(a) Regulatory Authority.
(1) The City shall exercise appropriate regulatory authority under the provisions of this chapter and applicable law. This authority shall be vested in the City Council and administered through the Mayor or his designee in order to provide day-to-day administration and enforcement of the provisions of this chapter and any Permit granted hereunder, and to carry out the City's responsibilities with regard to cable and related communications.
(2) The City reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate Cable Systems or Competitive Video Systems and the Providers. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or the Permit, including without limitation, regulation regarding Permit fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other matter. The City shall provide reasonable notice to the Provider of any such change.
(b) Supervision of the Permit.
(1) The City shall have the following regulatory responsibility:
A. Administration and enforcement of the provisions of this chapter and any Permit granted hereunder.
B. Award, renewal, extension or termination of a Permit pursuant to the provisions of this chapter, the Permit, and other applicable law.
C. Consent prior to sale or transfer of any Permit granted hereunder if applicable.
D. Performance evaluation.
E. Rate regulation, if applicable.
(2) The City also reserves the right to perform the following functions:
A. Develop objectives and coordinate activities related to the operation of government Channels with other jurisdictions.
B. Coordinate plans for expansion, interconnection and growth of Systems.
C. Analyze the possibility of integrating Cable Systems or Competitive Video Systems with other City, State or regional telecommunications networks.
D. Formulate and recommended long-range telecommunications policy for the City, and determine in consultation with the Provider the future cable-related needs and interests of the community.
E. Provide the administrative effort necessary for the conduct of performance evaluations, and any other activities required for the administration of the Permit.
F. Monitor Provider's process for handling citizen complaints and periodically inspect and analyze the records related to such complaints.
G. Receive applications for rate increases if applicable and provide staff assistance in the analysis and recommendations thereto.
H. Monitor Provider's adherence to this chapter.
I. Assure compliance with applicable laws and ordinances.
J. Witness Provider's tests and analysis of equipment and performance, as needed to insure compliance with this chapter and the Permit.
K. Assure continuity in Service.
L. Receive for examination all data and reports required by this chapter.
(c) Rates and Charges.
(1) Provider shall file with the City schedules which shall describe all Services offered, all rates and charges of any kind, and all terms and conditions relating thereto. Provider shall notify subscribers in writing at least thirty days prior to the implementation of any change in Services offered, rates charged, or terms and conditions related thereto.
(2) Nothing contained herein shall prohibit the Provider from offering:
A. Discounts to commercial and multiple family dwelling subscribers billed on a bulk basis;
B. Promotional discounts;
C. Reduced installation rates for subscribers who have multiple Services, or
D. Promotional campaigns designed to attract or maintain customers. Provider's charges and rates for all Services shall be itemized on subscriber’s monthly bills.
(3) The City reserves the right to regulate the rates and charges of the Provider to the maximum allowed by state or federal laws. To the extent that Federal or State law or regulation may now, or as the same may hereafter be amended to, authorize the City to regulate the rates for any particular Cable Service or Competitive Video Service tiers, Cable Service or Competitive Video Service packages, or equipment, or any non Cable Services or non Competitive Video Services provided by Provider, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City.
(d) Performance Evaluation.
(1) The City and the Provider shall, at the discretion of the City, hold scheduled performance evaluation sessions every five years. All such evaluation session shall be open to the public.
(2) Special evaluation sessions may be held at anytime during the term of the Permit at the request of the City.
(3) All evaluation sessions shall be open to the public and announced in newspaper of general circulation in accordance with public notice, as provided in Section 705.09(a). Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to system performance and construction, Provider compliance with this chapter and the Permit, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, Permit Fees, penalties, free or discounted Services, applications of new technologies, judicial and FCC filings, and line extensions.
(4) During the review and evaluation by the City, the Provider shall fully cooperate with the City and shall make available for City review at Provider's office such information and documents as the City may need to reasonably perform its review.
(Ord. 2007-13. Passed 6-18-07.)