931.07 STAFF AND COUNCIL REVIEW OF BASIC CABLE RATES AND EQUIPMENT COSTS.

   (a)    Pursuant to 47 C.F.R. Section 76.933(a), after the cable operator has submitted for review its existing or past rates for the basic service tier and associated equipment costs, or for a proposed increase in these rates (including increases in the number of channels in a tier), the X rates will remain in effect or the proposed rates will become effective after thirty days from the date of submission; provided, however, that the Staff may toll this thirty day deadline for an additional time by issuing a brief written order as described in subsection (b) hereof within thirty days of the rate submissions explaining that it needs additional time to review the rates.

   (b)    Pursuant to 47 C.F.R. Section 76.933(a), if the Staff is unable to determine, based upon the material submitted by the cable operator, that the past, existing, or proposed rates are within the FCC's permitted basic service tier charge or actual cost of equipment as defined in 47 C.F.R. Sections 76.937(c) and 76.923, or if a cable operator has submitted a cost-of-service showing pursuant to 47 C.F.R. Sections 76.937(c) and 76.924, seeking to justify a rate above the FCC's basic service tier charge as defined in 47 C.F.R. Sections 76.922 and 76.923, then the Staff may toll the thirty day deadline in subsection (a) hereof to request and consider additional information or to consider comments from interested parties as follows:

      (1)    For an additional ninety days in cases not involving cost-of-service showings, for a total of 120 days from the filing by the cable operator of the Form 393; or

      (2)    For an additional 150 days in cases involving cost-of-service showings, for a total of 180 days from the filing by the cable operator of the Form 393.

   (c)    Pursuant to 47 C.F.R. Section 76.933(c), if the Staff has availed itself of the additional ninety or 150 days permitted in subsection (b) hereof, whichever is applicable and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the ninety or 150 day periods, whichever is applicable, or, if no new rates have been proposed, then the existing rates will remain in effect at such times. All rates allowed into effect under this subsection will remain subject to refunds if the State subsequently issues a written decision disapproving any portion of such rates; provided, however, that in order to order refunds, the Staff must have issued a brief written order to the cable operator by the end of the ninety or 150 day period permitted in subsection (b) hereof,

whichever is applicable, directing the operator to keep accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid.

   (d)    If the Staff does not seek additional time, the Staff will within the thirty day deadline submit a recommended decision to Council about the reasonableness of the cable operator's rates. If within the thirty day period Council does not act upon the Staff's recommended decision, then the recommended decision will be considered a final decision. (Ord. 94-30. Passed 3-30-94.)