931.13 BURDEN OF PROOF.

   (a)    Pursuant to 47 C.F.R. Section 76.937(a), a cable operator has the burden of proving that its past, existing or proposed rates for basic service and associated equipment comply with 47 U.S.C. Section and 47 C.F.R. Section 76.922 and 76.923.

   (b)    For a past, existing or proposed rate for basic tier service or associated equipment that is within the permitted tier charge and actual cost of equipment as set forth in Sections 76.922 and 76.923, the cable operator must submit the appropriate FCC form.

   (c)    For a past, existing, or proposed rate for basic tier service that exceeds the permitted tier charge as set forth in Sections 76.922 and 76.923, the cable operator must submit a cost-of-service showing to justify the proposed rate.

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