711.01 Adoption of FCC cable rate regulation rules.
711.02 Establishment and duties of cable regulatory staff.
711.03 Computation of time.
711.04 Effective date of rate regulations for basic service and equipment.
711.05 Filing of schedule of rates.
711.06 Public notice re rate schedule.
711.07 Staff and Council review of basic cable rates and equipment costs.
711.08 Additional time for review of rates for basic service and equipment.
711.10 Written decisions.
711.11 Proprietary information.
711.12 Forfeitures for noncompliance.
711.13 Burden of proof of compliance.
711.14 Notification of proposed rate increase.
711.15 Change in status of cable operator.
CROSS REFERENCES
Cable television contracts - see Ohio R.C. 505.90 et seq.
Interrupting or impairing television service - see Ohio R.C. 2909.04
Regulation of political broadcasts - see Ohio R.C. 3599.09
Cable television regulations - see B.R. & T. Ch. 712
Rate regulation generally - see B.R. & T. 712.17
Dish-type satellite receiving stations - see P. & Z. 1176.06
The City hereby adopts the rate regulation rules promulgated by the FCC pursuant to the Cable Television Consumer Protection and Competition Act of 1992 (1992 Cable Act), 47 C.F.R., Part 76, Subpart N. The determination of the lawfulness of any cable television rate within the City's jurisdiction will be made pursuant to such FCC rules or any successor FCC regulations. All terms used herein have the same meaning and application as in the FCC cable rate regulation rules.
(Ord. 93-120. Passed 12-6-93.)
(a) A cable regulatory staff (the staff) for the City will be organized by the Mayor with the assistance, as desired, of the Cuyahoga County Mayors and Managers Association, in order to administer the regulation of basic cable service and equipment rates pursuant to the FCC's cable rate regulations and the 1992 Cable Act, with the aid of counsel and other consultants as may be needed. Council may at any time delegate additional duties to the staff.
(b) In all instances involving the determination of the lawfulness of a cable television service rate or rates, the staff will present to Council a recommended decision based on the record. Council may adopt, amend, or remand for further review a recommended decision of the staff. Council may also direct the staff at any time to investigate issues pertaining to cable rate regulation and to provide a recommended decision. Any adoption by Council of a recommended decision by the staff regarding the lawfulness of a cable television service rate or rates shall be considered a final decision. The staff shall communicate the results of final decisions to the affected cable operators in writing.
(Ord. 93-120. Passed 12-6-93.)
This section applies only to time periods that need to be computed for participation in cable rate regulation proceedings administered by the cable regulatory staff or Council.
(a) The term "day" shall apply to all days, regardless of holidays.
(b) The term "business day" means all days which are not holidays.
(c) If the date for any event specified in these rules falls on a holiday, the relevant date will be the next business day.
(d) The term "holiday" means Saturday, Sunday, officially recognized legal holidays and any other day on which the staff offices are not open. For example, a regularly scheduled staff business day may become a holiday if staff offices are closed for all or part of regular working hours due to adverse weather or emergency conditions.
(e) The first day to be counted in any period of time is the day after the event which initiates the period. For example, if comments are to be filed within five days of a public notice issued on November 12, the deadline for filing the comments would be November 17.
(Ord. 93-120. Passed 12-6-93.)
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