(a) There are hereby established the following procedural requirements for all cable television franchisees operating within the City on and after the effective date of this section:
(1) The procedures set forth herein shall only apply to the regulation of basic rates and services and to the equipment and installations used to receive basic services. As used in this section, “rates” means cable television charges for basic services and equipment and the installation used to receive basic services.
(2) Thirty days prior to any increase in rates, the company shall notify the Mayor, Council and all affected subscribers, in writing, of the proposed rate increase. All necessary supporting documents showing why the increase is necessary shall be provided at such time.
(3) The franchising authority shall review the information and notify the cable company within thirty days that the request is either approved or disapproved or that additional time and/or additional information is required before a decision can be made. If additional time is needed, the franchising authority shall have an additional ninety days to act if the cable company requests an increase based on the benchmark rates, or an additional 150 days to act if the request is based on a cost of service showing. Proper notice shall be provided of the franchising authority's decision.
(4) Any interested party may provide written comment regarding the proposed rates after the Mayor has received notice of a proposed rate increase and before the franchising authority makes a final determination concerning the proposal.
(5) The rate increase cannot take effect while the City is reviewing the request.
(6) If the franchising authority requests additional information regarding the proposal, then the cable company must provide said information within five calendar days.
(7) All information provided to the franchising authority shall be considered public, unless the cable company requests the information to be kept confidential and said request is consistent with State and Federal law.
(8) The franchising authority shall make its decision in writing, notify the cable company of its decision and post a public notice of said decision. No retroactive rate increases are permitted without prior approval of the Federal Communications Commission.
(Ord. 20-1994. Passed 2-7-94.)
(9) Increasing rates or eliminating long-standing discounts without the franchising authority's permission, or the failure of a cable company to comply with any rate order or other related order adopted by the franchising authority (which order may, without limitation, direct the cable company to reduce rates, set maximum permissible rates, order refunds or credits, establish filing deadlines or direct the company to provide information), shall be punishable by a fine of one thousand dollars ($1,000) per day of each violation and a full credit with interest to all affected subscribers.
(Ord. 120-1994. Passed 5-2-94.)
(b) The Clerk of Council shall send a certified copy of this section to all current franchisees in the City.
(Ord. 20-1994. Passed 2-7-94.)