(A) The grantee shall, at all times, maintain on file with the City Finance Officer a schedule setting forth all rates and charges to be made to subscribers for basic CATV service, including installation charges. During the term hereof, the city may regulate rates only if authorized to do so by Federal Communications Commission regulations, and then such regulation shall only be in accordance with the provisions of such regulations.
(B) In the event that the city has authority to regulate rates, the following procedures shall be used.
(1) Before making any changes in the rates and charges to subscribers for basic CATV service, the grantee shall file in writing with the City Finance Officer a new proposed rate change at least 30 days in advance of the proposed effective date for such rate change. If the city takes no action to set the proposed rate change for hearing, said proposed rate changes shall become effective upon the expiration of the 30 days’ notice period.
(2) If the City Council wishes to hold a hearing on the proposed rate increase, the hearing shall be held within 45 days of the filing of the proposed rate increase by the grantee. Following the hearing, the City Council shall take final action on the proposed increase within 30 days.
(3) Any rate subject to regulation under the above provisions may be increased without the approval of the city at the discretion of the grantee, by an amount not to exceed 5% per calendar year. In addition, the grantee shall have the right to pass along state taxes, programming cost increases, and copyright fee increases to subscribers.
(4) The monthly rate set forth in division (B)(1) above shall be payable in advance.
(5) The grantee shall not discriminate in rates between customers of the same category, except to the extent permitted by the Cable Communication Policy Act of 1984, being 47 U.S.C. §§ 521 et seq., and Federal Communication Commission regulation.
(Prior Code, § 15-5-16)
Statutory reference:
Related provisions, see SDCL §§ 9-35-16 to 9-35-23