(a) If the operator seeks a change in its existing rates using the annual filing system pursuant to 47 C.F.R. § 76.922(e), it shall do so no later than ninety (90) days before the effective date of the proposed rates. The city will have ninety (90) days from the date it receives the filing to review the rates. If the city or its designee concludes that the operator has submitted a facially incomplete filing, the city's deadline for issuing a decision, the date on which rates may go into effect if no decision is issued and the period for which refunds are payable will be tolled while the city is waiting for the requested information, provided that, in order to toll these effective dates, the city or its designee must notify the operator of the incomplete filing within forty-five (45) days of the date it receives the filing.
(b) If the city has taken no action within the ninety (90) day review period, then the proposed rates may go into effect at the end of the review period, subject to a prospective rate reduction and refund if the city subsequently issues a written decision disapproving any portion of such rates. If the operator inquires as to whether the city intends to issue a rate order after the initial review period, the city or its designee must notify the operator of its intent in this regard within fifteen (15) days of the operator's inquiry.
(c) If a proposed rate goes into effect before the city issues its rate order, the city will have twelve (12) months from the date the city received the filing for the rate adjustment to issue its rate order.
(d) If the operator files for a rate adjustment under the annual method for an additional rate adjustment to reflect channel additions to the basic service tier pursuant to 47 C.F.R. § 76.922(e)(2)(iii)(C), the city shall have sixty (60) days from the date it receives the filing to review the requested rate. The city shall follow the timetables and other requirements set out in 47 C.F.R. § 76.933(g)(4).
(e) 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 be subject to the requirements of 47 C.F.R. Sec. 76.933(g)(1).
(Ord. No. 1623, 4-8-02)