(A) The city hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N.
(B) Upon adoption of this chapter, the City Clerk will send to Grantee each operator of cable television system in the city, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this chapter and the completed FCC Form 328.
(C) Within 30 days after receipt of the notice referenced in division (B), Grantee and any other cable television operator shall have 30 days to respond with rate and benchmark information utilizing FCC Form 393--Determination of Maximum Initial Permitted Rates For Regulated Cable Services and Actual Cost of Equipment.
(1) If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective 30 days after submission.
(2) If the city is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the Grantee or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the city may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.
(a) The city may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's rate standards.
(b) The city may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.
(c) The city must issue a brief written decision regarding its invocation of the additional time period.
(3) If no action is taken within the above referenced time periods, the proposed rate's will go into effect, subject to subsequent refund orders if the city later issues a decision disapproving any portion of the proposed rates.
(4) In all cases, the city will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.
(5) If rates are in excess of the FCC's standards, the rates may be reduced by the city pursuant to applicabl FCC regulations.
(D) After the initial rate schedule procedures are followed, as described in this section, Grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Grantee and/or any other cable operator shall notify the city ofits requested rate change by giving the city 30 days advance written notice before the change is effective and by providing the city with its rates and applicable information pursuant to FCC regulations.
(E) To the extent specifically permitted by federal law and applicable FCC rules, Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the city.
(Ord. S-78-93, passed 10-26-93)