(A) Scope and applicability. The city reserves all rights to implement and impose regulation of a franchisee’s rates and charges, to the maximum extent permitted by law, and may do so by amendment to this chapter, by separate ordinance, by amendment to a franchise, or in any other lawful manner.
(B) Rate regulation procedures. Rate regulation shall be performed in accordance with the rules and regulations of the FCC. The CAO or his or her designee may take any required steps to file complaints, toll rates, issue accounting orders or take any other steps required to comply with FCC regulations. The City Council shall be responsible for issuing final rate orders that establish rates or order refunds. No rate may be put into effect without the prior review and approval of the city, except as federal law may otherwise require.
(C) Rate discrimination prohibited. Except to the extent the city may not enforce such a requirement, a franchisee is prohibited from discriminating in its rates or charges or from granting undue preferences to any subscriber, potential subscriber or group of subscribers or potential subscribers; provided, however, that, a franchisee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers, so long as such discounts are offered on a non-discriminatory basis to similar classes of subscribers throughout the franchise area; provided further that, a franchisee may offer discounts for the elderly, the disabled or the economically disadvantaged and such other discounts as it is expressly entitled to provide under federal law, if the discounts are applied in a uniform and consistent manner. A franchisee shall comply at all times with all applicable federal, state and city laws, and all executive and administrative orders relating to non-discrimination.
(D) Cable customer service standards. Each franchisee must satisfy cable customer service standards or consumer protection standards set out in Appendix A to this chapter and its franchise agreement. In addition, every franchise shall be deemed to include a requirement that the franchisee comply with such additional or stricter customer service standards or consumer protection laws as the city may establish from time to time by ordinance or resolution. In addition to complying with the requirements of its franchise and applicable municipal law, each franchisee shall at all times satisfy any additional or stricter requirements established by applicable law including, without limitation, FCC customer service standards and consumer protection laws.
(Ord. 26-97, passed 9-23-1997)