Conn. Agencies Regs. § 16-333-9 - Information
(a) Upon request, each CATV company shall
provide its subscribers reasonable information on home operation in order that
safe and proper service may be furnished.
(b) Each CATV company shall have personnel on
duty at all times to respond in a prompt and reasonable manner to all
inquiries, complaints and other service requests made to it, either by person,
telephone or in writing. The definition of "personnel" may include an answering
service outside of normal business hours.
(c) Each CATV company shall, every three
months, provide on bills, bill inserts or letters to subscribers the following
information:
(1) the company's telephone
number(s);
(2) the department of
Public Utility Control's consumer assistance toll-free telephone
numbers;
(3) A summary of the
company's procedures for providing refunds or credits for service interruptions
pursuant to section
16-333e(a)
of the Connecticut General Statutes; and
(4) A notice indicating that the company is
required to restore interrupted service pursuant to section
16-333i(b)
of the Connecticut General Statutes not later than twenty-four hours after
notification by a subscriber that service has been interrupted.
(d) Each CATV company shall be
subject to a civil penalty where:
(1) the
department has received subscriber complaints having to do with service outages
or interruptions, installations, disconnections, terminations, service calls,
billing disputes, inadequate level of signal quality, workmanship or employee
attitude in serving the public, the source of which are from factors within the
operator's control, and
(2) such
complaints have not been resolved or satisfactorily explained to the department
within one week after receipt of notice from the department, and
(3) such complaints, on a monthly basis,
equal or exceed a total number of sixty, or the ratio of complaints to
subscribers equals one-half of one percent on a monthly basis, whichever is
less, during any two months in a rolling six month period.
(e) Any CATV company, which, upon reasonable
belief and after notice and opportunity to be heard, is found to have exceeded
the number of complaints or the ratio of complaints to subscribers as specified
in section
16-333-9(d)
(3) of these regulations, shall be fined by order of this department, not more
than five thousand dollars for each offense. Each separate occurrence in which
the company exceeds the number of complaints or ratio of complaints to
subscribers as specified in section
16-333-9(d)
(3) of these regulations shall be considered a separate offense. The complaints
received in any one month shall not be used more than one time by the
department in any proceeding for the assessment of a civil penalty brought
pursuant to section
16-333-9(f)
of these regulations. Where the department has reason to believe that a company
has exceeded the number of complaints or ratio of complaints to subscribers as
specified in Section
16-333-9(d)
(3) of these regulations, the procedures for notice, hearing, orders and appeal
shall be in accordance with section
16-41
of the Connecticut General Statutes.
(f) Each CATV company, which, upon reasonable
belief and after notice and opportunity to be heard, is found by the department
to have exceeded the number of complaints or ratio of complaints to subscribers
as defined by section
16-333-9(d)
(3) of these regulations and has been found to have committed three (3)
offenses within any eighteen month period pursuant to section
16-333-9(e),
shall be subject to additional fines pursuant to section
16-333-9(e)
or to franchise revocation, as determined by the department pursuant to public
hearing. The procedures for notice, hearing, orders and appeal shall be in
accordance with section
16-41
of the Connecticut General Statutes, however where a CATV company may be
subject to a franchise revocation, such remedy may be made only after public
hearing.
(g) If the department has
reason to believe that a violation has occurred for which a CATV company may be
subject to a civil penalty or franchise revocation, pursuant to sections
16-333-9(d),
16-333-9(e)
or
16-333-9(f)
of these regulations, it shall send to the violator by certified mail, return
receipt requested, or by personal service, a notice which shall include:
(1) A reference to the section of the
statute, regulation or order involved;
(2) A short and plain statement of the
matters asserted or charged;
(3) A
statement of the amount of the civil penalty proposed to be imposed after
notice and opportunity for a hearing; and
(4) A statement of the party's right to a
hearing and if franchise revocation is involved, notice of the time and place
for a hearing.
(h) The
CATV company to whom the notice of civil penalty is addressed, may, within
twenty days from the date of receipt of notice, deliver to the department
written application for a hearing. If a hearing is requested then, after a
hearing, and upon a finding that a violation has occurred, the authority may
issue a final order assessing a civil penalty under this section which is not
greater than the penalty stated in the notice. If such a hearing is not so
requested, or if such a request is later withdrawn, then the notice shall, on
the first day after the expiration of such twenty day period or on the first
day after withdrawal of such request for hearing whichever is later, become a
final order of the authority and the matters asserted or charged in the notice
shall be deemed admitted.
(i) All
hearings under this section shall be conducted pursuant to section
4-177
to
4-184
inclusive of the Connecticut General Statutes. The final order of the
department assessing a civil penalty or franchise revocation shall be subject
to appeal under section
4-183 of
the Connecticut General Statutes. Any civil penalty authorized by this section
shall become due and payable upon the final decision of the authority becoming
a final order pursuant to section
16-333-9(h)
of these regulations.
Notes
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