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(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)
(A) The county shall establish that the period of review of the basic service tier of cable television services, and the equipment necessary to provide said basic tier of service, shall be 90 days from the submission by the grantee of information and forms prescribed by the Federal Communications Commission for a showing of cost of service, as defined by the Federal Communications Commission.
(B) In the event that additional time for review of the cost-of-service showing submitted by the grantee is necessary, the Board of County Commissioners, or its designee, shall issue a brief written order prior to the end of the 90-day review providing for an additional 150-day period for review of rates of the basic service tier and the equipment necessary to provide the basic tier of service. 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 any objections.
(Prior Code, § 110.223) (Ord. 93-15, passed 11-15-1993)
(A) (1) Upon completion of its review of the proposed rates for the basic service tier of cable television services, and the equipment necessary to provide the basic tier of service, the Board of County Commissioners shall adopt its decision by formal resolution. The resolution shall indicate the reasons for the decision.
(2) Upon passage of the resolution, the county shall publish the resolution in resolution form.
(B) In the event the cable operator’s proposed rates exceed the reasonable rate standard, as established by the Federal Communications Commission in its rules and regulations attached hereto, the Board of County Commissioners may order the rates reduced by rollbacks or refunds to subscribers, in the manner so prescribed by the Federal Communications Commission.
(Prior Code, § 110.224) (Ord. 93-15, passed 11-15-1993)
(A) In considering information provided by the grantee as a part of review of his or her rates for the basic service tier of cable television services, and the equipment necessary to provide the basic tier of service, the county shall not disclose to the public the content of any records, forms, reports, calculations, or other documents as provided which the grantee has indicated as being of a proprietary interest or constituting a trade secret in nature.
(B) The county officer responsible for administration of the State Access to Public Records Act shall retain the right to determine the validity of the grantee’s claim of proprietary interest or trade secrecy in accordance with the provisions of the State Access to Public Records Act, I.C. 5-14-3-1 et seq.
(Prior Code, § 110.225) (Ord. 93-15, passed 11-15-1993)
The county may order the cable operator to refund to subscribers a portion of previously paid rates under the following conditions:
(A) A portion of the previously paid rates have been determined to be in excess of the permitted basic cable service tier charge, or above the actual cost of equipment; or
(B) The cable operator has failed to comply with a valid rate order issued by the county.
(Prior Code, § 110.226) (Ord. 93-15, passed 11-15-1993)