(A) Any rate order of the City Council shall be issued and effective upon adoption. Each rate order shall be released to the public and the franchisee. Orders in which City Council approves, denies, or tolls a rate, orders that a rate may go into effect subject to refund, or orders refunds of established rates, shall require a public notice be published stating that the order has been issued and is available for review. Any such order shall be in writing.
(B) The City Council may take any steps that it is not prohibited from taking by federal law to protect the public interest as part of any rate order or by any other means, including requiring refunds, setting rates, and imposing forfeitures and penalties directly or through its delegated representative, and enforcing refund orders.
(C) Any order prescribing a rate must explain why the franchisee's proposed rate was unreasonable and why the prescribed rate is reasonable.
(D) Before prescribing a rate or ordering a refund to subscribers, the City Council shall provide the franchisee notice and an opportunity to comment on the proposed rate or refunds. If the recommendation of the Cable Chairman proposes a refund or rate, mailing a copy of the recommendation to the franchisee at the time it is submitted to the City Council shall be deemed to provide the franchisee this notice and the franchisee must comment on the refund or rate in its response to the recommendations.
(E) No order approving or setting a rate using the FCC benchmark shall be interpreted to establish the just and reasonable rate to subscribers. Every such rate approved or established shall be subject to further reduction and refund to the extent permitted under applicable laws and regulations, as the same may be amended from time to time.
(Ord. 94-1, passed 2-3-94)