(A) The City of Lawrence will regulate cable rates as permitted by federal law. The City of Lawrence has certification to regulate cable television rates for basic service. All materials pertaining to the review of initial rates or any proposed rate increase will be reviewed by the City of Lawrence. Final determinations will be made by the Common Council based on the report from the Mayor and public comment as required by federal law.
(1) All notices and supporting materials will be provided to the City of Lawrence by filing with the City Clerk at least seven days before the operator provides notice to subscribers as provided in division (A)(2) below. The proposed rate increase then will be placed on the agenda of the next regularly scheduled Common Council meeting.
(2) The operator will notify subscribers of any proposed rate increase at the billing cycle that is at least 30 days in advance of the date the rate increase is to become effective. Notice will list the FCC community identifier for the cable system and the name, address and phone number of the Mayor so that information regarding procedures for public participation is readily available to the subscriber.
(3) Public comment will be taken by phone or in writing by the Mayor’s office. Any comments will be filed with the City Clerk or Mayor up until the day of the meeting at which the basic rate action is scheduled. The Common Council has the option to accept oral comment at the aforementioned meeting.
(4) The Mayor will request further information if needed within one week and the Common Council will issue a preliminary determination of the reasonableness of the rate request within ten business days after the meeting. Failure to provide reasonable requested material will automatically invoke extended time periods for review.
(5) Determination of reasonableness of initial rates or any proposed rate increase will be made pursuant to federal law. The City of Lawrence reserves the right to prescribe a reasonable rate for the basic service tier or associated equipment if it is determined that the proposed rate is unreasonable.
(6) The City of Lawrence will order refunds to subscribers, including interest computed at applicable rates published by the Internal Revenue Service for its tax refunds and additional tax payments. Notice and opportunity to comment will be provided pursuant to the franchise agreement.
(B) All charges to subscribers and users shall be consistent throughout the franchise area with a written schedule of fees for all services offered available upon request. The operator shall be required to apprise in writing each new subscriber of all applicable fees and charges for providing cable television services. The operator shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided, however, that the operator may establish different rates for different classes of subscribers or users based upon cost of service differentials; provided that the operator may not discriminate between subscribers or users of the same class.
(C) Customer-requested disconnection shall be made as soon as practicable and in no case shall billing continue longer than ten days following notice to the operator of same by subscriber. The operator shall not enter into any agreement with a subscriber which imposes any charge other than past due balances and unreturned equipment charges following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those shall be no greater than the charges for new customers. This section shall not prevent the operator from refusing service to any person because the operator’s prior accounts with that person remain due and owing. Upon termination of service to any subscriber, the operator shall promptly remove all its facilities and equipment from the premises of the subscriber upon request.
(D) Except as may otherwise be provided in the franchise agreement, the operator may offer service which requires advance payment of periodic service charges for no more than one year in advance subject to the conditions contained in this division (D). A subscriber shall have the right, at any time, to have his or her service, or any portion thereof, disconnected with a refund for unused service charges paid to the customer. Refund checks will be issued promptly, but no later than either the customer’s next billing cycle following resolution of the request or 30 days, whichever is earlier; or the return of equipment supplied by the operator if service is terminated. Refunds of $5 or more will be paid automatically. Refunds of less than $5 will be paid upon the request of the subscriber.