(A) A grantee subject to provisions of this chapter may not increase any rate or charge for any of its services without first filing notice of such proposed increased rate or charge with the grantor clerk and all affected system users. Such advance notice of a proposed change in user fees shall be subject to provision’s of a grantor’s rate regulation ordinance(s) which ordinance(s) and provisions by this reference shall be considered fully set forth herein.
(B) A grantee subject to provisions of this chapter may not increase or modify any rate, charge, or service which is not subject to grantor’s rate regulation ordinance(s) without first filing notice of such proposed increase, or modification with the grantor clerk at least 30 days in advance of the proposed effective date of such increase or modification. Such notice shall state the nature of the increase or modification and provide the reason such increase or modification is deemed necessary by the grantor.
(C) Notwithstanding the provisions of divisions (A) and (B) above, a grantee and the grantor recognize that cable television tier I services, as defined within a franchise agreement, shall provide information vital to the community through the use of dedicated channels providing governmental, educational, and public access programming. Therefore, a grantee subject to this chapter and franchise awarded hereunder shall not modify or repackage its cable television tier I programming services without the advance approval of the grantor or as otherwise provided within a franchise.
(D) Notwithstanding that certain rates and charges for a grantor’s services may be exempt from grantor regulation at the time of adoption of this chapter, the grantor herein expressly reserves the right to revise this chapter in the future to incorporate any additional rate or service regulatory rights that may result from future changes in federal or state law and/or FCC rules and regulations.
(E) Any cable television franchise awarded hereunder may provide a procedure by which a grantee may request a modification of cable television programming services within a tier I, or for an increase or modification of any rate charge or service not subject to provisions of a grantor’s cable television rate regulation ordinance. Such a procedure may provide that:
(1) The grantor may, by affirmative action by its legislative body, require a grantee to appear before it to show cause pursuant to criteria hereinafter set out as to why the grantor’s rates, charges, or services should be increased or modified;
(2) If the grantor should so act, the grantor clerk shall be required to give notice of said hearing to grantee not less than 30 days prior to the scheduled date for said hearing; and
(3) In the event the grantor shall determine that such a hearing should take place, then said hearing shall be conducted in the following manner:
(a) The grantor’s legislative body shall conduct a full and complete public hearing regarding continued applicability of deregulation of a grantee’s rates and charges; and
(b) At the show cause hearing provided herein, it shall be the grantor’s responsibility to determine whether or not a grantee has established reasonable rates or services for subscribers and if such proposed increase or modification of rates or services are reasonable or lawful. In making such determination, the grantor shall consider and give due weight to a grantee’s expenses, a reasonable grantee return on the cost of the property used in this service, depreciation, obsolescence, taxes, risks of the business, and the value of service to the customer. A copy of such decision will be served upon a grantee.
(F) If, after the hearing, the grantor finds existing rates to be unjust, unreasonable, or in violation of the law, a copy of such decision along with its conclusions and findings supporting its decision will be served upon a grantee.
(G) The cost of publication of notice of the public hearing shall be borne by a grantee.
(2011 Code, § 14.12.060)