(a) The City hereby adopts and shall follow the rules relating to cable rate regulations promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N, a copy of which regulations are on file in the office of the Clerk of Council and which are incorporated herein by reference. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
(b) Upon adoption of this chapter, the Clerk of Council shall send to grantees and each operator of a cable television system in the City, via certified mail, return receipt requested, a written notice, which shall include a copy of this chapter and notice that the City is certified by the FCC to regulate the cable television rates authorized by this chapter.
(c) Within thirty dyas after receipt of the aforesaid notice, grantees and any other cable television operator shall have thirty days to respond with rate and benchmark information utilizing FCC Form 393--Determination of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment.
(1) If the initial rates and/or any subsequent rate increases are within the FCC standards, the rate will be effective thirty days after submission.
(2) If the City is unable to determine whether the rates at issue are within the FCC's standards, based on the material before it, or if the grantees or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.
A. In all cases, the City shall issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.
B. The City may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.
C. The City shall issue a brief written decision regarding its invocation of the additional time period.
(3) In all cases, the City shall issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.
(4) If rates are in excess of the FCC's standards, the rates may be reduced by the City pursuant to applicable FCC regulations.
(d) After the initial rate schedule procedures are followed, as described in this section, grantees and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, grantees and/or any other cable operator shall notify the City of its requested rate change by giving the City thirty days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to FCC regulations.
(e) To the extent specifically permitted by Federal law and applicable FCC rules, grantees and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the City.
(Ord. 94-20. Passed 2-10-94.)