1. Consumer Protection Under Statewide Video Franchises
SCAN NATOA Annual Conference
May 24, 2007

2. Division of Ratepayer Advocates
Purpose
The Division of Ratepayer Advocate’s (DRA’s) consumer protection role under the Digital Infrastructure Video and Communications Act (DIVCA)
Identify ways for DRA to work with local entities to protect video consumers
2/24/2019
Division of Ratepayer Advocates

3. Division of Ratepayer Advocates
Topics of Discussion
Overview of DRA’s statutory role and mission
Requirements under DIVCA
Building a working relationship with local entities
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Division of Ratepayer Advocates

4. Overview of DRA’s Role and Statutory Mission
DRA is an independent division of the CPUC
DRA’s legislative mandate is to advocate on behalf of the interests of public utility and video customers
DRA’s statutory goal is to obtain the lowest possible rate for service consistent with safe and reliable service levels.
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Division of Ratepayer Advocates

5. Division of Ratepayer Advocates
How DRA Operates
Independent from the CPUC for policy, budget and resources
Participates in CPUC administrative proceedings by analyzing utility filings and assessing policy initiatives
Performs investigations and legal discovery
Prepares expert analysis and testimony
Lobbies Commissioners and Legislature
Negotiates settlements
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Division of Ratepayer Advocates

6. Division of Ratepayer Advocates
DRA’s Role Under DIVCA
Public Utilities (PU) Code section 5900(k)
DRA shall have authority to advocate on behalf of video customers regarding renewal of a state-issued franchise and enforcement of:
PU Code section 5890 (anti-discrimination and build out provisions),
PU Code section 5900 (customer service and consumer protection standards), and
PU Code section 5950 (cross-subsidization prohibition)
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Division of Ratepayer Advocates

7. Anti-Discrimination and Build-Out Provisions (5890)
DRA is barred from independently filing a formal complaint regarding discrimination issues
DRA can raise discrimination issues by:
Informally raising the issue with the Commission;
Participating in a formal investigation or enforcement action initiated by the Commission; and
Partnering with a local entity to bring a joint complaint.
The Commission’s implementation decision (D ) does not allow DRA to file complaints concerning the actions of state video franchise holders.
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Division of Ratepayer Advocates

8. Customer Service and Consumer Protection Standards (5900)
Local Entities, not CPUC have jurisdiction for enforcement
Prohibited from establishing new standards
DRA’s enforcement authority for customer service and consumer protection will be practiced before local entities and the courts
State Legislature can enact additional standards
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Division of Ratepayer Advocates

9. Prohibition of Cross Subsidization (5950)
Franchise holders cannot use revenue from basic residential phone service to offset video service prices
Residential phone service prices cannot be increased until January 1, 2009
Future protection only through affiliate rules and accounting requirements
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Division of Ratepayer Advocates

10. Division of Ratepayer Advocates
Consumer Protection
Customer Service and Consumer Protection Standards
Government Code
Customer Service standards: installation, disconnection, service and repair, service call response time and scheduling, office hours, billing, procedures for service termination, programming change and rate increase notice, complaint and bill dispute procedures (53055)
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Division of Ratepayer Advocates

11. Consumer Protection (cont’d)
Annual notice to employees, customers, city and county describing customer service standards. The notice shall include the customer service standards, a listing and description of the services offered, the rates for each level of service, a telephone number for customer service and a description of rights and remedies available. Video providers must report annually on customer service standard performance. ( )
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Division of Ratepayer Advocates

12. Consumer Protection (cont’d)
Providers shall render reasonably efficient service, make repairs promptly, and interrupt service only as necessary. Specific notice requirements for rate increases, allowance for bill payment, rules and notice for service termination, refund requirements, and sets forth schedule of penalties. ( )
Customer Privacy Protections (Penal Code Section )
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Division of Ratepayer Advocates

13. Consumer Protection (cont’d)
Customer service rep availability by toll-free phone 24/7; response time guidelines for service installation (within 7 business days) or interruption (work to commence within 24 hours), and 4 hour appointment windows; and timely refunds and credits. Federal Cable Act (47 U.S.C.)
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Division of Ratepayer Advocates

14. Working with Local Entities
Local entities receive customer complaints
Local entities can file complaints regarding discrimination and build-out issues
DRA has access to all information possessed by the CPUC
DRA has experience with and knowledge of CPUC process
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Division of Ratepayer Advocates

15. Division of Ratepayer Advocates
Next Steps
DRA and local entities need to establish process for monitoring video franchisee performance
Awareness of current customer service standards and local enforcement
Follow up meetings to develop process going forward
2/24/2019
Division of Ratepayer Advocates

16. Contact Information
Division of Ratepayer Advocates:
Cynthia Walker, Deputy Director ,
Mary Jo Borak, Supervisor ,
Consumer Services and Information Division:
Phil Enis, Program Manager ,
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Division of Ratepayer Advocates