of the franchisee include,
but | ||||||
19 | are not limited to, special promotions, pay-per-view events, | ||||||
20 | rate
increases, regular peak or seasonal demand periods, and | ||||||
21 | maintenance or upgrade
of the cable system.
| ||||||
22 | "Outage" means a service interruption that simultaneously | ||||||
23 | affects 500 or more
subscribers.
| ||||||
24 | "Service interruption" or "interruption" means the loss of | ||||||
25 | picture or
sound on one or more community antenna television | ||||||
26 | channels.
"Service interruption" does not include
| ||||||
27 | interruptions deliberately caused by the franchisee for | ||||||
28 | purposes of system
maintenance, repair, or testing, if the | ||||||
29 | deliberate interruptions occur between
the hours of 1 a.m. and | ||||||
30 | 7 a.m. and do not exceed 10 minutes in duration.
| ||||||
31 | (b) Not less than 60 days prior to commencement of service | ||||||
32 | to its first
subscriber or within 60 days after the effective | ||||||
33 | date of this amendatory Act of
the 93rd General Assembly, | ||||||
34 | whichever first occurs, a franchisee must submit to
the | ||||||
35 | franchising authority a detailed
customer services plan. The |
| |||||||
|
|||||||
1 | plan must, without limitation, demonstrate that
the | ||||||
2 | facilities, personnel, repair, complaint and adjustment | ||||||
3 | procedures,
telephone, and other information systems of the | ||||||
4 | franchisee are sufficient to
ensure timely, efficient, and | ||||||
5 | effective services to customers. The
franchisee's customer | ||||||
6 | services plan must be consistent with the highest
standards of | ||||||
7 | the community antenna television industry and the requirements | ||||||
8 | set
forth in this Section. A franchisee must update the plan as | ||||||
9 | necessary to keep
it accurate and complete.
| ||||||
10 | A franchisee shall establish and maintain such business | ||||||
11 | offices and customer
service and call centers and provide | ||||||
12 | personnel, telephone service, and other
equipment, as | ||||||
13 | necessary, to ensure the timely, efficient, and effective | ||||||
14 | service
to customers. Personnel required under this Section | ||||||
15 | must include one
person designated by the franchisee to act as | ||||||
16 | a liaison between the franchisee
and the franchising authority | ||||||
17 | regarding customer service issues. All customer
service and | ||||||
18 | call centers of the franchisee shall have a locally listed,
| ||||||
19 | toll-free, or collect telephone number with an access line | ||||||
20 | available to
subscribers 24 hours a day, 7 days a week. Trained | ||||||
21 | company representatives must
be available to respond to | ||||||
22 | customer telephone inquiries 24 hours a day, 7 days
a week. All | ||||||
23 | of the franchisee's customer service and call center and bill
| ||||||
24 | payment locations
that serve customers located in the | ||||||
25 | franchising authority must be open at least
during normal | ||||||
26 | business hours and be located within the franchising authority.
| ||||||
27 | The franchisee's business offices shall be open, at a minimum, | ||||||
28 | from 9 a.m. to 5
p.m. for 6 days a week.
| ||||||
29 | Upon a showing of changed circumstances or for other good | ||||||
30 | cause shown, the
franchising authority may permit a reduction | ||||||
31 | in the franchisee's business
office hours, and this permission | ||||||
32 | may not be unreasonably withheld.
Additionally, at various | ||||||
33 | times during the day, the franchisee must cablecast
the | ||||||
34 | address, telephone number, and office hours of its business | ||||||
35 | offices,
customer service and call centers, and bill payment | ||||||
36 | locations on a local
origination channel received by all |
| |||||||
|
|||||||
1 | subscribers.
| ||||||
2 | Under normal operating conditions, telephone answer time | ||||||
3 | by a customer
representative, including wait time, shall not | ||||||
4 | exceed 30 seconds after the
connection is made. If the call | ||||||
5 | must be transferred, transfer time may not
exceed 30 seconds. | ||||||
6 | These standards must be met no less than 90% of the
time under | ||||||
7 | normal operating conditions, measured on a quarterly basis. The
| ||||||
8 | franchisee shall not be required to acquire equipment or | ||||||
9 | perform surveys to
measure compliance with these telephone | ||||||
10 | answering standards unless the
franchising authority | ||||||
11 | determines that a sufficient record of complaints
indicates a | ||||||
12 | clear failure to comply. Under normal operating conditions, the
| ||||||
13 | customer shall receive a busy signal less than 3% of the time.
