(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.)