(a) Notice. Upon the adoption of this chapter and the certification of the City by the FCC, the City or the ICRC shall immediately notify all cable operators in the City, by certified mail, return receipt requested, that the City intends to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Act of 1992.
(b) Cable Operator Response, Within thirty days of receiving notice from the City or the ICRC, a cable operator shall file with the City or the ICRC, its current rates for the basic service tier and associated equipment and any supporting material concerning the reasonableness of its rates.
(c) Expedited Determination and Public Hearing.
(1) If the City Council is able to expeditiously determine that the cable operator's rates for the basic service tier and associated equipment are within the FCC's reasonable rate standard, as determined by the applicable benchmark, the City Council shall:
A. Hold a public hearing at which interested persons may express their views; and
B. Act to approve the rates within thirty days from the date the cable operator filed its basic cable rates with the City.
(2) If the City Council or the ICRC takes no action within thirty days from the date the cable operator filed its basic cable rates with the City, the proposed rates will continue in effect.
(3) Such public hearing may be held in conjunction with other ICRC communities under the direction of the ICRC.
(d) Extended Review Period.
(1) If the City Council is unable to determine whether the rates in issue are within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the City Council shall, within sixty days from the date the cable operator filed its basic cable rates with the City and by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination:
A. Ninety days if the City Council needs more time to ensure that a rate is within the FCC's reasonable rate standard; or
B. One hundred fifty days if the cable operator has submitted a cost- of-service showing seeking to justify a rate above the applicable benchmark.
(2) If the City Council has not made a decision within the ninety or one hundred fifty day period, the City Council shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate and on whose behalf the amounts are paid.
(e) Public Hearing. During the extended review period and before taking action on the proposed rate, the City Council or the ICRC shall hold at least one public hearing at which interested persons may express their views and record objections.
(f) Objections. An interested person who wishes to make an objection to the proposed initial basic rate may request the secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector must provide the secretary with the objector's name and address.
(g) Decision.
(1) By formal resolution. After completion by the City or the ICRC of its review of the cable operator's proposed rates, the City Council shall adopt its decision by formal resolution. The decision shall include one of the following:
A. If the proposal is within the FCC's reasonable rate standard or is justified by a cost-of-service analysis, the City Council shall approve the initial basic cable rates proposed by the cable operator; or
B. If the proposal is not within the FCC's reasonable rate standard and the cost-of-service analysis, if any, does not justify the proposed rates, the City Council shall establish initial basic cable rates that are within the FCC's reasonable rate standard or that are justified by a cost-of-service analysis.
(2) Rollbacks and refunds. If the City Council determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the City Council may order the rates reduced in accordance with subsection (g) or (h) hereof, as applicable. In addition, the City Council may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the City Council's decision resolution.
(3) Statement of reasons for decision and public notice. If rates proposed by a cable operator are disapproved in whole or in part, or if there were objections made by other parties to the proposed rates, the resolution must state the reasons for the decision and the City Council must give public notice of its decision. Public notice will be given by advertisement once in the official newspaper of the City.
(h) Appeal. The City Council's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations.
(Ord. 1994-15. Passed 2-8-94.)