(A) Schedule filings. Grantee shall file with the county schedules which shall describe all services offered, all rates and charges of any kind, and all terms and conditions relating thereto. No rates or charges shall be effective except as they appear on a schedule so filed. Grantee shall notify grantor and subscribers in writing at least 30 days prior to the implementation of any change in services offered, rate charges, or terms and conditions related thereto.
(B) Nondiscriminatory rates.
(1) Grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the franchise area for all services. Nothing contained herein shall prohibit the grantee 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) Discounts for senior citizens and/or low income residents.
(2) To the extent required by federal, state, or local law or regulation, grantee's charges and rates for all services shall be itemized on subscriber's monthly bills.
(C) County regulation. To the extent that federal or state law or regulation, and in particular that Section 626 of the Communications Act (47 USC 543) and the regulations of the FCC may now, or as the same may hereafter be amended, authorize the county to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by grantee, the county 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 county.
(D) Rate regulation of the basic tier and charges. The county will follow the county “Rate and Service Regulation Ordinance” and FCC rate regulations, including but not limited to Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92-226, FCC 93-177 (released May 3, 1993), or as hereafter amended from time to time, in its regulation of the basic service rates and charges of the grantee. In connection with such regulation, the county will ensure a reasonable opportunity for consideration of the views of interested parties, and the County Manager, or his/her designee, is authorized to execute on behalf of the county and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC rate regulations in order to enable the county to regulate basic service rates and charges.
(E) Evaluation criteria.
(1) If and when exercising rate regulation not under criteria established by the FCC, the county shall consider, along with any other information it deems necessary or appropriate, the following factors in approving or disapproving initial rates or a rate increase request:
(a) The ability of the grantee to render system services and to derive a reasonable profit therefrom under the existing rate schedule and under the proposed rate schedule;
(b) The revenues and profits derived from system services;
(c) The efficiency of the grantee;
(d) The quality of the services offered by the grantee;
(e) The fair market value of the system less depreciation;
(f) A fair rate of return over the life of the franchise with respect to grantee's investment;
(g) The extent to which grantee has adhered to the terms of this chapter and the franchise;
(h) Fairness to county residents, subscribers, and users.
(2) The county shall not consider any valuation based upon the franchise and the items of value shall neither be amortized as an expense nor shall a return be paid on them. The county may retain rate consultants as it deems appropriate, and all reasonable charges for such independent consultants shall be paid by the grantee.
(F) Ability to petition. If applicable, the county shall have the right to petition the FCC or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to review or regulate rates in the county.
(G) Free connections. Grantee shall provide upon request and free of charge the drops set forth in the franchise. Grantee shall discuss the location of each connection with the proper officials of each such institution receiving free connection.
(Ord. passed 12-2-96)