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(A) If a written order has been issued pursuant to § 96.07 and 47 C.F.R. pt. 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the city any additional information required or requested pursuant to § 96.04. In addition, the Council shall hold a public hearing to consider the comments of interested parties within the additional 90-day or 150-day period, as the case may be. The Clerk shall publish a public notice of the public hearing in a newspaper of general circulation which shall state:
(1) The date, time, and place at which the hearing shall be held;
(2) Interested parties may appear in person, by agent, or by letter at the hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and
(3) Copies of the schedule of rates or the proposed increase in rates and related information, except those parts which may be withheld as proprietary, are available for inspection or copying from the office of the Clerk.
(B) The public notice shall be published not less than 15 days before the hearing. In addition, the Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
(1995 Code, § 26-8) (Ord. 135, passed 9-27-1993)
Following the public hearing, the City Clerk shall cause a report to be prepared for the Council which shall be based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant’s review, and other appropriate information. The report shall include a recommendation for the decision of the Council pursuant to § 96.10. The Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the Council acts under § 96.10. The cable operator may file a written response to the report with the Clerk. If at least ten copies of the response are filed by the cable operator with the Clerk within ten days after the report is mailed to the cable operator, the Clerk shall forward it to the Council.
(1995 Code, § 26-9) (Ord. 135, passed 9-27-1993)
The Council shall issue a written order, by resolution or otherwise, which in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in the rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with FCC rules. If the Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 C.F.R. pt. 76.933. The order specified in this section shall be issued within 90 days of the tolling order under § 96.07 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 96.07 in all cases involving a cost-of-service showing.
(1995 Code, § 26-10) (Ord. 135, passed 9-27-1993)
The Council may order a refund to subscribers as provided in 47 C.F.R. pt. 76.942. Before the Council orders any refund to subscribers, the Clerk shall give at least seven-days’ written notice to the cable operator by first-class mail of the date, time, and place at which the Council 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 the time for the purpose of submitting comments to the Council.
(1995 Code, § 26-11) (Ord. 135, passed 9-27-1993)
Any order of the Council pursuant to §§ 96.10 or 96.11 shall be in writing, shall be effective upon adoption by the Council, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation which shall summarize the written decision and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
(1995 Code, § 26-12) (Ord. 135, passed 9-27-1993)
In addition to rules promulgated pursuant to § 96.04, the Council 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 FCC rules.
(1995 Code, § 26-13) (Ord. 135, passed 9-27-1993)
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