(A) Charges for service. The grantee shall establish rates for its services in accordance with the schedule of rates contained in Exhibit A. Such rates shall remain in force for two years from the date that the grantee activates the system within the village. Such activation shall mean substantial completion of installation, with service available to at least 90% of the houses to which access is provided to the grantee within the community.
(1) No increase in rates shall occur until after this two year period after activation. Any rate changes prior to the grantee obtaining 60% of its potential subscribers shall be fair, reasonable, and nondiscriminatory and based on a fair return on their investment compatible with other contiguous area rate charges. Justification for such rate changes shall be submitted to the Council and subscribers at least 60 days prior to any change in such rates.
(2) No increase in rates shall be made except as approved by the Council after an appropriate public proceeding affording due process, except that such rate-adjustment procedure as set forth below shall not be required unless and until the franchise achieves 60% penetration of its potential subscribers.
(3) The grantee may petition the village for a change in rates by filing a revised rate schedule with the Finance Director, the Clerk of Council, and such other individual or office designated by the village. The revised rate schedule shall include the grantee's justification for the proposed new rate schedule.
(4) Within 60 days after the filing of such petition, Village Council shall hold an appropriate public hearing at which all parties desiring to be heard, including the grantee, shall be heard on any matters relating to the grantee's system and the proposed new rates.
(5) Within 90 days after the filing of the petition, Village Council may issue a written decision on the grantee's petition, either approving, denying, or modifying the same.
(6) If Village Council fails to act within 90 days after the filing of the grantee's rate change petition, the grantee shall thereafter be entitled to put its proposed new rate schedule into effect.
(B) Rate review. The grantee may request a rate review at any time except that not more than one such request may be made by the grantee in any 12-month period unless such request is to seek relief from the imposition of a legally imposed fee, tax, or payment not contemplated in the determination of the existing rates. The village, on its own motion, may request a rate review at any time by giving reasonable notice to the grantee of its intention to do so.
(C) Schedule of rates. A grantee shall maintain and file with the village a complete schedule of subscriber rates including all fees and charges for services not subject to approval by the village.
(D) Rates for services subject to approval by the village. The following rates shall be subject to the prior approval of the village:
(1) Rates for the provision of basic service to subscribers, private or commercial;
(2) Rates for the connection and installation to the CTS; and
(3) Rates for installation and connection to the CTS where unusual circumstances exist such as remote or inaccessible subscriber locations or subscriber requested underground service drops.
(1995 Code, § 112.10) (Ord. 79-O-20, passed 7-9-1979)