Section
115.01 Definitions
115.02 Purpose and interpretation
115.03 Filing; additional information; burden of proof
115.04 Proprietary information
115.05 Public notice; initial review of rates
115.06 Tolling order
115.07 Public notice; hearing on basic cable service rates following tolling of 30-day deadline
115.08 Village Manager’s report; written response
115.09 Rate decision and order
115.10 Refunds; notice
115.11 Written decision; public notice
115.12 Rules and regulations
115.13 Failure to give notice
115.14 Additional hearings
115.15 Additional powers
115.16 Failure to comply; remedy
115.17 Conflicting provisions
(A) Generally. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSOCIATED EQUIPMENT. All equipment and services subject to regulation pursuant to 47 C.F.R. § 76.923.
BASIC CABLE SERVICE or BASIC TIER CABLE SERVICE. A separately available tier to which subscription is required for access to any other tier of service and shall, at a minimum, consist of those signals and programming required by the Cable Act and the FCC Rules.
CABLE ACT. The Cable Communications Policy Act of 1984 (Pub. Law No. 98-549), as amended by Cable Television Consumer Protection and Competition Act of 1992 (Pub. Law No. 102-385, 47 U.S.C. §§ 551 et seq.).
CABLE OPERATOR. Any person or group of persons:
(a) Who provides, within the corporate limits of the Village of Holly, cable service, over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(b) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE.
(a) The one-way transmission to subscribers of video programming or other programming service; and
(b) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
FCC. The Federal Communications Commission created by 47 U.S.C. § 151.
FCC RULES. The rules and regulations promulgated from time to time by the FCC for the implementation, administration, and enforcement of the provisions of the Cable Act.
FRANCHISE. The initial authorization or renewal thereof issued by the Village of Holly which authorizes the construction or operation of a cable system within the Village of Holly.
FRANCHISE AGREEMENT. The agreement or ordinance setting forth the length, terms, and conditions of a cable operator’s franchise granted by the Village of Holly.
VILLAGE. The Village of Holly.
(B) Conflict. In the event of any inconsistency between the definitions set forth in this chapter and the definitions of the same terms set forth in the Cable Act and/or the FCC Rules, the definition of such term in the Cable Act or the FCC Rules shall prevail. All other words and phrases used in this chapter shall have the same meanings as in the Cable Act and the FCC Rules.
(1984 Code, § 8-10-010) (Ord. 240, passed 10-19-1993)
The purposes of this chapter are to:
(A) Provide regulations and procedures governing basic tier cable service consistent with the Cable Act and the FCC Rules; and
(B) Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic tier cable service rate regulation by the village.
(1984 Code, § 8-10-020) (Ord. 240, passed 10-19-1993)
(A) (1) A cable operator shall file with the Village Clerk-Treasurer ten copies of its schedule of rates for basic tier cable service and associated equipment or a proposed increase in such rates in accordance with the time, format, and other requirements of the Cable Act and the FCC Rules.
(2) The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Cable Act and the FCC Rules. For purpose of this chapter, such filing shall be deemed to have been made once all ten copies have been received by the Village Clerk-Treasurer.
(B) The Village Council may, by resolution or otherwise, promulgate rules and regulations prescribing the information, data, and calculations which must be included as part of the cable operator’s filing of the schedule of rates or proposed increase.
(C) A cable operator shall also provide all information requested by the Village Manager in connection with the village’s review and regulation of existing rates for basic tier cable service and associated equipment or a proposed increase in said rates. The Village Manager may establish deadlines for the submission of the requested information and the cable operator shall comply with such deadlines.
(D) The cable operator shall at all times have the burden of proving that its rates comply with the Cable Act and the FCC Rules.
(1984 Code, § 8-10-030) (Ord. 240, passed 10-19-1993)
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