Whenever the Mayor and City Council disapprove a schedule of rates upon initial review or subsequent rate increases, they may employ any combination of the following remedies:
(A) A prospective reduction in rates may be ordered consistent with FCC rate standards or the results of a cost of service study;
(B) New rates may be prescribed by the city upon recommendation of the city's Cable Television Oversight Authority, to bring rates found to be unreasonable into compliance with FCC rate standards or a cost of service study;
(C) Upon recommendation of the city's Cable Television Oversight Authority, the city may, consistent with division (D) of this section, order the franchisee to refund to subscribers an amount by which rates are found to be unreasonable under any of the following circumstances:
(1) As part of the initial review of rates;
(2) When the franchisee has failed to comply with a rate decision and has continued to charge unreasonable rates; and/or
(3) Where the city has tolled a prospective rate increase for 90 to 150 additional days (as applicable) and the rate increase, later found to be unreasonable, has gone into effect.
(D) When refunds may become applicable under division (C) of this section, the city shall issue a brief order when the tolled rates go into effect directing the franchisee to keep accurate account of all amounts paid by individual subscribers relative to the rates in question (an "accounting order"). The period for which refunds may be ordered shall not exceed one year or extend back in time before September 1, 1993, whichever period is less. Before ordering a refund, the city must give the franchisee prior notice and an opportunity to make a presentation, either orally in a hearing context or by paper filings. Refunds shall include interest computed at the rate used by the Internal Revenue Service for refunds and additional tax payments. Normally, refunds shall be made to individual subscribers that paid the unreasonable charges. However, where no accounting order has been issued or the franchisee can demonstrate that the specific refunds will entail undue burden compared with the amount of the refund, the city may authorize a one-time credit to all subscribers of the class that paid the unreasonable rates.
(Ord. 31-93, passed 12-21-1993)