§ 34-131. Consumer protection standards.

Cable operators and video service providers shall conform to the following consumer protection standards:

(1)

The following standards are stated in section 10 of the Michigan Uniform Video Services Local Franchise Act (the "Act"), MCL 484.3310:

a.

A video service provider shall not, in connection with the providing of video services to its subscribers, do any of the following:

1.

Make a statement or representation, including the omission of material information, regarding the rates, terms or conditions of providing video service that is false, misleading or deceptive. As used in this subsection, the term "material information" includes, but is not limited to, all applicable fees, taxes and charges that will be billed to the subscriber, regardless of whether the fees, taxes or charges are authorized by state or federal law.

2.

Charge a customer for a subscribed service for which the customer did not make an initial affirmative order. Failure to refuse an offered or proposed subscribed service is not an affirmative order for the service.

3.

If a customer has canceled a service, charge the customer for service provided after the effective date the service was canceled.

4.

Cause a probability of confusion or a misunderstanding as to the legal rights, obligations or remedies of a party to a transaction by making a false, deceptive or misleading statement or by failing to inform the customer of a material fact, the omission of which is deceptive or misleading.

5.

Represent or imply that the subject of a transaction will be provided promptly, or at a specified time, or within a reasonable time, if the provider knows or has reason to know that it will not be so provided.

6.

Cause coercion and duress as a result of the time and nature of a sales presentation.

b.

Each video service provider shall establish a dispute resolution process for its customers. Each provider shall maintain a local or toll-free telephone number for customer service contact.

c.

Each provider shall notify its customers of the dispute resolution process created by the legislature found under the Act.

(2)

The following customer service standards are stated in the rules of the Federal Communications Commission found at 47 CFR 76.309:

a.

Cable system office hours and telephone availability.

1.

The cable operator will maintain a local, toll-free or collect telephone access line which will be available to its subscribers 24 hours a day, seven days a week.

(i)

Trained company representatives will be available to respond to customer telephone inquiries during normal business hours.

(ii)

After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day.

2.

Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis.

3.

The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards of subsection (2)a.2 of this section unless an historical record of complaints indicates a clear failure to comply.

4.

Under normal operating conditions, the customer will receive a busy signal less than three percent of the time.

5.

Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located.

b.

Installations, outages and service calls. Under normal operating conditions, each of the following four standards will be met no less than 95 percent of the time, measured on a quarterly basis.

1.

Standard installations will be performed within seven business days after an order has been placed. Standard installations are those that are located up to 125 feet from the existing distribution system.

2.

Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem.

3.

The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. (The operator may schedule service call and other installation activities outside of normal business hours for the express convenience of the customer.)

4.

An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment.

5.

If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer.

c.

Communications between cable operators and cable subscribers.

1.

Refunds. Refund checks will be issued promptly, but no later than either:

(i)

The customer's next billing cycle following resolution of the request or 30 days, whichever is earlier; or

(ii)

The return of the equipment supplied by the cable operator if service is terminated.

2.

Credits. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted.

d.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection (2)d., except where the context clearly indicates a different meaning:

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, the term "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.

Normal operating conditions means those service conditions which are within the control of the cable operator. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Service interruption means the loss of picture or sound on one or more cable channels.

(3)

The applicable customer service standards are in the Michigan Consumers Protection Act, Public Act No. 331 of 1976 (MCL 445.901 et seq.).