§ 47-2. Definitions.

The definitions set forth below shall apply to this chapter.

47-2.01. "Adequate staffing" as used herein means that sufficient customer service representatives are available to respond to customer inquiries within the required telephone answer time hereunder.

47-2.02 "Basic service level" as used herein means any service tier which includes the retransmission of local television broadcast signal.

47-2.03 "Business day" as used herein means any day which is not a Sunday and not a designated state or federal holiday.

47-2.04 "Business hours" as used herein means a nine (9) hour period on any business day that falls on any weekday (Monday through Friday) and a five (5) hour period on any Saturday.

47-2.05 "Channel outage" as used herein means a loss of a cable signal for at least one channel of cable service reported to the company and simultaneously affecting at least ten (10) customers or otherwise confirmed by the company but which is not a service outage.

47-2.06 "Channel positioning" as used herein means the cable system channel number on which various programming is located and to which customer equipment is set for the reception of said programming.

47-2.07 "Closing date" as used herein means the date of a business day through which all charges are imposed and payments and credits reflected for any given billing.

47-2.08 "Collection Action" as used herein means any initiation of adverse credit evaluation or referral to any credit reporting agency, association, or bureau not owned or operated by the company and/or the threatened or actual initiation of legal action.

47-2.09 "Company" as used herein means any person or entity which constructs and/or operates a cable television system which occupies in whole or any part the public rights of way, including without limitation public utility easements and, to the extent authorized by law, other video providers as that term is defined by the Video Customer Service Act (Cal. Govt. Code §§ 53038 et seq.), provided that no failure, refusal or neglect on the part of the franchise authority to enforce the provisions hereof against such video providers who are not franchisees or licensees of the franchise authority shall be a defense or mitigation to any degree whatever to any enforcement by the franchise authority against such franchisees and/or licensees.

47-2.10 "Customer" as used herein means any person in a building comprising four (4) or fewer residential units utilizing video cable service provided by the company for consideration. "Customer service representative" as used herein means an agent, employee, or contractor of the company authorized and empowered to bind the company as to the subject matter of the standard utilizing the term "customer service representative."

47-2.11 "Customer service supervisor" as used herein means one or more agents, employees, or contractors of the company authorized and empowered by the company to control and direct the activities of customer service representatives.

47-2.12 "Deposit" as used herein means all amounts paid by a customer which are not credited to a current charge otherwise attributable to customer within ten (10) business days after receipt thereof.

47-2.13 "Downgrade" as used herein means a change, deletion, and/or modification of a customer's subscriptions to premium services and/or service tiers above the basic service level which results in a net deletion of at least one premium service and/or one service tier above the basic service level.

47-2.14 "Due date" as used herein means the date of a business day not less than ten (10) days after the inception of the period of cable television service for which the billing is being made by which date payment of the billing is due.

47-2.15 "Franchise authority" as used herein means the county of Butte, or the county of Butte's designee, as it is empowered by federal, state, or local law to authorize the construction and/or operation of a cable television system by franchise, permit, license, contract, resolution, certificate or any other agreement or authorization.

47-2.16 "Instrument of payment" as used herein means any means by which a customer makes payment to the company, including without limitation cash, check, draft, money order or electronic funds transfer.

47-2.17 "Person" as used herein means any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit.

47-2.18 "Poor signal quality" as used herein means a signal reception by a customer below the standards for such a signal as adopted by the Federal Communications Commission, including without limitation Part 76 of the Federal Communications Commission Code.

47-2.19 "Pre-cable condition" as used herein means the array and inter-connection of the customer's equipment, including without limitation connection to interior and/or exterior antenna as the customer's equipment was connected and arrayed immediately prior to installation and inception of delivery of cable service by the company and/or its predecessor in interest.

47-2.20 "Service call" as used herein means any work requiring the visit of the company's representative to the point of service and any appointment requiring the presence of the customer, including without limitation installation, repair and additional outlets.

47-2.21 "Service center" as used herein means a fixed location where customers and potential customers may conduct business with the company.

47-2.22 "Service outage" as used herein means a loss of all channels upon the cable system resulting from a common cause reported to the company and simultaneously affecting at least ten (10) customers or otherwise confirmed by the company within a given geographical area defined by the company of not less than one-half (½) square mile.

47-2.23 "Standard installation" as used herein means that active cable is in the easement within one hundred twenty-five (125) feet or such greater distance and circumstance as is defined as a "standard installation" in the company's franchise agreement with the franchise authority.

47-2.24 "Telephone answer time" as used herein means that period of time from the first ring to the company to the acknowledgment or answer by a customer service representative or to the menu selection presented by an automatic response unit ("ARU"), and includes all waiting and/or "on hold" time. Acknowledgment by an ARU without providing the customer or potential customer the opportunity to select from the menu of options shall not be considered answering the call within the meaning of these regulations.

47-2.25 "Toll-free" as used herein means that no charge shall be imposed upon a party calling from a residential, flat rate telephone at a point of service delivery.

47-2.26 "Video provider" as used herein means a video provider as defined in California Government Code § 53088.1(a) and California Business and Professions Code § 22770(b), as said definitions may be amended from time to time.

(Ord. No. 3758, § 1, 8-28-2001)