(a) Adoption of FCC Rules by City. The City hereby adopts and shall follow the rules relating to cable television rate regulation promulgated by the FCC provided in Title 47 C.F.R. part 76.900, subpart N. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
(b) Notice to operators of City’s certification. Upon adoption of this chapter, the Clerk of the City Council will send each operator of a cable television system in the City, via certified mail, return receipt requested, a written notice, which shall include a copy of this chapter and the time-stamped copy of Form 328.
(c) Submission of rate and benchmark information; approval or disapproval of rates. Within 30 days after receipt of the aforesaid notice, a cable television operator shall have 30 days to respond with rate and benchmark information utilizing FCC Form 393 - Determination of Maximum Initial Permitted Rates for Regulated Cable Services and Actual Cost of Equipment.
(1) If the initial rates and/or any subsequent rate increases are within the FCC’s standards, the rates will be effective 30 days after submission.
(2) If the City is unable to determine whether the rate at issue is within the FCC’s standards based on the material before it, or if the cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC’s reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.
A. The City may take an additional 90 days if it needs more time to ensure that a rate is within the FCC’s rate standards.
B. The City may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.
C. The City must issue a brief written decision regarding its invocation of the additional time period.
(3) In all cases, the City will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.
(4) If rates are in excess of the FCC’s standards, the rates may be reduced by the City pursuant to applicable FCC regulations.
(d) Filing of additional rate changes. After the initial rate schedule procedures are followed as provided in this section, the cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, the cable operator shall notify the City of its requested rate change by giving the City 30 days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to FCC regulations.
(e) Appeals. To the extent specifically permitted by Federal law and applicable FCC rules, the cable operator shall be permitted to appeal to the FCC for a review of the decision of the City.
(Ord. O93-116, passed 11-16-1993)