| ||||||
14 | Under normal operating conditions, standard installations | ||||||
15 | must be performed
within 7 business days after an order has | ||||||
16 | been placed. "Standard" installations
are those that are | ||||||
17 | located within 125 feet from the existing distribution
system.
| ||||||
18 | Under normal operating conditions, the appointment | ||||||
19 | alternatives for
installations, service calls, and other | ||||||
20 | installation activities shall be either
a specific time or, at | ||||||
21 | maximum, a three-hour time block between the hours of 9
a.m. | ||||||
22 | and 5 p.m. 6 days a week.
| ||||||
23 | The franchisee may schedule service calls and other | ||||||
24 | installation activities
outside of these days and hours for the | ||||||
25 | express convenience of the customer.
The franchisee may not | ||||||
26 | cancel an appointment with a customer after the close of
| ||||||
27 | business on the business day prior to the scheduled | ||||||
28 | appointment. If a
franchisee representative is unable to keep | ||||||
29 | the appointment as scheduled, the
customer must be contacted. | ||||||
30 | The appointment must be rescheduled, as necessary,
for the | ||||||
31 | specific day and time requested by the customer. The
customer | ||||||
32 | may request that the appointment take place anytime between the | ||||||
33 | hours
of 7 a.m. and 8 p.m. on Monday through Saturday.
| ||||||
34 | The franchisee shall promptly respond to and resolve all | ||||||
35 | subscriber
complaints.
| ||||||
36 | The franchisee shall maintain records of subscriber |
| |||||||
|
|||||||
1 | complaints setting forth
the date and nature of the complaint | ||||||
2 | and any action taken in response. These
records shall be | ||||||
3 | available to the franchising authority during the franchisee's
| ||||||
4 | normal business hours and must be retained in the franchisee's | ||||||
5 | files for not
less than 3 years. A statistical summary of these | ||||||
6 | records shall be prepared by
the franchisee and submitted to | ||||||
7 | the franchising authority on a monthly basis
for the life of | ||||||
8 | the franchise. Complaints shall be broken out by the type of
| ||||||
9 | service that is the subject of the complaint and by franchise | ||||||
10 | area of the
franchising
authority.
| ||||||
11 | The franchisee shall maintain records of all outages and | ||||||
12 | reported service
interruptions. These records must indicate | ||||||
13 | the type of service interrupted, the
estimated number of | ||||||
14 | subscribers affected, the date and time of the first
| ||||||
15 | notification of the interruption, the date and time that | ||||||
16 | service was restored,
the
cause of the interruption, and a | ||||||
17 | description of the corrective action taken.
Records of reported | ||||||
18 | service interruptions shall identify the reporting persons
in a | ||||||
19 | manner consistent with applicable privacy law. These records | ||||||
20 | must be
available to the franchising authority during the | ||||||
21 | franchisee's normal business
hours and must be retained in the | ||||||
22 | franchisee's files for not less than 3 years.
| ||||||
23 | These records must be submitted to the franchising | ||||||
24 | authority on a monthly
basis,
commencing 12 months after | ||||||
25 | service is provided to the first
subscriber. The franchisee | ||||||
26 | shall provide these records in paper documentary
form, as well | ||||||
27 | as in any electronic forms and formats as the franchising
| ||||||
28 | authority may require. The franchising authority shall provide | ||||||
29 | service
interruption information, as appropriate, to federal | ||||||
30 | or State regulatory
authorities.
| ||||||
31 | Excluding conditions beyond the control of the franchisee, | ||||||
32 | the franchisee
must begin working on service interruptions | ||||||
33 | promptly and in no event later than
24 hours after the | ||||||
34 | franchisee becomes aware of the interruption. The franchisee
| ||||||
35 | must begin actions to correct other service problems the next | ||||||
36 | business day
after notification of the service problem.
