(A) Notice. A cable operator in the village who wishes to increase its rates for the basic service tier or associated equipment shall file a request with the village and the ICRC and notify all subscribers at least 30 days before the cable operator desires the increase to take effect. Such request may not be made more often than annually, and not until at least one year after the determination of the initial basic cable rates.
(B) Expedited determination and public hearing.
(1) If the Village Council or the ICRC is able to expeditiously determine that the cable operator's rate increase request for basic cable service is within the FCC's reasonable rate standard, as determined by the applicable price cap, the Village Council shall:
(a) Hold a public hearing at which interested persons may express their views; and
(b) Act to approve the rate increase within 30 days from the date the cable operator filed its request with the village.
(2) If the Village Council takes no action within 30 days from the date the cable operator filed its request with the village, the proposed rates will go into effect.
(3) During the extended review period and before taking action on the proposed rate, the Village Council or the ICRC shall hold at least one public hearing at which interested persons may express their views and record objections.
(C) Extended review period.
(1) If the Village Council and the ICRC are unable to determine whether the rate increase is within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the Village Council shall, by adoption of a formal resolution, invoke the following additional periods of time as applicable, to make a final determination:
(a) 90 days if the Village Council or the ICRC needs more time to ensure that the requested increase is within the FCC's reasonable rate standard as determined by the applicable price cap; and
(b) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate increase above the applicable price cap.
(2) The proposed rate increase is tolled during the extended review period.
(3) If the Village Council has not made a decision within the 90- or 150-day period, the Village Council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate increase and on whose behalf the amounts are paid.
(D) Public hearing. During the extended review period and before taking action on the requested rate increase, the Village Council or the ICRC shall hold at least one public hearing at which interested persons may express their views and record objections.
(E) Objections. An interested person who wishes to make an objection to the proposed rate increase may request the Clerk of Council or ICRC to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the Clerk of Council or ICRC with the objector's name and address.
(F) Delayed determination. If the Village Council is unable to make a final determination concerning a requested rate increase within the extended time period, the cable operator may put the increase into effect, subject to subsequent refund if the Village Council later issued a decision disapproving any portion of the increase.
(G) Price cap analysis. If a cable operator presents its request for a rate increase as being in compliance with the FCC's price cap, the Village Council shall review the rate using a price cap analysis in accordance with the standard form authorized by the FCC. Based on the Village Council's findings, the basic cable rates shall be established as follows:
(1) If the proposed basic cable rate increase is within the price cap established by the FCC, the proposed rates shall become the new basic cable rates.
(2) If the proposed basic cable rate increase exceeds the price cap established by the FCC, the Village Council shall disapprove the proposed rate increase and order an increase that is in compliance with the price cap.
(H) Cost-of-service showings. If a cable operator submits a cost-of-service showing in an attempt to justify a rate increase above the price cap, the Village Council will review the submission pursuant to the FCC standards for cost-of-service review. The Village Council may approve a rate increase above the price cap if the cable operator makes the necessary showing; however, a cost-of-service determination resulting in a rate below the price cap or below the cable operator's then current rate will prescribe the cable operator's new rate.
(I) Decision. The Village Council's decision concerning the requested rate increase shall be adopted by formal resolution. If a rate increase proposed by a cable operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increases, the resolution must state the reasons for the decision. Objections may be made at the public hearing by a person requesting the Clerk of Council or ICRC to record the objection or may be submitted in writing at anytime before the decision resolution is adopted.
(J) Refunds.
(1) The Village Council may order refunds of subscribers' rate payments with interest if:
(a) The Village Council was unable take a decision within the extended time period as described in division (C) above;
(b) The cable operator implemented the rate increase at the end of the extended review period; and
(c) The Village Council determines that the rate increase as submitted exceeds the applicable price cap or that the cable operator failed to justify the rate increase by a cost-of-service showing, and the Village Council disapproves any portion of the rate increase.
(2) The method of paying any refund and the interest rate will be in accordance with FCC regulations as directed in the Village Council's decision resolution.
(K) Appeal. The Village Council's decision concerning rates for the basic service tier or associated equipment may be appealed to the FCC in accordance with applicable federal regulations.
(Ord. C-767, passed 12-13-93)