812.13 NOTICE OF PUBLIC HEARING.

   (a)   Not less than seven days before the date of the public hearing, the franchising authority shall send a written notice of the date, time and location of the public hearing to the regulated cable operator which submitted the existing rates or proposed rate increase for review. Said notice is to be sent to the regulated cable operator by first class mail.

   (b)   The franchising authority shall cause to be published, in a qualified newspaper of general circulation within the Township, a notice of the public hearing on the existing rate schedule or proposed rate increase request no less than seven days before the public hearing. Said notice shall:

      (1)   State that a regulated cable operator has submitted the existing rate schedule or the proposed rate increase request to the franchising authority for review, pursuant to this chapter;

      (2)   State the location and times at which the public may examine the submitted schedule of existing rates or the proposed rate increase request;

      (3)   State the date, time and location at which the franchising authority will conduct the public hearing; and

      (4)   State that all interested persons shall have an opportunity to comment on the rates at the public hearing, and/or to submit written comments on or before the date of the public hearing, to the franchising authority.

(Ord. 300. Passed 2-7-94.)

812.14 DECISION ON REVIEW OF EXISTING RATES OR PROPOSED RATE INCREASES.

   The franchising authority shall issue a written order, supported by its reasons, by a resolution which:

   (a)   Approves the regulated cable operator's existing rate or proposed rate increase;

   (b)   Disapproves the regulated cable operator's existing rate or proposed rate increase;

   (c)   Approves, in part, and disapproves, in part, the regulated cable operator's existing rate or proposed rate increase;

   (d)   Orders a rate reduction;

   (e)   Prescribes a reasonable rate;

   (f)   Determines that a refund hearing should be held pursuant to Section 812.15; and/or

   (g)   Orders any further appropriate relief permitted by this chapter, the Act or FCC Rules and Regulations.

(Ord. 300. Passed 2-7-94.)

812.15 DETERMINATION OF REFUND; NOTICE OF HEARING; ORDERS.

   (a)   If the franchising authority determines that subscribers to a regulated cable operator may be entitled to a refund pursuant to FCC Rules and Regulations (specifically 47 CFR 76.942), the franchising authority shall include a notice in its decision issued pursuant to Section 812.14 that the franchising authority will hold a public hearing to consider ordering the regulated cable operator to make a refund to subscribers.

   (b)   The franchising authority shall then conduct a public hearing to determine whether to order a refund to subscribers and the amount of the refund.

   (c)   The franchising authority shall send, by first class mail, to the regulated cable operator, written notice of the date, time and location of the public hearing. Said notice must be sent no less than seven days before the public hearing.

   (d)   At any refund hearing, the regulated cable operator may appear in person, by agent or in writing to comment upon whether the franchising authority should order a refund.

   (e)   Members of the public may also comment at the refund hearing in person, by agent or in writing.

   (f)   At the conclusion of the refund hearing, the franchising authority shall issue a written order, by resolution:

      (1)   Denying a refund; or

      (2)   Ordering the regulated cable operator to implement a refund.

(Ord. 300. Passed 2-7-94.)