(a) After it completes its review of the rate filing submitted by the operator, the city shall issue an order approving or disapproving the current rates sought to be justified or the increased rates sought. If the city had previously decided pursuant to Sec. 4.5-10 or 4.5-11 to allow rates to remain in effect or go into effect subject to refund, and if the city disapproves the rates in question, it shall issue an appropriate order directing that refunds be made. The city may order such refunds to the full extent permitted by the FCC regulations.
(b) The city may order a reduction in rates where necessary to bring rates into compliance with FCC regulations. If the city determines that the current rate or a proposed rate is unreasonable, it may prescribe a reasonable rate.
(c) Before disapproving a rate or prescribing a rate, or ordering a refund, the city shall ensure that the operator has had notice and opportunity to comment on the rate in question or refund. The city shall provide ten (10) days written notice and give the operator the opportunity to submit written or oral comments in addition to its rate filing.
(d) If the rates are disapproved in whole or in part, or the city prescribes rates, or orders refunds, the order issued by the city shall specify the reasons for the decision. The city clerk shall provide written notice to the operator of the city's decision by providing a copy of the resolution or order.
(e) The city's decision approving or disapproving the rate in whole or in part, or prescribing rates, may be appealed to the FCC by the operator or by any citizen who submitted oral or written comment to the city prior to the order rendering the decision.
(Ord. No. 1623, 4-8-02)