(A) Regulatory authority.
(1) On-going regulation. The City shall exercise appropriate regulatory authority under the provisions of this Ordinance and applicable law. This authority shall be vested in the City Council and administered through the City Manager or his designee in order to provide day-to-day administration and enforcement the provisions of this Ordinance and any Franchise granted hereunder, and to carry out the City's responsibilities with regard to cable television.
(2) Change in law or regulation. The Grantee shall at all times comply with all laws and regulations of the State and Federal government and generally applicable local regulations and ordinances. In the event that any actions of the State or Federal government or any agency thereof, or any court of competent jurisdiction upon final adjudication, substantially reduce in any way the power or authority of the City under this Ordinance or the Franchise, or if in compliance with any local, State, or Federal law or regulation, the Grantee finds conflict with the terms of this Ordinance, the Franchise, or any law or regulation of the City, then as soon as possible following knowledge thereof, the Grantee shall notify the City of the point of conflict believed to exist between such law or regulation and the laws or regulations of the City, this Ordinance and the Franchise.
(3) Authority. The City reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate the cable television system, the Franchise and the Grantee. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may upon notice to the Grantee engage in any such additional regulation as may then be permissible, whether or not contemplated by this Ordinance or the Franchise, including without limitation, regulation regarding Franchise fees, taxes, programming, rates charged to subscribers and users, consumer protection, or any other matter. The City shall provide thirty (30) days notice to the Grantee of any such change.
(B) Supervision of the franchise.
(1) The City shall have the following regulatory responsibility:
(a) Administration and enforcement of the provisions of this Ordinance and any Franchise granted hereunder.
(b) Award, renewal, extension or termination of a Franchise pursuant to the provisions of this Ordinance, the Franchise, and other applicable law.
(c) Consent prior to sale or transfer of any Franchise granted hereunder.
(d) Performance evaluation.
(e) Rate regulation, if applicable.
(2) The City also reserves the right to perform the following functions:
(a) Develop objectives and coordinate activities related to the operation of government channels with other jurisdictions.
(b) Operate Monroe government access and operations and services, including the use of dedicated channels.
(c) Coordinate plans for expansion, interconnection and growth of cable services.
(d) Analyze the possibility of integrating the cable television system with other cable systems serving adjacent franchising authorities, State or regional telecommunications networks.
(e) Formulate and recommend long-range telecommunications policy for the City, and determine in consultation with the Grantee the future cable-related needs and interests of the community.
(f) Provide the administrative effort necessary for the conduct of performance evaluations, and any other activities required for the administration of the Franchise.
(g) Monitor Grantee's process for handling citizen complaints and, during normal business hours, periodically inspect and analyze the records related to such complaints.
(h) Receive applications for rate increases if applicable and provide staff assistance in the analysis and recommendations thereto.
(i) Monitor Grantee's adherence to operational standards, service requirements and line extension policies as needed to ensure compliance with this Ordinance and the Franchise.
(j) Assure compliance with applicable laws and ordinances.
(k) Arrange tests and analysis of equipment and performance, as needed to ensure compliance with this Ordinance and the Franchise.
(l) Assure continuity in service.
(m) Receive for examination all data and reports required by this Ordinance.
(C) Rates and charges.
(1) Schedule filings. Grantee shall file with the City schedules which shall describe all services offered, all rates and charges of any kind, and all terms and conditions relating thereto. Grantee shall notify subscribers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates charges, or terms and conditions related thereto.
(2) Nondiscriminatory rates. Unless Federal law or regulation allows otherwise, Grantee shall establish rates that are nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all subscribers in the Franchise area for all services. Nothing contained herein shall prohibit the Grantee from offering (i) discounts to commercial and multiple family dwelling subscribers billed on a bulk basis; (ii) promotional discounts; or (iii) reduced installation rates for subscribers who have multiple services. Grantee's charges and rates for all services shall be itemized on subscriber's monthly bills.
(3) City regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended to, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Grantee, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City.
(4) Rate regulation of the basic tier and charges. The City will follow FCC Rate Regulations including, but not limited to, Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, FCC 93-177, adopted on February 22, 1994 (released March 30, 1994) and MM Docket No. 93-215 adopted February 22, 1994 (released March 30, 1994), or as hereafter amended by the FCC from time to time, in its regulation of the basic service rates and charges of the Grantee. In connection with such regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties; and the City Attorney, or his designee, is authorized to execute on behalf of the City and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the city to regulate basic service rates and charges.
(5) Ability to petition. If applicable, the City shall have the right to petition the Federal Communications Commission or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to review or regulate rates in the City.
(D) Performance evaluation.
(1) Annual Sessions. The City may, at its discretion, hold scheduled performance evaluation sessions not to exceed more than one (1) session per calendar year unless the City feels particular situations warrant additional evaluations.
(2) Special sessions. Special evaluation sessions may be held at any time during the term of the franchise at the request of the City and upon thirty (30) days notice to Grantee.
(3) Public hearings. All evaluation sessions shall be open to the public and announced in a newspaper of general circulation in accordance with public notice requirements.
(4) Topics for review. Topics which may be discussed at any scheduled or special evaluation session may include, but not be limited to system performance and construction, Grantee compliance with this Ordinance and the franchise, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions.
(5) Cooperation by Grantee. During the review and evaluation by the City, the Grantee shall fully cooperate with the City and shall provide such information and documents, and attend City held meetings as the City may need to reasonably perform its review.
(6) Response to inquiries. The City may, at any time, make inquiries, concerned with the management and affairs of the cable television system, which are necessary to ensure compliance with this Ordinance and the Franchise. Grantee shall respond to such inquiries in a timely fashion.
(Ord. O-1997-53, passed 12-10-97)