(A) Upon certification of the city by the FCC to institute rate regulation, the following procedures shall apply to those rates that are subject to local regulation.
(1) When the city, on recommendation from the city's Cable Television Oversight Authority, desires to initially review the basic service rates and other rates subject to local regulation under federal law, it shall notify the franchisee to file its schedule of rates with the city's Cable Television Oversight Authority within 30 days of the receipt of the notice, together with the data and information necessary to determine whether the rates meet the FCC rate standards. The supporting information shall include, at minimum, the completed worksheets of FCC Form 393 and all relevant supporting information and notes.
(2) When the franchisee desires to increase rates subsequent to the initial rate review, it shall submit to the city's Cable Television Oversight Authority the revised rate schedule, together with data and supporting information necessary to determine whether the new rates meet the FCC rate standards. Before filing for the rate increases, the franchisee shall give notice to its subscribers as required herein, and by FCC rules.
(3) If the city's Cable Television Oversight Authority finds that the rates submitted by the franchisee are consistent with FCC rate standards, it shall so notify the franchisee within 30 days of the filing of the rates, and any rate increases will become effective on the thirty-first day after the filing. If the Authority finds the rates are not reasonable under the FCC standards within the 30-day period, it shall so notify the franchisee and may issue a brief order postponing the effectiveness of any rate increases for up to an additional 90 days; however, if the franchisee is depending on a "cost of service" study to demonstrate reasonableness, the Authority may postpone the effectiveness of any rate increase for up to an additional 150 days.
(B) Members of the public and other interested parties may file written comments with the city's Cable Television Oversight Authority within 14 days of the date a franchisee files its rates for initial review or for review of a rate increase. The authority shall schedule a public hearing on rates before it for review following appropriate advance announcement to the public and the franchisee. The hearing may be before to Mayor and City Council, or it may delegate the Authority to make public testimony and report to the Mayor and City Council. Whenever the Mayor and City Council disapprove rates or rate increases, in whole or in part, or approve rates over the objections of interested parties, they shall do so by written order explaining their reasons and provide public notice thereof.
(Ord. 31-93, passed 12-21-1993)