805.12   RATE REGULATION.
   (a)   Basic Service Charges Must be Applied on Nondiscriminatory Basis. All charges for basic service must be applied on a nondiscriminatory basis. A grantee may, however, conduct promotional campaigns in which rates are discounted or waived, and may offer bulk rate discounts for multiple unit dwellings, hotels, motels, and similar institutions.
   (b)   County Reserves Right to Regulate Rates. The County reserves the right to regulate the grantee's rates for cable service to the fullest extent permitted by applicable law.
   (c)   Current Rate Schedule to be Filed With County; Thirty Days Notice Required Prior to Rate Change. A grantee, for information purposes, and for the County to ensure nondiscrimination, shall provide the County with a complete schedule of all current basic service and enhanced service rates and charges, including pay television and pay per view rates and charges, and shall give thirty days prior notice from the date of mailing to the County and to all affected subscribers of any pricing changes or additional charges, excluding temporary marketing and sales discounts or offers.
   (d)   County Adopts Rate Regulation Procedures Consistent With FCC Rules.
      (1)   The County hereby adopts, by reference, rules of the Federal Communications Commission set forth in Subpart N (Cable Rate Regulation) of Part 76 (Cable Television Service) of Chapter I of Title 47 of the Code of Federal Regulations, as amended, regarding the regulation of cable television rates for basic service and associated equipment.
      (2)   After a grantee has submitted for review its existing rates for the basic service tier and associated equipment costs or a proposed increase in these rates, the County shall publish a public notice of the rates and costs giving interested parties, including the grantee, a reasonable opportunity to file written comments which shall be available in the offices of the County Administrator for public inspection and copying during normal business hours.
      (3)   The County shall, in so far as permitted by State law, adopt, by reference, procedures set forth in 47 CFR 0.459 regarding confidential business information submitted by the grantee in a rate regulation proceeding.
      (4)   A grantee which willfully or repeatedly fails to comply with a rate regulation or refund order directed specifically at the grantee shall be subject to a monetary forfeiture as determined by the County Board of Supervisors.
(Ord. 98-05. Passed 4-15-98.)