A. Systems Covered. All rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the City in a manner provided by this Section 767.05
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B. Procedure for Establishing Initial Rates and Approving Rate Changes
1. The City hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
2. Within thirty (30) days after receipt of a notice from the City to complete Form 393, Provider shall have thirty (30) days to respond with rate and benchmark information utilizing FCC Form 393 - Determination of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment.
(a) If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty (30) days after submission.
(b) If the City is unable to determine whether the rate at issue is within the FCC's standards, based on the material before it, or if the Provider has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.
(1) The City may take an additional ninety (90) days if it requires more time to ensure that a rate is within the FCC's rate standards.
(2) The City may take an additional one hundred fifty (150) days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.
(3) The City must issue a brief written decision regarding its invocation of the additional time period.
(c) In all cases, the City shall issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.
(d) If rates are in excess of the FCC's standards, the rates may be reduced by the City pursuant to applicable FCC regulations.
3. After the initial rate schedule procedures are followed, as described in this Section, Provider shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, Provider shall notify the City of its requested rate change by giving the City thirty (30) days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to FCC regulations.
4. To the extent specifically permitted by federal law and applicable FCC rules, Provider may appeal to the FCC for a review of the decision of the City.
C. Reimbursement For Costs.
1. The City may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the City, to properly evaluate and analyze rates and charges.
2. All costs for the review of initial rates or rate changes shall be paid by the Provider upon demand of the City, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by state or federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the City) rendered by the City or any City employees, agents or representatives of the City. (Ord. 1994-47. Passed 6-8-94.)