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931.15 CHANGE IN STATUS OF CABLE OPERATOR.
(a) Pursuant to 47 C.F.R. Section 76.915, a cable operator may petition the City for a change in its regulatory status based on a showing of effective competition. The operator bears the burden of proving the existence of effective competition.
(b) Within a reasonable time of receiving a cable operator's petition for a change in regulatory status, the Staff shall issue a public notice stating that the City has received such a petition. The notice will contain a date for the presentation of a recommended decision by the Staff to Council. The notice will also contain the address of the Staff office where the operator's petition will be available for public viewing within specified times. The notice will also provide the name and address of the cable operator. The cable operator is required to provide interested parties with copies of the petition upon request.
(c) Pursuant to 47 C.F.R. Section 76.915(a), oppositions to the operator's petition may be filed with the Staff within fifteen days of public notice of the filing of the petition, and must be served on the operator. The cable operator may reply within seven days of filing of oppositions.
(d) The initial public notice issued by the Staff will contain a schedule for the presentation of a recommended decision to Council. Pursuant to 47 C.F.R. Section 76.915(b), decisions on petitions for change in status must be made within thirty days after the pleading cycle set forth in subsections (b) and (c) hereof closes. The Staff must notify the FCC within ten days of any decision changing regulatory status. Unless the FCC receives an opposition to such change in status, the decision will become effective thirty days after adoption by Council.
(e) Pursuant to 47 C.F.R. Section 76.915(c), if there is a final determination by Council that effective competition exists, then City Council and the Staff will then cease regulating basis cable service rates. A final determination that there is no effective competition may be appealed to the FCC pursuant to the FCC's rules.
(Ord. 94-30. Passed 3-30-94.)