|
| |||||||
|
|||||||
1 | The franchisee shall provide a credit or, in the case of a | ||||||
2 | customer
terminating service, a refund to each customer that is | ||||||
3 | subject to a service
interruption caused by
conditions that are | ||||||
4 | in the franchisee's control. The credit or refund shall be
for | ||||||
5 | the entire day on which the interruption occurs and for each | ||||||
6 | additional day
the interruption continues. The credit or refund | ||||||
7 | shall apply to all services
interrupted. In the case of an | ||||||
8 | outage, the franchisee
shall provide a credit or refund | ||||||
9 | regardless of whether the customer requests a
credit or refund | ||||||
10 | or otherwise contacts the franchisee. In the case of a service
| ||||||
11 | interruption that is not part of an outage, the franchisee | ||||||
12 | shall provide a
credit or refund if the customer requests a | ||||||
13 | credit or refund or otherwise
contacts the franchisee about the | ||||||
14 | service interruption. Refund checks must be
issued promptly, | ||||||
15 | but no later than either (i) the customer's next billing cycle
| ||||||
16 | following resolution of the request or
30 days, whichever is | ||||||
17 | earlier, or (ii) upon the return of the equipment
supplied
by | ||||||
18 | the franchisee if the service is terminated. Credits for | ||||||
19 | service must be
issued no later than the customer's next | ||||||
20 | billing cycle following the
determination that a credit is | ||||||
21 | warranted.
| ||||||
22 | Prior to commencement of construction in an area, the | ||||||
23 | franchisee shall
exercise its best efforts to inform the | ||||||
24 | residents of the area of the nature and
timetable for the | ||||||
25 | construction and shall provide the residents with the
| ||||||
26 | procedures for filing complaints.
| ||||||
27 | At the time the franchisee solicits the residents of an | ||||||
28 | area for subscription
of its services and again upon actual | ||||||
29 | installation of service, the franchisee
must provide the | ||||||
30 | residents with a simple written explanation of all products
and | ||||||
31 | services offered, the options for and prices of the products | ||||||
32 | and services,
parental lock-out devices, installation and | ||||||
33 | service maintenance procedures,
community antenna television | ||||||
34 | services use instructions, programming channel
positions, | ||||||
35 | billing, late fee and complaint procedures, and the privacy | ||||||
36 | rights
of
the subscriber. The information and materials |
| |||||||
|
|||||||
1 | required by this Section shall
also
be available in the Spanish | ||||||
2 | language.
| ||||||
3 | The franchisee shall fill all reasonable orders for a | ||||||
4 | standard
installation of its services within 7 business days | ||||||
5 | and all other reasonable
orders within 30 days after the date | ||||||
6 | of the order.
An order is reasonable if (i) the services | ||||||
7 | requested are
uniformly available on the franchisee's | ||||||
8 | community antenna television system,
(ii) the services are | ||||||
9 | requested in a portion of the franchise area where the
| ||||||
10 | franchisee's community antenna television system has been | ||||||
11 | constructed and
activated, (iii) the franchisee in cooperation | ||||||
12 | with appropriate agencies can
accomplish a proper physical | ||||||
13 | extension of its community antenna television
system to a | ||||||
14 | person's premises within those 7 or 30 days, and (iv) the
| ||||||
15 | franchisee can
obtain access to the requester's premises. If | ||||||
16 | the franchisee fails within the
required 7 or 30 days to | ||||||
17 | provide the requested service, then the
franchisee, upon | ||||||
18 | request, shall within 30 days refund any and all deposits or
| ||||||
19 | advance payments made by
the requester. The franchisee shall | ||||||
20 | maintain a record of all installation
requests that detail when | ||||||
21 | and what action was taken.
| ||||||
22 | If the franchisee or an agent of the franchisee provides
| ||||||
23 | program guides to the franchisee's subscribers, the guides must | ||||||
24 | list, at a
minimum, all non-must carry channels carried on the | ||||||
25 | franchisee's community
antenna television system and must, to | ||||||
26 | the extent reasonable as determined by
the franchisee, list all | ||||||
27 | programs carried on all non-must carry channels.
| ||||||
28 | Each employee of the franchisee when entering private | ||||||
29 | property or working
on public ways must wear an employee | ||||||
30 | identification card issued by the
franchisee bearing the name | ||||||
31 | and a photograph of the employee.
