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(A) The permittee may surrender its permit at any time, in which event it shall refund to subscribers all prepaid and unearned service and other charges collected from subscribers.
(B) The Commission may terminate the permit or any permittee who shall default in any of its obligations hereunder, except for causes beyond the reasonable control of the permittee, provided that the permittee shall be given 60 days written notice to correct any such default or noncompliance before the Commission may proceed to terminate the permit under this section.
(C) The permittee shall be entitled to a hearing before the Commission to determine the propriety of termination of the permit by it pursuant to this section, and the decision of the Commission shall be final. Notwithstanding the provisions hereinbefore made, the Commission may terminate the permit of any permittee in accordance with the franchise requirements of the Constitution and statutes of the state.
(D) Upon termination of its permit, the permittee shall at its own expense remove from the city streets all its facilities and equipment therein utilized by it in its CATV operation, unless the Commission shall specifically authorize it to leave all or part of such facilities and equipment in place.
(Prior Code, § 2.168)
CABLE TELEVISION RATE REGULATION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All other words and phrases used in this chapter shall have the same meaning as defined in the Act and FCC rules.
ACT. The Communications Act of 1934, being 47 U.S.C. §§ 201 and 521 et seq., as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385), and as may be amended from time to time.
ASSOCIATED EQUIPMENT. All equipment and services subject to regulation pursuant to 47 C.F.R. § 76.923.
BASIC CABLE SERVICE. As defined in the FCC rules, and any other cable television service which is subject to rate regulation by the city pursuant to the Act and the FCC rules.
FCC. The Federal Communications Commission.
FCC RULES. All rules of the FCC promulgated from time to time pursuant to the Act.
INCREASE IN RATES. An increase in rates or a decrease in programming or customer services.
(Prior Code, § 2.231) (Ord. 153, passed 10-18-1993)
(A) The purpose of this chapter is to:
(1) Adopt regulations consistent with the Act and the FCC rules with respect to basic cable service rate regulation; and
(2) Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the city.
(B) This chapter shall be implemented and interpreted consistent with the Act and FCC rules.
(Prior Code, § 2.232) (Ord. 153, passed 10-18-1993)
(A) A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC rules. The cable operator shall file ten copies of the schedule or proposed increase with the City Clerk. For purposes of this chapter, the filing of the cable operator shall be deemed to have been made when at least ten copies have been received by the City Clerk. The City Commission may, by resolution or otherwise, adopt rules and regulations prescribing the information, data and calculations which must be included as part of the cable operator’s filing of the schedule of rates or a proposed increase.
(B) In addition to information and data required by rules and regulations of the city pursuant to division (A) above, a cable operator shall provide all information requested by the City Administrator or city attorney in connection with the city’s review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The City Administrator or city attorney may establish deadlines for submission of the requested information, and the cable operator shall comply with such deadlines.
(C) A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC rules, including, without limitation, 47 U.S.C. § 543 and 47 C.F.R. §§ 76.922 and 76.923.
(Prior Code, § 2.234) (Ord. 153, passed 10-18-1993)
(A) If this chapter, any rules or regulations adopted by the city pursuant to § 110.38(A), or any request for information pursuant to § 110.38(B) requires the production of proprietary information, the cable operator shall produce the information; however, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure.
(1) The request must state the reason why the information should be treated as proprietary and the facts that support those reasons.
(2) The request for confidentiality will be granted if the city determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552.
(3) The city shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied:
(a) Where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or
(b) The cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
(B) Any interested party may file a request to inspect material withheld as proprietary with the city. The city shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
(C) The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality including, without limitation, 47 C.F.R. § 0.459.
(Prior Code, § 2.235) (Ord. 153, passed 10-18-1993)
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