§ 1-10-208. Policy with respect to billing disputes and/or contested charges.

(a)

In those instances in which a subscriber contests the actual amount of a periodic invoice, or the imposition of a charge for a particular cable service or technical service request (such as installation or downgrade), or the amount of an administrative fee and/or late charge, such subscriber shall make the franchised cable operator aware (either in writing or a verified verbal communication) of such contested amount prior to the cable service being disconnected.

(b)

As noted elsewhere in this article, a franchised cable operator shall not consider a subscriber delinquent for failure to pay a charge for unsolicited cable service.

(c)

In the instances where a subscriber has notified a franchised cable operator of a particular billing dispute, the subscriber may pay the full amount of the contested charge to the franchised cable operator, noting that the charge is disputed, until the matter is either administratively or judicially resolved. In cases of multiple billing disputes, then the subscriber must pay the full amount of each contested charge to the franchised cable operator, noting each charge that is disputed.

(d)

Where, prior to disconnection, a subscriber pays the full amount of the contested charge to the franchised cable operator, noting the disputed charges, the franchised cable operator may not then disconnect the subscriber during the pendency of the billing dispute, unless said subscriber becomes delinquent in the payment of other bills or charges, and those delinquent charges are not similarly contested and paid to the franchised cable operator. Moreover, after the subscriber pays the full amount of the contested charge to the franchised cable operator, the subscriber shall not be liable for further administrative fees and/or late charges that are connected with the particular contested charge in question.

(e)

Where the subscriber preserves his/her right to continued service by paying the full amount of the contested charge to the franchised cable operator, the subscriber may thereafter subscribe to additional cable services, such as premium, and pay-per-view events, so long as the subscriber adheres to any, and all, franchised cable operator-imposed rules.

(f)

Upon final resolution of the billing dispute, the money paid to the franchised cable operator for the disputed charge shall be distributed to the respective parties in the amount noted in any settlement agreement, or any administrative or judicial order or decision.

(g)

The above-described provisions shall be in addition and supplemental to any policy maintained by a franchised cable operator concerning the resolution of complaints.

(Ord. No. 97-023, § 1, 4-22-97)