| ||||||
32 | The franchisee may not discriminate against any person in | ||||||
33 | the solicitation or
provision of any service or equipment on | ||||||
34 | the basis of age, sex, race, color,
creed, ethnic
origin, | ||||||
35 | sexual orientation, marital status, or physical or mental | ||||||
36 | impairment.
|
| |||||||
|
|||||||
1 | (c) In addition to any other remedies provided for in this | ||||||
2 | Section or
otherwise available by law, the franchising | ||||||
3 | authority may impose monetary
penalties if a franchisee | ||||||
4 | violates any provision of this
Section, a franchise agreement, | ||||||
5 | or any lawfully adopted rule or regulation. In
appropriate | ||||||
6 | circumstances, the franchising authority may precede the | ||||||
7 | issuance
of a notice of violation with a reasonable opportunity | ||||||
8 | for the franchisee to
cure the violation. The amounts of any | ||||||
9 | penalties shall be specified
in the franchise agreement and | ||||||
10 | shall be
based on the following principles: (1) penalties must | ||||||
11 | exceed the financial
benefits to a franchisee delaying or | ||||||
12 | failing to comply with the applicable
requirement; (2) even | ||||||
13 | where
those
benefits are not easily discernible, the penalties | ||||||
14 | must be sufficient to have a
significant deterrent effect on a | ||||||
15 | franchisee; and (3) the penalties must be
sufficient to protect | ||||||
16 | the municipality and other affected parties against loss
of | ||||||
17 | revenues resulting from violations.
| ||||||
18 | A franchise agreement shall also provide for fines, | ||||||
19 | liquidated damages, and
other monetary sanctions, the amounts | ||||||
20 | of which shall also reflect the foregoing
principles.
| ||||||
21 | Any person or organization adversely affected by a | ||||||
22 | violation, or by a pattern
and practice of violations, shall | ||||||
23 | have the right to sue a franchisee in a court
of competent | ||||||
24 | jurisdiction for damages and for injunctive and other relief to
| ||||||
25 | require compliance with this Section or with the franchise | ||||||
26 | agreement.
Organizations shall be entitled to sue on
behalf of | ||||||
27 | themselves or their members.
| ||||||
28 | The remedies provided by this Section shall be in addition | ||||||
29 | to any remedies
provided
by law.
| ||||||
30 | Except in emergency situations in which immediate relief is | ||||||
31 | required, private
litigants shall notify the franchising | ||||||
32 | authority not less than 10 days prior to
filing suit. A suit by | ||||||
33 | the franchising authority, however, shall not preempt
the | ||||||
34 | private litigant's right to proceed.
| ||||||
35 | It shall be unlawful for any person to attach or affix or | ||||||
36 | to cause to be
attached or affixed any equipment or device that |
| |||||||
|
|||||||
1 | allows access to or use of
the community antenna television | ||||||
2 | system without payment to the franchisee.
| ||||||
3 | Any person who violates any provisions of this Section | ||||||
4 | shall be subject to a
fine not to exceed $750 for each offense. | ||||||
5 | The fine shall be paid to the
franchising authority. Each day | ||||||
6 | that the violation continues constitutes a
separate offense, | ||||||
7 | and a separate offense shall be deemed to be committed as to
| ||||||
8 | each affected customer. In addition, a franchisee shall be | ||||||
9 | subject to the
schedule of credits to customers set forth in | ||||||
10 | subsection (d) of this Section.
| ||||||
11 | (d) If the franchisee fails to complete standard | ||||||
12 | installations and
extensions of service requested by a customer | ||||||
13 | within 7 business days after the
order has been placed, then | ||||||
14 | the franchisee must give the customer free
installation or, if | ||||||
15 | the installation fee has been waived for promotional
reasons, | ||||||
16 | then one month's basic service for free or, for a service | ||||||
17 | violation, a
$15 credit.
| ||||||
18 | If the franchisee fails to provide customers seeking | ||||||
19 | non-standard
installations with
a total installation cost | ||||||
20 | estimate and an estimated date of completion, then
the | ||||||
21 | franchisee must give the customer free installation or, if the
| ||||||
22 | installation fee has been waived for promotional reasons, then | ||||||
23 | one month's
basic service.
