67.2692.  Customer service requirements — definitions — inquiries, process for handling — toll-free number to be maintained — filing of complaints. — 1.  For purposes of this section, the following terms shall mean:

  (1)  "Normal business hours", 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 or some weekend hours;

  (2)  "Normal operating conditions", those service conditions which are within the control of the video service provider.  Those conditions which are not within the control of the video service provider 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 video service provider 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 video system;

  (3)  "Service interruption", the loss of picture or sound on one or more video channels.

  2.  Upon ninety days' notice, a franchise entity may require a video service provider to adopt the following customer service requirements:

  (1)  The video service provider will maintain a local, toll-free or collect call telephone access line which may be available to its subscribers twenty-four hours a day, seven days a week;

  (2)  The video service provider shall have trained company representatives available to respond to customer telephone inquiries during normal business hours;

  (3)  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 shall be responded to, by a trained company representative, on the next business day;

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

  (5)  The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards provided under subdivisions (1) to (4) of this subsection, unless a historical record of complaints indicates a clear failure to comply;

  (6)  Under normal operating conditions, the customer will receive a busy signal less than three percent of the time;

  (7)  Customer service center and bill payment locations shall be open at least during normal business hours and shall be conveniently located;

  (8)  Under normal operating conditions, each of the following four standards shall be met no less than ninety-five percent of the time measured on a quarterly basis:

  (a)  Standard installations shall be performed within seven business days after an order has been placed.  "Standard" installations^* are those that are located up to one hundred and twenty-five feet from the existing distribution system;

  (b)  Excluding conditions beyond the control of the operator, the video service provider shall begin working on service interruptions promptly and in no event later than twenty-four hours after the interruption becomes known.  The video service provider must begin actions to correct other service problems the next business day after notification of the service problem;

  (c)  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 calls and other installation activities outside of normal business hours for the express convenience of the customer;

  (d)  A video service provider shall not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment;

  (e)  If a video service provider's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer must be contacted.  The appointment shall be rescheduled, as necessary, at a time which is convenient for the customer;

  (9)  Refund checks shall be issued promptly, but no later than either:

  (a)  The customer's next billing cycle following resolution of the request or thirty days, which ever is earlier; or

  (b)  The return of the equipment supplied by the video service provider if the service is terminated;

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

  3.  An agency of the state of Missouri shall not have the power to enact or adopt customer service requirements specifically applicable to the provision of video service.

  4.  A video service provider shall implement an informal process for handling inquiries from franchise entities and customers concerning billing issues, service issues, and other complaints.  In the event an issue is not resolved through this informal process, a franchising entity may request a confidential nonbinding mediation with the video service provider, with the costs of such mediation to be shared equally between the franchising entity and the video service provider.

  5.  Each video service provider shall maintain a local or toll-free telephone number for customer service contact.

  6.  (1)  In the case of repeated, willful, and material violations of the provisions of this section by a video service provider, a franchise entity may file a complaint on behalf of a resident harmed by such violations with the administrative hearing commission seeking an order revoking the video service provider's franchise for that political subdivision.  A franchise entity or a video service provider may appeal any determination made by the administrative hearing commission under this section to a court of competent jurisdiction, which shall have the power to review the decision de novo.

  (2)  No franchise entity shall file a complaint seeking revocation unless the video service provider has been given sixty days' notice by the franchise entity to cure alleged breaches, but has failed to do so.