(a) In any case where Council approves, denies or provides for additional time to review a rate, orders that a rate may go into effect subject to refund, orders refunds or establishes rates, a public notice shall be published stating that the order has been issued and is available for review. Any such order shall be in writing and explain the basis for the City's decision. Any order prescribing a rate must explain why the franchisee's proposed rate was unreasonable and why the prescribed rate is reasonable. However, before prescribing a rate or ordering a refund to subscribers, Council shall ensure that the franchisee has had notice and opportunity to comment on the proposed rate or refund. If the recommendations of the Public Utilities Committee of Council propose a refund or a rate, then mailing a copy of the recommendation to the franchisee at the time it is submitted to Council shall be deemed to provide the franchisee this notice and the franchisee must comment on the refund or rate in its response to the recommendations.
(b) Council may take any steps that it is not prohibited from taking by Federal law to protect the public interest as part of any rate order or by any other means. By way of illustration and not limitation, it may require refunds, set rates and impose forfeitures and penalties directly or through its delegated representatives, and enforce refund orders.
(c) No order approving or setting a rate using the FCC benchmarks shall be interpreted to establish the just and reasonable rate to subscribers. Every such rate approved or established shall be subject to further reduction and refund to the extent permitted under applicable laws and regulations, as the same may be amended from time to time. By way of illustration and not limitation, should the FCC reduce the benchmarks, the City shall have the right to reduce a franchisee's rates and to require the franchisee to refund any amounts collected above the benchmark, except to the extent prohibited by Federal law.
(Ord. 137-94. Passed 7-11-94.)