(A) Upon certification of the city by the FCC to institute rate regulation, the following procedures shall apply to those rates that are subject to local regulation:
(1) When the city desires to initially review the basic service rates and other rates subject to local regulation under federal law, it shall notify the franchisee to file its schedule of rates with the city within 30 days of the receipt of such notice together with the data and information necessary to determine whether the rates meet the FCC rate standards. Such supporting information shall include, at minimum, the completed worksheets of FCC Form 393 or successor forms and all relevant supporting information and notes;
(2) When the franchisee desires to increase rates subsequent to the initial rate review, it shall submit to the city the revised rate schedule together with data and supporting information necessary to determine whether the new rates meet the FCC rate standards. Before filing for such rate increases, the franchisee shall give notice to its subscribers as required herein and by FCC rules; and
(3) If the city finds that the rates submitted by the franchisee are consistent with FCC rate standards following the procedure specified below, it shall so notify the franchisee within 30 days of the filing of the rates and any rate increases will become effective on the thirty-first day after their filing. If the city cannot find the rates are reasonable under the FCC standards within the 30-day period, it shall so notify the franchisee and may issue a brief order postponing the effectiveness of any rate increases for up to an additional 90 days; provided, however, if the franchisee is depending on a cost of service study to demonstrate reasonableness, the city may postpone the effectiveness of any rate increase for up to an additional 150 days.
(B) Members of the public and other interested parties may file written comments with the city within 14 days of the date a franchisee files its rates for initial review or for review of a rate increase. The city shall schedule a public hearing on rates before it for review following appropriate advance announcement to the public and the franchisee. Whenever the city disapproves rates or rate increases, in whole or in part, or approves rates over the objections of interested parties, it shall do so by written order explaining its reasons and provide public notice thereof.
(Ord. 96-9, passed 2-26-1996)