(A) A schedule of the rates and charges currently imposed by Franchisee is set forth in Attachment A to Ord. 96-5, passed 3-18-96. Grantor reserves the right to regulate such rates and charges to the extent permitted by any present or future regulatory law.
(B) In the event that Grantor has authority to regulate rates, the following procedures shall be used:
(1) Before making any changes in the rates to subscribers for basic cable services, the Franchisee shall file in writing with Grantor a new proposed rate change at least 30 days in advance of the proposed effective date for such rate change. If the City takes no action to set the proposed rate change for hearing, said proposed rate changes shall become effective upon the expiration of the 30-day notice period.
(2) If the Council wishes to hold a hearing on the proposed rate increase, the hearing shall be held within 30 days of the filing of the proposed rate increase by the Franchisee. Following the hearing, the Council shall take final action on the proposed increase within 30 days.
(C) Any rate subject to regulation under the above provisions may be increased without the approval of Grantor, at the discretion of the Franchisee, by an amount not to exceed 5% per calendar year. In addition, the Franchisee shall have the right to pass along to subscriber direct state and local sales taxes, franchise fees, programming cost increases, and copyright fee increases.
(D) The Franchisee shall not discriminate in rates between customers of the same category except to the extent permitted by the Cable Communications Policy Act of 1984 or the Cable Television Consumer Protection and Competition Act of 1992 and by Federal Communications Commissions regulations.
(Ord. 96-5, passed 3-18-96)