(a) 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, Subpart N. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
(b) Upon adoption of this chapter, the City Clerk will send to the Grantee and each operator of a cable television system in the City, via certified mail, return receipt requested, a written notice, which shall include a copy of this chapter and notice that the City is certified by the FCC to regulate the cable television rates authorized by this chapter.
(c) Within thirty days after receipt of the aforesaid notice, the Grantee and any other cable television operator shall have thirty days to file its rate schedule and justification for rates for the basic service tier and associated equipment using the appropriate official FCC forms.
(1) If the existing rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty days after submission.
(2) Except in the case of an FCC Form 1240 - “Annual Update Form” filing, 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 Grantee or any other cable operator 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.
A. The City make take an additional ninety days if it needs more time to ensure that a rate is within the FCC’s rate standards.
B. The City make take an additional 150 days to evaluate a cost-of- service showing seeking to justify a rate above the reasonable rate level.
C. The City must issue a brief written decision regarding its invocation of the additional time period. This written decision shall be prepared by the City Manager or his designee.
D. If the City has availed itself of additional time under paragraphs A. or B. of this paragraph and is still unable to determine if the rate at issue is within the FCC’s standards, then it may preserve its right to rule, and order a refund if necessary, by issuing a brief order directing the Grantee, or any other cable operator in the City, to keep an accurate account of all amounts received by reason of the rate at issue and on whose behalf such amounts were paid. Such order shall be issued by the City Manager, or his designee.
(3) Where the Grantee, or any other cable operator, files an FCC Form 1240 - “Annual Update Form”, the filing must be made at least ninety days before a rate change is to be implemented and the City shall have ninety days from the date of the filing to review it.
A. If the City is unable to determine whether the rate at issue is within the FCC’s standards during the ninety-day review period and has taken no action, then the proposed rate(s) may go into effect at the end of the review period, subject to a prospective rate reduction and a refund of all amounts received by reason of the rate at issue if the City issues a written decision disapproving any portion of such rates within twelve months of the Form’s filing date.
B. If the Grantee, or any other cable operator in the City inquires in writing during the review period as to whether the City intends to issue a rate order after the review period, the City must notify the operator of its intent in this regard within fifteen days of receipt of such written inquiry in order for the City to preserve its right to order a prospective rate reduction and refund.
(4) The City may issue a written decision to approve a rate schedule, but in all cases in which a rate schedule is being disapproved, a written decision shall be issued by the City.
(5) If rates are in excess of the FCC’s standards, the rates may be reduced and/or refunds may be ordered by the City pursuant to applicable FCC regulations.
(d) After the initial rate schedule procedures are followed, as described in this section, the Grantee and/or any other cable operator 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, the Grantee and/or any other cable operator shall notify the City of its requested rate change by giving the City at least thirty days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to FCC regulations.
(e) To the extent specifically permitted by federal law and applicable FCC rules, the Grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the City.
(Ord. 00-16. Passed 3-20-00.)