| ||||||
24 | If a franchisee fails to bury all underground cable drops | ||||||
25 | on residential
property at least 12 inches deep or if the | ||||||
26 | franchisee fails to complete the
work in no more than 3 | ||||||
27 | calendar weeks from the installation, then the
franchisee must | ||||||
28 | give all affected residents a $10 credit.
| ||||||
29 | If a franchisee fails to provide to customers wanting | ||||||
30 | installation of service
within a 3-hour time block between 9 | ||||||
31 | a.m. and 5 p.m. 6 days a week, then the
franchisee must give | ||||||
32 | the customer a $25 credit.
| ||||||
33 | If a franchisee cancels an appointment with a customer | ||||||
34 | after 5:00 p.m. on the
day before the scheduled appointment, | ||||||
35 | then the franchisee must give the
customer $25 credit or the | ||||||
36 | guarantee offered by the franchisee, whichever is
greater.
|
| |||||||
|
|||||||
1 | If the franchisee cannot keep an appointment for any reason | ||||||
2 | and fails to
contact the customer before the end of the | ||||||
3 | scheduled appointment and reschedule
at the convenience of the | ||||||
4 | customer, then the franchisee must give the customer
a $25 | ||||||
5 | credit or the guarantee offered by the franchisee, whichever is
| ||||||
6 | greater.
| ||||||
7 | If a franchisee fails to make repairs promptly or if it | ||||||
8 | interrupts service
other than for good cause, during periods of | ||||||
9 | minimum use of the system, and for
no more than 24 hours, | ||||||
10 | except where unavoidable, then the franchisee must give
one | ||||||
11 | day's free service for
each day that there is a service | ||||||
12 | interruption to each customer in the affected
area.
| ||||||
13 | If a franchisee fails to provide clear television reception | ||||||
14 | that meets or
exceeds FCC technical standards, then the | ||||||
15 | franchisee must give each affected
customer one day's free | ||||||
16 | service for each day that reception falls below FCC
standards.
| ||||||
17 | If a customer informs the franchisee that he or she is | ||||||
18 | experiencing poor
video or audio reception due to franchisee
| ||||||
19 | equipment and the franchisee fails to correct the problem | ||||||
20 | before the next day,
unless otherwise agreed to with the | ||||||
21 | customer, then the franchisee must give the
customer one day's | ||||||
22 | free service for each day that the problem remains
uncorrected.
| ||||||
23 | If a franchisee's customer service representatives are | ||||||
24 | unable to provide
credit, waive fees, schedule appointments, | ||||||
25 | and change billing cycles or if any
difficulties that cannot be | ||||||
26 | resolved by the customer service representatives
are not | ||||||
27 | referred to a
supervisor within 24 hours, then the franchisee | ||||||
28 | must give the customer a $10
credit. If the supervisor fails to | ||||||
29 | make his or her best efforts to contact the
customer within 4 | ||||||
30 | hours and resolve the problem within 48 hours or within such
| ||||||
31 | other time frame that is acceptable to the customer and | ||||||
32 | franchisee, then the
franchisee must give the customer a $10 | ||||||
33 | credit.
| ||||||
34 | If the franchisee fails to provide customers with a clear | ||||||
35 | and concise monthly
bill or if the franchisee fails to respond | ||||||
36 | to a customer's billing inquiry made
by telephone or e-mail |
| |||||||
|
|||||||
1 | within 48 hours of receipt of the inquiry or to a
written | ||||||
2 | billing inquiry within 2 weeks of receipt of the inquiry, then | ||||||
3 | the
franchisee must give the customer a $10 credit.
| ||||||
4 | If a franchisee fails to allow 30 days after the date a | ||||||
5 | subscriber bill is
sent before imposing an administrative fee | ||||||
6 | or if the fee exceeds $1.50 per
bill, then the franchisee must | ||||||
7 | give the customer a $10 credit.
