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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)
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