Section 15-3111. REPAIR; OUTAGE AND RECEPTION PROBLEMS

 

3111.1A cable operator shall have technicians on call twenty-four (24) hours per day, seven (7) days per week, including legal holidays, to address and repair system outages and other service problems.

 

3111.2A cable operator shall maintain sufficient repair and maintenance capacity so as to be able to correct outages and repair service problems within the time periods identified by this subsection.

 

3111.3A cable operator shall correct a system outage (loss of reception on all channels affecting five (5) or more subscribers) within four (4) hours after a cable operator receives the fifth (5th) subscriber's call regarding the outage, except as provided in subsection 3111.8. If a cable operator fails to comply with this provision, the cable operator shall grant each affected subscriber, upon request, a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for any period exceeding four (4) hours in which the outage continues during any twenty-four (24) hour period, and automatically, without request from subscribers, for any period exceeding twelve (12) hours that the outage continues during any twenty-four (24) hour period.

 

3111.4A cable operator shall correct a service interruption (the loss of picture or sound on one or more channels affecting less than five (5) subscribers) within twenty-four (24) hours, except as provided in subsection 3111.8. If a cable operator fails to comply with this provision, the cable operator shall grant each affected subscriber a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for each subsequent day on which the service interruption continues.

 

3111.5If a system outage or service interruption materially affects a pay-per-view or special event for any period of time, a cable operator shall grant the affected subscribers a credit equal to the full value of the service.

 

3111.6A reception problem (reception that an affected subscriber reasonably determines is unsatisfactory, unless a cable operator demonstrates that the signals transmitted to the subscriber are in compliance with applicable performance standards regarding video or audio signal quality) or other service problem of either picture or sound quality shall be repaired within forty-eight (48) hours after a cable operator receives a request for repair service. If a cable operator fails to comply with this provision, the cable operator shall grant affected subscribers a credit equal to, at least, one (1) day worth of the monthly charge for any affected service or service tier for each subsequent day on which the reception problem continues.

 

3111.7A cable operator shall initiate investigative action in response to a service call regarding a problem other than a system outage or a service interruption not later than the next day after notification unless the subscriber requests an appointment at a later date.

 

3111.8A cable operator shall correct a system outage or service interruption due to a cause beyond the control of a cable operator within forty-eight (48) hours after the condition has ceased.

 

3111.9OCT shall excuse a cable operator's failure to correct a system outage or service interruption or to a make repair within the stated time periods if OCT reasonably agrees with a cable operator that correcting the outage or making the repair was not reasonably possible within the permitted time period.

 

3111.10A complaint shall be considered resolved when signals received by the subscriber have been brought into compliance with applicable federal standards.

 

3111.11A repair or corrective action that the cable operator knows does not require a cable operator to enter a subscriber's premises shall not require a subscriber to make an appointment, shall not require the subscriber to be available on-site, and shall not be delayed on account of a cable operator's inability to contact the subscriber. A cable operator shall complete the repair or corrective action within the time limits specified in this section.

 

3111.12A cable operator shall take timely measures to post an appropriate message, including identifiable locations, geographic areas or neighborhoods affected, on its telephone system to notify subscribers of system outages. The message shall also provide instructions for subscribers whose converters or navigation devices may not be functioning as a result of the system outage.

 

3111.13A cable operator shall not charge a subscriber for a service call to his or her address to perform repair or maintenance work, if the cause of the work is the cable operator's fault.

 

3111.14For the purpose of automatic credits addressed in this section 3111, a cable operator shall apply credits to accounts of all subscribers within an identifiable location or geographical area.

 

source

Final Rulemaking published at 49 DCR 6797 (July 19, 2002).