| ||||||
8 | If a franchisee continues to bill for services after the | ||||||
9 | day that a customer
requests disconnection of any or all | ||||||
10 | services or if the franchisee fails to
issue a credit or refund | ||||||
11 | within 15 business days after the close of the
customer's | ||||||
12 | billing cycle following the return of the equipment and request | ||||||
13 | for
disconnection, then the franchisee must give the customer a | ||||||
14 | $10 credit or
a $10 refund if the customer's account has | ||||||
15 | closed.
| ||||||
16 | If, within 10 days after the termination of service for any | ||||||
17 | reason, a
franchisee fails to repay any deposit with a | ||||||
18 | statement showing accrued
interest, which must accrue at a fair | ||||||
19 | market rate, to the customer, then the
franchisee must give the | ||||||
20 | customer a $10 credit or a $10 refund if the
customer's
account | ||||||
21 | has closed.
| ||||||
22 | If a franchisee fails to replace any trees or shrubs | ||||||
23 | damaged during any
installation or repair, then the franchisee | ||||||
24 | must give the customer a $25
credit plus the costs of any | ||||||
25 | repairs or replacement.
| ||||||
26 | If a franchisee fails to restore any damaged property to | ||||||
27 | the same condition
it was before damage occurred then the | ||||||
28 | franchisee must give the customer a
$25 credit plus the costs | ||||||
29 | of any repairs or replacement.
| ||||||
30 | If a franchisee enters onto a premises without permission | ||||||
31 | or fails to give
notice to property owners before entering upon | ||||||
32 | their premises
or, in the event of an emergency, fails to | ||||||
33 | attempt to contact
the property owner or legal tenant in person | ||||||
34 | and, if personal contact cannot be
made, fails to leave a door | ||||||
35 | hanger notice, then the franchise must give the
customer a $15 | ||||||
36 | credit plus the costs of any additional repairs or
|
| |||||||
|
|||||||
1 | reimbursement.
| ||||||
2 | If any franchisee personnel fail to clean up debris caused | ||||||
3 | by the
franchisee's activities at a work site or fails to | ||||||
4 | properly dispose of cable
materials,
then the franchisee must | ||||||
5 | give the customer a $15 credit plus the costs of
any cleanup | ||||||
6 | and disposal of debris.
| ||||||
7 | If a franchisee fails to deliver and pick up converters at | ||||||
8 | the home of
customers with disabilities or, in the case of a | ||||||
9 | malfunctioning converter, the
technician fails to provide | ||||||
10 | another converter, hook it up, ensure that it is
working | ||||||
11 | properly, and return
the defective converter to the franchisee, | ||||||
12 | then the franchisee must give the
customer a $25 credit.
| ||||||
13 | If a franchisee fails to provide TDD/TYY service through | ||||||
14 | trained operators
who can provide any assistance regularly | ||||||
15 | available from a customer service
representative at no charge,
| ||||||
16 | then the franchisee must give the customer a $25 credit.
| ||||||
17 | If a franchisee fails to install, at no charge, any closed | ||||||
18 | captioning device
purchased by a hearing impaired customer, | ||||||
19 | then the franchisee must give the
customer a $25 credit.
| ||||||
20 | If a franchisee fails to provide free use of a converter | ||||||
21 | remote control unit
to a mobility-impaired customer, then the | ||||||
22 | franchisee must give the customer a
$25 credit and provide a | ||||||
23 | remote control unit.
| ||||||
24 | If a franchisee fails to provide, upon installation and | ||||||
25 | upon a customer's
request, information concerning: (1) the | ||||||
26 | products and services offered; (2) the
complete range of | ||||||
27 | service options and prices; (3) the customer service
standards; | ||||||
28 | (4) instruction on use of cable TV, interactive TV, remote and
| ||||||
29 | standard VCR hookups; (5) billing, collection, and disconnect | ||||||
30 | policies; (6)
customer privacy requirements; (7) complaint | ||||||
31 | procedures, containing the contact
information of the | ||||||
32 | designated agency of the franchising authority to which the
| ||||||
33 | complaints should be addressed; (8) the use and availability of | ||||||
34 | A/B switch; (9)
the use and availability of parental control or | ||||||
35 | lock-out devices; (10) special
services for customers with | ||||||
36 | visual, hearing or mobility disabilities; (11) the
days, times |
| |||||||
|
|||||||
1 | of
operation, and locations of the service centers; and (12) a | ||||||
2 | copy of any
applicable municipal ordinances, then the | ||||||
3 | franchisee must give the customer a
$10 credit.
