711.11  RATES.
   (a)   The grantee of a franchise awarded hereunder may make a charge to subscribers, private or commercial, for installation and connection to his broadband telecommunications network and a fixed monthly charge for "basic service" within the meaning of Section 711.02(t) in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (b)   The grantee of a franchise awarded hereunder may make an additional monthly charge to subscribers for one or more "additional services", except for FM radio signals which shall be provided at no charge, selected by subscribers, provided that such additional charges are in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter filed and approved by the City, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (c)   The grantee of a franchise awarded hereunder may make a charge to users, private or commercial, for the leasing of time on a locally originated channel other than public access, educational and governmental channels as defined by the Federal Communications Commission, in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter filed and approved by the City, which schedule is incorporated herein by reference, and any modification to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (d)   The grantee of a franchise awarded hereunder may make a charge to users, private or commercial, for the use of production equipment and for the placement of advertisements on a locally originated channel providing that such advertisements use or such charge is legally permissible under any existing rules and regulations of the Federal Communications Commission, the State Commission and the City and also in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter filed and approved by the City, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (e)   The grantee of a franchise awarded hereunder may make a charge to subscribers, private or commercial, for the grantee's installation and connection to his network in addition to those charges set forth in subsection (a) hereof, where unusual circumstances exist such as underground cable requirements or remote or relatively inaccessible subscriber locations providing that such additional charges are in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter filed and approved by the City, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (f)   A grantee shall not file an application for an increase in charges as filed with his proposal and approved by Council until twenty-four months have expired from the time the grantee has been determined to have "commenced operation" hereunder, excluding the imposition of any Federal, state or local taxes not contemplated in the original rate determinations.
   (g)   A grantee shall not file more than one application for an increase in charges during any calendar year.
   (h)   Council may review the grantee's schedule of charges upon application by the grantee as herein provided, or at any time upon request for review.  Council may reduce, or increase such charges by a resolution adopted for the purpose, and no charge in the grantee's schedule of charges shall be effective without the prior action of Council as expressed in such a resolution.  No such resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the grantee, to be heard, subject to the standards set forth in subsection (i) hereof.
   (i)   When requesting an increase in charges, a grantee shall file a written application with Council accompanied by supporting accounting documentation at least thirty days before requesting a hearing with Council.  Council should respond to any such request within sixty days of the hearing.
   (j)   The grantee shall agree, and by his acceptance of a franchise hereunder, specifically agrees to be subject to the City, or other regulatory bodies, having competent jurisdiction to fix just, reasonable and compensatory rates.
   (k)   All charges set by the grantee for service hereunder shall be fair and reasonable and designed to meet all necessary cost of the service, including a fair rate of return on the net valuation of his properties devoted thereto under efficient and economical management.
   (l)   The grantee shall receive no consideration whatsoever for or in connection with his service to his subscribers or users other than in accordance with this section.
   (m)   The grantee shall receive no deposit, advance payment or penalty from any subscriber or user or potential subscriber or user without approval of Council.
   (n)   In the event that a set convertor or coaxial switch or other appurtenant device is required to permit subscribers to receive "full network service", the grantee shall give the subscriber the option of purchasing the convertor at the grantee's cost at the time of initial installation thereof or of purchasing such convertor, switch or other appurtenant device on installments at the then prevailing local installment plan interest rates.  If the subscriber elects not to purchase such converter, switch or other appurtenant device, the grantee may make an additional charge for the rental of such converter, switch or other appurtenant device providing that the additional charge is in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder, which schedule is incorporated herein by reference, or hereafter filed and approved by the City, and any modifications to such schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
   (o)   In the event that a subscriber desires a buried service drop to his residence, but the residence is not located in an underground utilities area, the franchisee shall bury such drop upon request of the subscriber and the payment of such fee(s) that have been approved by Council.
(Ord. 29-1972.  Passed 3-5-73.)