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Cable Franchise Enforcement History

Examples of MHCRC Regulatory Action:

Verizon Failure to Provide MetroEast PEG Access Channels
January 2009 - The MHCRC unanimously voted to schedule a a formal hearing, in accordance with MHCRC Rules of Procedure, for February 23, 2009 in order to make a determination on a potential franchise violation with respect to Verizon’s failure to include MetroEast PEG channels as part of Basic Service when Verizon began offering cable service to subscribers in its Gresham service area on November 25, 2008 (Service Date).

Customer Service Standards - Notice Requirements (2006-present)
MHCRC VOTES TO FINE COMCAST $43,899 FOR FAILURE TO NOTIFY CUSTOMERS OF OCTOBER ’07 SERVICE CHANGES ( MHCRC Preference is that Penalty Amount be Credited on Affected Subscriber Bills)
In connection with failing to adequately notify subscribers of the loss of several cable channels which moved to more expensive digital tiers in October 2007, and as part of an ongoing effort to hold Comcast accountable for its services to more than 150,000 subscribers who live in Multnomah County, the Mt. Hood Cable Regulatory Commission (“MHCRC”) unanimously voted to assess Comcast $43,899 for violating the 30-day customer service notice requirement of franchise agreements overseen by the MHCRC on behalf of Multnomah County and the Cities of Portland, Gresham, Troutdale, Fairview, and Wood Village (“Jurisdictions”).

Section V of the Customer Service Standards requires that Comcast provide subscribers with 30-day advance written notice of any changes in rates, programming or channel positions.

  • Order 2008-01: Establishing Penalties for Comcast’s Failure to Meet Customer Service Standards re: 30-day Advance Notice To Subscribers for Programming and Channel Changes
  • On April 3 Comcast notified the MHCRC that it would not be administratively possible to identify affected subscribers in order to process refunds. Therefore, Comcast paid the total penalty ($43,899) to the Commission.

Company/Subscriber Service Agreements (2003-2005)
In early February 2003, the MHCRC requested that Comcast provide proposed changes to any service agreements affecting area subscribers in order to have an opportunity to review/discuss with Comcast. While the Company did not give MHCRC staff this courtesy, a local news reporter provided staff with Comcast’s new privacy policy. Following review of the policy, the MHCRC prepared a five-page letter to Comcast requesting further detail on its efforts to protect subscribers’ personal information and to justify its privacy policy against federal law and local franchise language. The MHCRC continues to monitor Comcast’s adherence to local, state and federal privacy laws and is actively pursuing options to help protect subscriber privacy. To read more about Comcast's Privacy Policy and the MHCRC investigation click here.

Franchise Fee Payments (2003)
The MHCRC pursued regulatory and legal processes to ensure correct accounting for franchise fee payments under the franchises. After Comcast refused several written requests for quarterly reports of cable modem revenue, the MHCRC, relying on the information-gathering authority under the franchise, proposed Order 2001-09 which established a format for quarterly reports of cable modem fee revenue and directed Comcast to provide reports in the format specified. Comcast complied with the Order.

Related Document:

Performance and Construction Bonds (2003)
The MHCRC initiated a process for securing current performance and construction bonds from Comcast in accordance with the Franchises. MHCRC staff identified the franchise requirement and missing documentation and, with legal counsel oversight, worked with the company to bring this franchise obligation into compliance.

Cable Customer Service Standards (2001-2002)
The Mt. Hood Cable Regulatory Commission completed two separate actions assessing $300,000 in fines against AT&T Broadband for failing to comply with cable customer telephone answering standards. The company waived its right to a formal hearing to contest the determination.

Related Documents:

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Mt. Hood Cable
Regulatory Commission

1120 SW Fifth Ave.
Rm 1305
Portland, OR 97204

tel: 503.823.5385
fax: 503.823.5370
email: MHCRC

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1.888.824.8264
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1.888.438.3467
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503.659.2202
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