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The Township Board may order a refund to subscribers as provided in 47 C.F.R. part 76.942. Before the Township Board orders any refund to subscribers, the Township Clerk shall give a least seven days’ written notice to the cable operator by first-class mail of the date, time and place at which the Township Board shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent or by letter at such time for the purpose of submitting comments to the Township Board.
(Ord. 14, passed 9-13-1993)
(B) The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the township which shall:
(1) Summarize the written decision; and
(2) State that copies of the text of the written decision are available for inspection or copying from the office of the Clerk.
(C) In addition, the Township Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
(Ord. 14, passed 9-13-1993)
In addition to rules promulgated pursuant to § 111.03, the Township Board may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings, (including, without limitation, the conduct of hearings), consistent with the Act and the FCC rules.
(Ord. 14, passed 9-13-1993)
The township shall possess all powers conferred by the Act, the FCC rules, the cable operator’s franchise and all other applicable law. The powers exercised pursuant to the Act, the FCC rules and this chapter shall be in addition to powers conferred by law or otherwise. The township may take any action not prohibited by the Act and the FCC rules to protect the public interest in connection with basic cable service rate regulation.
(Ord. 14, passed 9-13-1993)
The township may pursue any and all legal and equitable remedies against the cable operator (including, without limitation, all remedies provided under a cable operator’s franchise with the township) for failure to comply with the Act, the FCC rules, any orders or determinations of the township pursuant to this chapter, any requirements of this chapter, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with the Act, the FCC rules, any orders or determinations of the township pursuant to this chapter, any requirements of this chapter or any rules and regulations promulgated hereunder shall also be sufficient grounds for revocation or denial of renewal of a cable operator’s franchise.
(Ord. 14, passed 9-13-1993)