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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)
The city shall possess all powers conferred by the Act, the FCC rules, the cable operator’s franchise and all other applicable law. The powers exercised pursuant to the Act, the FCC rules, and this chapter shall be in addition to powers conferred by law or otherwise. The city may take any action not prohibited by the Act and the FCC rules to protect the public interest in connection with basic cable service rate regulation.
(Prior Code, § 2.246) (Ord. 153, passed 10-18-1993)
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