(a) Subscribers and users shall be notified of all increases in rates and service charges at least thirty days before the effective date thereof. Notice of such actions shall promptly be filed with the City Clerk.
(b) Grantees shall not discriminate in the assessment, levy, charge, imposition or collection of rates and service charges on the basis of age, race, creed, color, religion, national origin, sex or marital status. This subsection shall not be construed to prohibit establishing discounts as provided in subsection (j)hereof.
(c) Nothing in this chapter shall be construed to prohibit the reduction or waiving of charges in conjunction with City-wide promotional campaigns for the purpose of attracting subscribers or users.
(d) Grantees shall provide subscribers with itemized bills. Grantees may not require subscribers to pay for any cable service more than one month in advance. Grantees shall require no other advance payment. This subsection shall not be construed to prohibit an advance payment for installation of services or for security deposits.
(e) In the event that a subscriber fails to pay a rate or service charge when the same is properly due and owing, a grantee may disconnect the subscriber's service outlet upon giving ten days written notice.
(f) If a grantee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the grantee shall provide such service or equipment within five days of the collection of the deposit or charge or it shall refund such deposit or charge within two days. Nothing in this subsection shall be construed:
(1) To relieve a grantee of any responsibility to subscribers or users under any agreements into which it enters with them; or
(2) As limiting a grantee's liability for fines or penalties which may be imposed pursuant to this chapter or any franchise for violation or breach of any provision thereof; or
(3) As limiting a grantee's liability for damages because of its failure to provide the service for which the deposit or charge was made.
(g) In the event that a subscriber terminates any cable service prior to the end of a pre-paid period, the pro-rata portion of any pre-paid rate which represents payment for services which are no longer to be rendered shall be refunded promptly, but in no case more than forty-five days after receipt of the request for termination.
(h) A grantee shall not charge a security deposit greater than the equipment's actual cost to the grantee. Any security deposit collected by a grantee shall be returned to the subscriber upon the termination of service by the subscriber and return of such equipment undamaged, with allowances for reasonable wear and tear, and the payment of any outstanding balance due and payable.
(i) The City expressly reserves the right, upon reasonable notice and opportunity for comment by a grantee, to regulate whatever rates for the provision of cable services and service charges that the City is authorized to regulate by law. The City may adopt, by resolution, procedural guidelines for regulating rates subject to the Federal Cable Communications Policy Act of 1984, as amended or as amended in the future.
(j) A grantee shall reduce the rates for its basic service tier ("BST," defined as that tier which includes local television broadcast signals and public, educational and governmental channels, if any) by not less than ten percent. This discount shall be made available to all subscribers choosing to purchase the basic service tier only. A grantee may, at its option, recoup reductions in revenue occasioned by the discount reduction by increasing rates on other service tier offerings; provided, however, that the grantee's adjustment of its rates on tiers other than the BST shall not in the aggregate be greater than the actual level of revenue lost through the discount reduction. A grantee shall be under no obligation to reduce any rate pursuant to this subsection if any cable programming service tier becomes subject to rate regulation or if the grantee is otherwise prohibited from recouping revenue reductions on the BST through rate adjustments on other programming tiers.
(k) The grantee may not deny, delay, interrupt or terminate existing cable service or the use of existing channels, facilities and equipment to subscribers or users because the City denies a request for a rate or service charge increase, unless such delay, interruption or termination is approved by the City.
(l) No rate or service charge of any kind that the City lawfully regulates shall be charged or collected from subscribers or users by the grantee without the express or implied consent of the City.
(m) Grantees may request rate or service charge increases at any time.
(n) Grantees shall file with the City on or before December 31 of each year a full schedule of all subscriber and user rates and service charges.
(Ord. 615. Passed 9-5-95.)