Section
112.01 Cable television rules and regulations adopted by reference
112.02 Notification requirements and public hearings
112.03 Review of basic service rates
112.04 Review periods
112.05 Resolution required
112.06 Disclosable and non-disclosable information
112.07 Refund procedures
112.08 Violations and penalties
(A) The Board of County Commissioners adopt the rules and regulations set forth by the Federal Communications Commission, pursuant to § 623(b) of the Cable Television Consumer Protection and Competition Act of 1992 (47 U.S.C. § 543(b)), for the review of the basic service tier of cable television services and equipment necessary for the provision of the service tier. The rules and regulations promulgated by the Federal Communications Commission are found in “Exhibit A,” which is on file in the office of the County Auditor.
(B) (1) For the purposes of this chapter, the BASIC SERVICE TIER of cable television services shall mean a separately available service tier to which subscription is required for access to any other tier of service, including, as a minimum, but not limited to:
(a) All signals of domestic television broadcast stations provided to any subscriber (except a signal secondarily transmitted by satellite carrier beyond the local service area of the station, regardless of how the signal is ultimately received by the cable system);
(b) Any public educational and governmental programming required by the franchise to be carried on the basic tier; and
(c) Any additional video programming signals or service added to the basic tier by the cable operator.
(2) Equipment necessary for the reception of basic cable services by a subscriber, including, but not limited to: converter boxes; remote control units; additional outlets; and installations.
(Prior Code, § 110.220) (Ord. 93-15, passed 11-15-1993)
(A) The county shall provide the grantee of the cable television franchise, the public, and interested parties with an opportunity to be heard at a public hearing before the Board of County Commissioners upon 14 days’ written notice to the grantee of the cable television franchise of the time and place of the public hearing; provided further, that the notice shall indicate that the purpose of the public hearing is to receive the views of the grantee and interested parties on issues pertaining to regulation of the basic service tier of cable television services, and equipment necessary to provide said basic tier of service; and provided further, that notice of the public hearing shall be published in a local newspaper of general circulation at least ten days before the date of this hearing; and provided further, that an agenda for the public hearing shall be posted in a public place at the County Government Building at least seven days prior to the public hearing.
(B) Upon the adoption of this subchapter and the certification of the county by the Federal Communications Commission shall immediately notify the cable operator by certified mail, return receipt requested, that the county intends to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Television Consumer Protection and Competition Act of 1992. Upon receipt of the notice by the county, the cable operator shall, within 30 days, file with the county its current rates for the basic service tier and associated equipment, along with any additional documentation justifying the reasonableness of its rates.
(Prior Code, § 110.221) (Ord. 93-15, passed 11-15-1993)
(A) (1) The county shall establish that the period for review of rates of the basic service tier of cable television services, and the equipment necessary to provide said basic tier of service, shall be 30 days from the submission by the grantee of the cable television franchise of Federal Communications Commission Form 393.
(2) If the Board of County Commissioners takes no action within 30 days from the date the cable operator files its basic cable rates with the county, the proposed rates will continue in effect.
(B) (1) In the event that additional time for review of the Federal Communications Commission Form 393 submitted by grantee is necessary, the Board of County Commissioners, or its designee, shall issue a brief written order prior to the end of the 30-day review period, with a copy of the order to be sent by certified United States’ mail to the grantee, providing for an additional 90-day period for review of rates of the basic service tier, and the equipment necessary to provide the basic tier of service.
(2) During the extended review period, and before taking action on the proposed rate, the Board of County Commissioners shall hold at least one public hearing in which interested citizens may express their views and record objections.
(Prior Code, § 110.222) (Ord. 93-15, passed 11-15-1993)
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