§ 110.45 REFUNDS; NOTICE.

   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)

§ 110.46 WRITTEN DECISIONS; PUBLIC NOTICE.

   (A)   Any order of the City Commission pursuant to §§ 110.44 or 110.45 shall be in writing, shall be effective upon adoption or such other date specified by the City Commission, and shall be deemed released to the public upon adoption.

   (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)

§ 110.47 RULES AND REGULATIONS.

   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)

§ 110.48 FAILURE TO GIVE NOTICE.

   The failure of the City Clerk to give the notices or to mail copies of reports as required by this chapter shall not invalidate the decisions or proceedings of the City Commission.

(Prior Code, § 2.244)  (Ord. 153, passed 10-18-1993)

§ 110.49 ADDITIONAL HEARINGS.

   In addition to the requirements of this chapter, the City Commission may hold additional public hearings upon such reasonable notice as the City Commission, in its sole discretion, shall prescribe.

(Prior Code, § 2.245)  (Ord. 153, passed 10-18-1993)

§ 110.50 ADDITIONAL POWERS.

   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)

§ 110.51 FAILURE TO COMPLY; REMEDIES.

   The city may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator’s consent agreement with the city) for failure to comply with the Act, the FCC rules, any orders or determinations of the city pursuant to this chapter, any requirements of this chapter, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC rules, any orders or determinations of the city pursuant to this chapter, any requirements of this chapter, or any rules and regulations promulgated hereunder shall also be sufficient grounds for revocation or denial of renewal of a cable operator’s consent agreement.

(Prior Code, § 2.247)  (Ord. 153, passed 10-18-1993)