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All Call Response statistics shall be measured on the basis of call response statistics in all call centers that serve Subscribers. If the call centers serve Subscribers located in other communities, the Franchisee shall insure that call center representatives do not give priority or preferential treatment to Subscribers located in other communities.

A. Definition of Call Response terms:

i. Answer time is the interval between when the Franchisee receives a call and when an interactive voice response (IVR) or agent answers.

ii. Speed of Answer is the amount of time between when the customer is transferred into the agent queue from either an IVR or an agent and the time an agent answers.

iii. Calls Abandoned is the percentage of calls in any agent queue that are abandoned.

iv. Trunks Busy represents the percentage of time customers receive a busy signal when they call customer service during normal business hours.

2.1. Each Franchisee will establish a publicly listed local toll-free telephone number. Customer servicerepresentatives must answer the phone at least ten (10) hours per day, Monday through Saturday, except legal holidays, for the purpose of receiving requests for service, inquiries, and complaints from Subscribers. After such business hours the phone will be answered so that customers can register complaints and report service problems on a twenty-four (24) hour per day, seven (7) day per week basis, and so that the Franchisee can respond to service outages as required herein.

2.2. Standards for Call Response

2.2.1. Answer Time will not exceed thirty (30) seconds or four (4) rings. Under normal operating conditions the Franchisee shall meet this requirement at least ninety (90) percent of the time.

2.2.2. The average Speed of Answer shall not exceed thirty (30) seconds. Under normal operating conditions the Franchisee shall meet this requirement at least ninety (90) percent of the time.

2.2.3. The percentage of Calls Abandoned shall not exceed three (3) percent under normal operating conditions.

2.2.4. Subscribers shall receive a Trunks Busy signal less than three (3) percent of the time under normal operating conditions.

2.3. Call Response Reports

2.3.1. Franchisee shall submit reports on Call Response statistics every calendar quarter, except as otherwise provided in this section.

2.3.2. If any of a Franchisee’s quarterly Call Response statistics fail to demonstrate compliance with any applicable requirement, the Franchisee must thereafter submit monthly reports on all Call Response times until the Franchisee requests and the County approves resuming quarterly reporting.

2.3.3. Information in the reports about Call Response times shall be determined on the basis of the simple average of results during business hours under normal operating conditions for the entire reporting period, and any report submitted at the end of a calendar quarter shall report the total number of calls during the preceding quarter and the average Call Response times during that quarter.

2.4. Other Reports

2.4.1. A Franchisee shall submit reports on all customer service standards identified in Section 2 during each successive calendar quarter for the term of the Franchise except as otherwise might be provided herein. If a Franchisee’s reports for two (2) quarters within a calendar year fail to demonstrate that the Franchisee has complied with any customer service standard in paragraphs 2.1 through 2.3 of this section, the Franchisee shall thereafter submit monthly reports about performance of each such requirement until it reports three (3) consecutive months with less than five (5) percent deviation from any minimum required standard unless the Franchisee demonstrates to Humboldt County’s satisfaction that the deviation occurred when it was not operating under normal operating conditions as defined in 47 C.F.R. § 76.309 and reports on the nature and duration of such nonnormal operating conditions.

2.4.2. Timing. A Franchisee shall submit reports within thirty (30) days after the close of the applicable reporting period. Each report shall include data from the applicable reporting period.

2.4.3. Each of the reporting requirements is self-executing and the Franchisee agrees that Humboldt County does not need to provide additional notice or an opportunity to cure in order to establish that the Franchisee has committed a breach of these requirements for the purposes of the Franchisee’s obligation to pay penalties as described in Section 24.

2.4.4. Compliance. If a monthly or quarterly report indicated that a Franchisee has failed to meet any of the minimum required standards, the Franchisee shall provide a written explanation of the deviation within ten (10) business days of the report, including steps being taken to cure the deviation, and the time expected to implement the cure. A Franchisee must cure within thirty (30) days unless a longer period is agreed to in writing by Humboldt County, which agreement shall not be unreasonably withheld.