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(A) Upon the filing of ten copies of the schedule of rates or the proposed increase in rates pursuant to § 110.38(A), the City Clerk shall publish a public notice in a newspaper of general circulation in the city which shall state that:
(1) The filing has been received by the City Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying; and
(2) Interested parties are encouraged to submit written comments on the filing to the City Clerk not later than seven days after the public notice is published.
(B) The City Clerk shall give notice to the cable operator of the date, time and place of the meeting at which the City Commission shall first consider the schedule of rates or the proposed increase.
(C) This notice shall be mailed by first class mail at least three days before the meeting.
(D) In addition, if a written staff or consultant’s report on the schedule of rates or the proposed increase is prepared for consideration of the City Commission, then the City Clerk shall mail a copy of the report by first class mail to the cable operator at least three days before the meeting at which the City Commission shall first consider the schedule of rates or the proposed increase.
(Prior Code, § 2.236) (Ord. 153, passed 10-18-1993)
After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under § 110.38(A) above unless the City Commission (or other properly authorized body or official) tolls the 30-day deadline pursuant to 47 C.F.R. § 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The City Commission may toll the 30-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
(Prior Code, § 2.237) (Ord. 153, passed 10-18-1993)
(A) If a written order has been issued pursuant to § 110.41 and 47 C.F.R. § 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the city any additional information required or requested pursuant to § 110.38.
(B) In addition, the City Commission shall hold a public hearing to consider the comments of interested parties within the additional 90-day or 150-day period, as the case may be.
(C) The City Clerk shall publish a notice of the public hearing in a newspaper of general circulation within the city which shall state:
(1) The date, time and place at which the hearing shall be held;
(2) Interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and
(3) Copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the City Clerk.
(D) The public notice shall be published not less than 15 days before the hearing.
(E) In addition, the City Clerk shall mail by first class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
(Prior Code, § 2.238) (Ord. 153, passed 10-18-1993)
Following the public hearing, the City Administrator shall cause a report to be prepared for the City Commission which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant’s review, and other appropriate information) include a recommendation for the decision of the City Commission pursuant to § 110.44. The City Clerk shall mail a copy of the report to the cable operator by first class mail not less than 20 days before the City Commission acts under § 110.44. The cable operator may file a written response to the report with the City Clerk. If at least ten copies of the response are filed by the cable operator with the City Clerk within ten days after the report is mailed to the cable operator, the City Clerk shall forward it to the City Commission.
(Prior Code, § 2.239) (Ord. 153, passed 10-18-1993)
The City Commission shall issue a written order, by resolution or otherwise, which, in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC rules. If the City Commission issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 C.F.R. § 76.933. The order specified in this section shall be issued within 90 days of the tolling order under § 110.41 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 110.41 in all cases involving a cost-of-service showing.
(Prior Code, § 2.240) (Ord. 153, passed 10-18-1993)
The City Commission may order a refund to subscribers as provided in 47 C.F.R. § 76.942. Before the City Commission orders any refund to subscribers, the City Clerk shall give at least seven days’ written notice to the cable operator by first class mail of the date, time and place at which the City Commission shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent or by letter at such time for the purpose of submitting comments to the City Commission.
(Prior Code, § 2.241) (Ord. 153, passed 10-18-1993)
(B) The City Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the city which shall:
(1) Summarize the written decision; and
(2) State that copies of the text of the written decision are available for inspection or copying from the office of the City Clerk.
(C) In addition, the City Clerk shall mail a copy of the text of the written decision to the cable operator by first class mail.
(Prior Code, § 2.242) (Ord. 153, passed 10-18-1993)
In addition to rules promulgated pursuant to § 110.38, the City Commission may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC rules.
(Prior Code, § 2.243) (Ord. 153, passed 10-18-1993)
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