The City reserves all rights to regulate the rates and terms and conditions of service provided by the grantee to the fullest extent allowed by law, as such law may change from time to time throughout the franchise term; provided, however, that:
(a) To the extent not otherwise provided by State or Federal law, before exercising such regulation the City shall adopt procedures which shall:
(1) Afford the grantee due process of law;
(2) Afford the grantee a right to request an increase in rates, have the same promptly considered and acted upon and the right of appeal from any decision or lack of decision on such request, including a de novo hearing should the grantee request the same; and
(3) Allow increases in rates without the necessity for the grantee to seek or receive the City's approval so long as:
A. Any such increases shall take effect no more often than once in any twelve month period;
B. Any such increases, on a percentage basis, shall not be greater than the sum of increases in the grantee's programming costs plus sixty percent (60%) of the cumulative increase in the CPI since the grantee's last increase of such rates; and
C. Any such increase is preceded by at least sixty days written notice to the affected subscribers with a copy of the form of such notice filed with the City Clerk.
(b) Such regulation or failure to regulate shall not result in confiscatory rates.
(Ord. 09-85-92. Passed 9-15-92.)