931.08 ADDITIONAL TIME FOR REVIEW OF RATES FOR BASIC SERVICE AND EQUIPMENT.

   (a)    If the Staff has availed itself of the additional ninety or 150 days permitted in 47 C.F.R. Section 76.933(b), whichever is applicable, then the Staff shall publish a schedule for the issuance of a recommended decision within the additional time and for the submission of comments by interested parties.

   (b)    Thirty days before the 90th day or the 150th day, whichever is applicable, the Staff shall publish a draft of its recommended decision. Interested parties will then have five business days to file comments with the Staff regarding the recommended decision.

   (c)    Upon the expiration of the comment period set forth in subsection (b) hereof, the record for the cable rate regulation proceeding will close. Council will then have an opportunity to review the recommended decision and any comments or documents filed in the rate proceeding.

   Nothing in this provision prohibits Council from reviewing the Staff's draft recommended decision or documents filed with the Staff at any time.

   (d)    If Council does not act upon the Staff's recommended decision by the 90th or 150th day, whichever is applicable, then the recommended decision will be considered the final decision.

   (e)    Within the ninety or 150 day period, whichever is applicable, City Council may remand the recommended decision to the Staff for further review based on Council's recommendations.

   (f)    If the period for additional review by the Staff extends beyond the applicable period specified in subsection (a) hereof, the end of the ninety or 150 day period, 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 in the event that the Staff subsequently issues a written decision, pursuant to 47 C.F.R. Section 76.933(c), disapproving any portion of such rates.

(Ord. 94-30. Passed 3-30-94.)