| ||||||
4 | If a franchisee fails to provide customers and the | ||||||
5 | franchising authority with
written notification of any change | ||||||
6 | in rates, programming, or channels at least
30 days before the | ||||||
7 | date of the change, then the franchisee must give each
affected | ||||||
8 | customer a $10 credit.
| ||||||
9 | If any officer, agent, or employee of the franchisee or any | ||||||
10 | of its
contractors and subcontractors in personal contact with | ||||||
11 | any customer fail to
have a visible identification card with | ||||||
12 | their name and photograph or fail to
orally identify themselves | ||||||
13 | upon first contact with the customer, then the
franchisee must | ||||||
14 | give the customer a $10 credit.
| ||||||
15 | If any customer service representative of the franchisee | ||||||
16 | fails to identify
himself or herself orally to customers | ||||||
17 | immediately following the greeting
during each telephone | ||||||
18 | contact with the public, then the franchisee must give
the | ||||||
19 | customer a $10 credit.
| ||||||
20 | If any customer service representative, technician, or | ||||||
21 | employee of the
franchisee in each contact with a customer | ||||||
22 | fails to orally state the estimated
cost of any service, | ||||||
23 | repair, or installation prior to delivery of the service
or | ||||||
24 | before any work is performed or fails to provide the customer | ||||||
25 | with an oral
statement of the total charges before terminating | ||||||
26 | the telephone call or before
leaving the location at which the | ||||||
27 | work was performed, then the franchisee must
give the customer | ||||||
28 | a $10 credit.
| ||||||
29 | If a franchisee violates the privacy of a customer under | ||||||
30 | any federal, State,
or local law, then the franchisee must give | ||||||
31 | the customer the choice of
either a check in the amount of $150 | ||||||
32 | or a credit to customer account in the
same amount.
| ||||||
33 | If a franchisee receives notice that an unsafe condition | ||||||
34 | exists with respect
to its equipment and the franchisee fails | ||||||
35 | to investigate the condition
immediately or fails to take the | ||||||
36 | measures necessary to remove or eliminate any
unsafe condition, |
| |||||||
|
|||||||
1 | then the franchisee must pay the franchising authority $40
a | ||||||
2 | day for each 24-hour delay in responding to the customer safety | ||||||
3 | concerns.
| ||||||
4 | If a franchisee fails to guarantee customer satisfaction to | ||||||
5 | every customer
who requests new or upgraded cable service or | ||||||
6 | other service of receiving the
service and receive a pro rata | ||||||
7 | credit in an amount equal to the pro rata charge
for the | ||||||
8 | remaining days of service being disconnected if the customer is
| ||||||
9 | dissatisfied with the service, except where a free promotion | ||||||
10 | has been offered,
then there shall be no charge of any kind for | ||||||
11 | the service or for disconnection
of
the service. The customer | ||||||
12 | shall have the opportunity to cancel upgraded cable
service or | ||||||
13 | other service within 30 days.
| ||||||
14 | (e) Within 60 days after the effective date of this | ||||||
15 | amendatory Act of the
93rd
General Assembly, all franchisees | ||||||
16 | shall mail to each customer a summary of the
customer | ||||||
17 | protections set forth in this Section, at no charge to the | ||||||
18 | customer.
The
summary shall include
the full text of this | ||||||
19 | Section and be in a form acceptable to the franchising
| ||||||
20 | authority.
| ||||||
21 | (f) The provisions of this Section shall supersede any | ||||||
22 | contradictory or
inconsistent provision of State or local law | ||||||
23 | or any initial or renewal
franchise agreement.
| ||||||
24 | (g) A home rule unit may not regulate community antenna | ||||||
25 | television systems
in a
manner inconsistent with the provisions | ||||||
26 | of this Act. This Section is a
limitation under subsection (i) | ||||||
27 | of Section 6 of Article VII of the Illinois
Constitution of the | ||||||
28 | concurrent exercise by home rule units of powers and
functions | ||||||
29 | exercised by the State.
|