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.)

812.16 NOTICE OF FRANCHISING AUTHORITY DECISIONS.

   (a)   All decisions of the franchising authority issued pursuant to Sections 812.14 and 812.15 shall be:

      (1)   In writing, by resolution, supported by its reasons; and

      (2)   Effective as of the date that the franchising authority makes the decision.

   (b)   Notice of all decisions of the franchising authority issued pursuant to Sections 812.14 and 812.15 shall be published in a qualified newspaper of general circulation in the Township no less than fifteen days after the effective date of the decision. Said notice shall include:

      (1)   A summary of the franchising authority's written decision;

      (2)   A statement that copies of the franchising authority's decision are available for public inspection; and

      (3)   A statement as to the location at which, and times during which, the public may inspect copies of the franchising authority's decision.

   (c)   The franchising authority shall send, by first class mail, a copy of its decision to the regulated cable operator not more than seven days after the effective date of the franchising authority's decision.

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