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(a) Establishment; Membership; Terms; Residency; Secretary. There is hereby established a Cable Television Commission of the City which shall consist of five members appointed by Council for terms of four years. The initial terms shall be as follows: one member for a term of one year; one member for a term of two years; one member for a term of three years; and two members for terms of fours years. All subsequent appointments shall be for terms of four years. All members of the Commission shall be residents of the City. The Commission shall have a Secretary designated by the Mayor.
(b) Duties and Responsibilities. The Commission shall have the following duties and responsibilities:
(1) To hear complaints of subscribers made in writing to the Commission regarding alleged violation of the customer service standards set forth in Section 818.04. The Commission shall endeavor to informally resolve all such complaints. In the event that any complaint cannot informally resolved, a hearing shall be held by the Commission on the complaint with at least ten days written notice to the provider and the complainant. After the hearing, the Commission shall make findings and conclusions and issue an order and/or assess a penalty, if appropriate. All formal decisions of the Commission regarding customer service complaints shall be subject to review by Council which may act to affirm, overrule or modify the decision of the Commission or any aspect of the decision within thirty days of announcement of the decision. In the event Council takes no action within such thirty-day period, the decision of the Commission shall be deemed final.
(2) A. The Commission shall have responsibility for review requests for the establishment of all cable rates and rate changes and for making recommendations for approval or disapproval to Council. In reviewing requests by a provider for initial rates or for rate changes, the Commission may utilize City staff, at the direction of the Mayor, and outside professional assistance with the approval of the Mayor and Council. To the extent permitted by law, the provider shall reimburse the City for the cost of any outside professional assistance in reviewing rate changes. After review of a rate request, the Commission shall make a recommendation to Council for approval or disapproval. No cable television rate shall be deemed approved or disapproved until approved or disapproved by Council. The Commission shall hold a public hearing on all requests for rate changes.
B. The Commission shall establish a schedule of regular meetings and shall meet at such regularly scheduled meetings at least four times per year. The Commission may hold special meetings to review particular complaints or rate change requests or other matters. Notice of special meetings shall comply with the City's general notice requirements for special meetings of its boards and commissions and shall include written notice to all providers. The Commission, with the assistance of the Law Department, may establish its own rules to govern the conduct of its meetings.
(Ord. 157-94. Passed 11-28-94.)
The provisions of Sections 818.04 and 818.05 shall supersede any inconsistent provisions in any franchise agreements for the provision of cable television service. Specifically, the customer service standards set forth in Section 818.04 are adopted pursuant to Ohio law and Section 632 (47 U.S.C. Sec. 552) of the Federal Cable Television Consumer Protection and Competition Act of 1992 and Federal Communications Commission regulations adopted thereunder.
(Ord. 157-94. Passed 11-28-94.)
(a) In accordance with the requirements of Ohio R.C. 1332.32, all video service providers providing video service in the City pursuant to a video service authorization obtained from the Director of the Ohio Department of Commerce shall pay Video Service Provider Fees (“VSP Fees”) in the amount of five percent (5%) of gross revenues received from providing video service in the City, which gross revenue base shall include advertising revenues. The VSP Fee shall be paid quarterly, not sooner than forty-five (45) days nor later than sixty (60) days after the end of each calendar quarter.
(b) The Mayor is hereby authorized and directed, upon receipt of notice from a video service provider that it will begin providing video service in the City pursuant to a state- isued video service authorization, to provide such video service provider with written notice of the VSP Fee as determined by this Council above, which notice may be given by overnight mail (return receipt), certified mail, or other manner of delivery, no later than ten (10) days from receipt of the provider’s notice.
(Ord. 111-08. Passed 9-8-08.)