(A) The rate filing submitted by the operator, either for its current rates or for a change in its current rates must show that the rates the operator charges or proposes to charge for basic service and equipment are reasonable and in compliance with all applicable FCC rules and regulations.
(B) The burden of proof is on the operator or show that the rates are reasonable and in compliance with all applicable FCC rules and regulations.
(1) If the operator asserts that its current rates or its proposed rates are within the” benchmark” or “cap”, as defined by the FCC, it must fully complete applicable FCC forms and otherwise provide material to support its position.
(2) If the operator proposes to increase its rates above that level permitted by the FCC “benchmark” or “cap”, it may seek to make a “cost-of-service” showing in accordance with rules and regulations adopted by the FCC. In seeking to make a “cost-of-service” showing, the operator must fully complete applicable FCC forms and otherwise provide material to supplement its position.
(3) If the operator proposes to add or delete channels or service, or to remove certain channels from the basic services to the cable programming service tier as defined by the FCC or to a non-regulated status, it must explain in writing the impact of the addition, deletion or removal on its basic service rates and demonstrate why the addition, deletion or removal complies with FCC rules and regulations.
(4) The operator must show why all rates for all customer classifications are reasonable.
(Prior Code, § 119.04) (Ord. 18, passed 5-9-1994)