Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.710 Refunds and Service Terminations

1. A franchisee shall establish and conform to the following policy regarding refunds to subscribers and users:

1. 1. As used herein, the term “deposit” includes a cash deposit, prepayment or any other form of financial security required by a franchisee from its subscribers as a condition of service or contract benefits before such services or benefits are actually provided. The intent of this section is to set out a framework for handling subscriber deposits and to ensure that customer funds are kept safely and promptly returned when reasonable conditions imposed thereon are satisfied. Whether to require deposits, the amount and the terms and conditions of a deposit is within a franchisee’s reasonable business discretion, subject to the requirement of fair dealings with subscribers.

1. 2. If a franchisee elects to require a deposit, the terms and conditions thereof shall be clearly set forth in writing in the customer service manual or other document which shall be given to the subscriber at or before the time the deposit is paid.

1. 1. 1. A copy of said document shall be available to the City upon request (any confidential customer information may be redacted or deleted).

1. 1. 2. In addition, a written record of the deposit and conditions of deposit return must be maintained by franchisee until such funds or security received is returned to the depositor.

1. 3. For purposes of SMC 10.27A.310(A), unless otherwise required under applicable state law, all deposits shall be kept in a separate and secure trust account by a franchisee, protected against execution or claim by any creditors.

1. 1. 1. Funds over five hundred dollars shall bear interest at a prevailing rate for twelve-month CDs or other reasonable rate specified by the franchisee.

1. 1. 2. Upon fulfillment of commercially reasonable requirements set by the franchisee by the subscriber, the deposit shall be promptly returned.

1. 1. 3. Disputes over deposits qualify as complaints unless promptly resolved as provided in the definition of “complaint.” [See SMC 10.27A.040(J)]

2. The following requirements shall apply to subscriber disconnection:

1. 1. A subscriber shall have the right to voluntarily terminate cable service at any time, subject to applicable law and contractual agreements, if any, provided the subscriber provides notice to the franchisee.

1. 1. 1. This shall not limit franchisee’s right to recover any unpaid balance owing on the account and procure the return of all applicable cable communications equipment.

1. 1. 2. If a subscriber is eligible to receive a refund associated with the termination, the franchisee shall issue such refund within a reasonable period of time after receiving notice and any associated equipment from the subscriber.

1. 2. Subject to applicable law, the franchisee shall have the right to involuntarily terminate cable service with a subscriber. Involuntary terminations shall be non-discriminatory, with cause, advanced notification and an opportunity for the subscriber to remedy the situation prior to termination.

1. 1. 1. A franchisee shall have the right to charge a subscriber for such termination, consistent with applicable law, and reinstate cable service to a terminated subscriber upon payment in full of all proper fees or charges, including the payment of any reconnection charges.

1. 3. If any subscriber fails to pay a properly due monthly subscriber’s fee, or any other properly due fee or charge, a franchisee may disconnect the subscriber’s service; provided, however, that such disconnection shall not be effected until thirty days after the due date of the monthly subscriber fee or charges and shall include a minimum ten days’ written notice to the subscriber of the intent to disconnect.

1. 1. 1. After disconnection, upon payment in full of all proper fees or charges, including the payment of any reconnection charge (which shall not exceed the fee for a new installation), a franchisee shall promptly reinstate the service. Any interest charged for delinquent payments shall be at a rate no greater than the statutory rate for judgments.

1. 4. Subsection (B)(3) of this section shall not apply to subscribers who previously have been disconnected for non-payment in accordance with the provisions of this chapter.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)