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(A) City may require.
(1) In those cases where the cable operator has submitted initial rates or proposed an increase that exceeds the reasonable rate standard, the Commission may require the cable operator to produce information in addition to that submitted, including proprietary information, if needed to make a rate determination. In these cases, a cable operator may request the information be kept confidential in accordance with this section.
(2) In cases where initial or proposed rates comply with the reasonable rate standard, the City Commission may request additional information only in order to document that the cable operator’s rates are in accord with the standard.
(B) Request for confidentiality.
(1) A cable operator submitting information to the City Commission may request in writing that the information not be made routinely available for public inspection. A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies.
(2) If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply. If this is not feasible, the portion of the information to which the request applies shall be identified.
(3) Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based.
(4) Casual requests which do not comply with the requirements of this division, shall not be considered.
(C) City Commission action. Requests which comply with the requirements of division (B) above, will be acted upon by the City Commission. The City Commission will grant the request if the cable operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the Commission denies the request, the Commission shall take one of the following actions:
(1) If the information has been submitted voluntarily without any direction from the city, the cable operator may request that the city return the information without considering it. Ordinarily, the city will comply with this request, except in the unusual instance when the public interest so requires.
(2) If the information was required to be submitted by the Commission, the information will be made available for public inspection.
(D) Appeal. If the Commission denies the request for confidentiality, the cable operator may seek review of that decision from the FCC within five working days of the Board of Commissioner’s decision, and the release of the information will be stayed pending review.
(Ord. I-7-94, passed 2-14-1994)
(A) Annual inflation adjustment. In accordance with FCC regulations, the cable operator may adjust its capped base per channel rate for the basic service tier annually by the final GNP-PI index.
(B) Other external costs.
(1) The FCC regulations also allow the cable operator to increase its rate for the basic service tier automatically to reflect certain external cost factors to the extent that the increase in cost of those factors exceeds the GNP-PI. These factors include retransmission consent fees, programming costs, state and local taxes applicable to the provision of cable television service, and costs of franchise requirements. The total cost of an increase in a franchise fee may be automatically added to the base channel rate, without regard to its relation to the GNP-PI.
(2) For all categories of external costs other than retransmission consent and franchise fees, the starting date for measuring changes in external costs for which the basic service per channel rate may be adjusted will be the date on which the basic service tier becomes subject to regulation or February 28, 1994, whichever occurs first. The permitted per channel charge may not be adjusted for costs of retransmission consent fees or changes in those fees incurred before October 6, 1994.
(C) Notification and review. The cable operator shall notify the city at least 30 days in advance of a rate increase based on automatic adjustment items. The city shall review the increase to determine whether the item or items qualify as automatic adjustments. If the city makes no objection within 30 days of receiving notice of the increase, the increase may go into effect.
(Ord. I-7-94, passed 2-14-1994)
The city may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances:
(A) A portion of the previously paid rates have been determined to be in excess of the permitted tier change or above the actual cost of equipment; or
(B) The cable operator has failed to comply with a valid rate order issued by the city.
(Ord. I-7-94, passed 2-14-1994) Penalty, see § 112.99
This chapter shall be effective immediately with the summary of the ordinance as read at the meeting being specifically approved and adopted for purposes of first and only reading and for the purpose of publication and summary form according to law.
(Ord. I-7-94, passed 2-14-1994)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) If the cable operator fails to comply with a rate decision or refund order, the cable operator shall be subject to a fine of $500 for each day the cable operator fails to comply.
(Ord. I-7-94, passed 2-14-1994)