(a) After the operator has submitted a rate filing to justify its current rates, or to seek an increase, under the quarterly rate adjustment system, or if a cable operator has submitted a cost-of-service showing pursuant to 47 C.F.R. § 76.937(c) and § 76.92.4, the current rates will remain in effect subject to further action by the city. If the city takes no action within thirty (30) days of the date of filing to approve, disapprove or toll the period for reviewing the rates, then the current rates or the proposed rates, as the case may be, shall be deemed approved; provided, however, that the city through the Mayor or his designee may toll the thirty (30) day period by issuing a brief written order explaining that the city needs additional time to request or review additional information or consider comments from interested parties. The tolling order shall be subject to the following conditions:
(1) For filings not involving cost-of-service showings, the city may toll the rates for an additional ninety (90) days after the expiration of the initial thirty (30) days.
(2) For filings seeking a rate increase based upon a cost-of-service showing, the city may toll the rates for an additional one hundred and fifty (150) days after the expiration of the initial thirty (30) days. If the city so desires, within thirty (30) days of receipt of a cost-of-service showing, it may ask the FCC pursuant to a petition for special relief under 47 C.F.R. § 76.7 that the Commission examine the cable operator's cost-of-service showing. In such a case, the Mayor or his designee shall issue an executive order prior to the expiration of the initial thirty (30) days stating that the city is seeking Commission assistance. The city shall serve a copy of the order on the cable operator.
(b) A tolling order shall direct the operator to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf such amounts were paid.
(c) If the operator seeks approval for setting a rate for a new type of equipment pursuant to 47 C.F.R. § 76.923(o), the city shall have sixty (60) days from the date it receives the filing to review the requested rate or issue an accounting order, pursuant to 47 C.F.R. § 76.933(h).
(Ord. No. 1623, 4-8-02)