A. Service Rates. The Grantee shall establish rates for its services which shall be applied on a nondiscriminatory basis in the Service Area, except for commercial and bulk account rates, which are negotiated individually. Pursuant to federal law, the County reserves the right to assume regulation of rates paid by Subscribers. As specified by the FCC’s rules, such rate regulation shall cover Basic Cable Service rates and Subscriber premises Installations and equipment rates (including charges for, but not limited to, converter boxes, remote control units, connections for additional television receivers and other cable home wiring). The County reserves the right to further regulate rates pursuant to any additional powers granted to it by either the FCC or applicable federal or state law.
B. Rate Regulatory Procedures. In the event that rate regulatory powers are assumed by the County, the following shall apply:
1. The County shall notify the Grantee of the County’s FCC certification and of the County’s adoption of rate regulations which are consistent with the FCC’s regulations which provide for a reasonable opportunity for consideration of the views of interested parties.
2. Upon receipt of such notification by the Grantee, Basic Cable Service regulations shall become effective. The Grantee shall be prohibited from raising Basic Cable Service rates without the approval of the County, and the Grantee shall, within 30 days, submit for review its Basic Cable Service, Installation and equipment rates and supporting documentation pursuant to the FCC’s regulations.
C. Financial Information. Consistent with state and federal regulations and to aid in the evaluation of the Grantee’s proposed rates, the County may require the production of financial information.
D. Refunds. Consistent with federal and state regulations and as specified in the FCC’s regulations, the Grantee maybe ordered to refund to Subscribers that portion of previously paid rates which have been found to be unreasonable.
E. Amendment. This § 5.28.220 is drafted in accordance with the FCC’s rules for Cable Service effective on the date of this Ordinance, and that these rules and other relevant laws are subject to amendment by the County. As such, this § 5.28.220 shall be liberally construed, and a Grantee shall comply with all future amendments to this Ordinance, FCC rules and other relevant laws and regulations which are relevant.
(Ord. O-200203-12-002, passed 3-5-2002)