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The Grantor shall exercise regulatory authority under the provisions of this chapter, the Act, and applicable law. If the franchise area served by the cable system also serves other contiguous or neighboring communities, Grantor may, at its sole option, participate in a joint regulatory agency, with delegated responsibility in the area of cable and related communications.
The Grantor, acting alone or acting jointly with other Grantors, may exercise or delegate the following regulatory responsibility:
1.
Administering and enforcing the provisions of the cable communications system franchise(s),
2.
Coordinating the operation of public, educational and government (PEG) access channel and facilities,
3.
Providing technical, programming and operational support to public agency users, such as government departments, schools and health care institutions,
4.
Establishing jointly with the Grantee, or as otherwise specified in the franchise agreement, procedures and standards for use of channels dedicated to public use and sharing of public facilities, if provided for in any franchise agreement,
5.
Planning expansion and growth of public benefit cable services,
6.
Analyzing the possibility of integrating cable communications with other local, State or national telecommunications networks,
7.
Formulating and recommending long-range telecommunications policy.
If so specified in the franchise agreement, the Grantor may utilize a portion of the cable communication system capacity and associated facilities and resources to develop and provide noncommercial cable services that will be in the public interest. In furtherance of this purpose, the Grantor may establish a commission, public corporation, or other entity to receive and allocate PEG and institutional network facilities, support funds and other considerations provided by the Grantor, the Grantee, and/or others. Such an entity, if established, may be delegated the following responsibilities:
1.
Receive and utilize or reallocate for utilization, channel capacity, facilities, funding and other support provided specifically for PEG and institutional network usage of the cable communications system.
2.
Establish, jointly with the Grantee, operational procedures and guidelines for PEG and institutional network usage.
3.
Review the status and progress of each service developed for public benefit.
4.
Reallocate resources jointly with the Grantee on a periodic basis to conform with changing priorities and public needs.
5.
Report to the Grantor and the Grantee annually on the utilization of resources, the new public services developed and the benefits achieved for the Grantor and its residents.
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 Grantor reserves the right to assume regulation of rates paid by cable subscribers; such rate regulation shall be performed by the Mount Vernon Cable Commission as advisory to the Council in accordance with FCC Rules and Regulations “Part 76; Subpart N.” As specified by the FCC’s Rules (Part 76, Subpart N), such rate regulation shall cover basic service rates and customer premises installations and equipment rates (including charges for, but not be limited to: converter boxes, remote control units, connections for additional television receivers and other cable home wiring). Grantor reserves the right to further regulate rates pursuant to any additional powers granted it by either the FCC or Federal or State law.
1.
Rate Regulatory Procedures. In the event that rate regulatory powers are assumed by Grantor, the following shall apply:
A.
The Grantor shall notify the Grantee of Grantor’s FCC certification and of Grantor’s adoption of rate regulations which are consistent with the FCC regulations and which provide for a reasonable opportunity for consideration of the views of interested parties.
B.
Upon receipt of such notification by Grantee, basic service regulation shall become effective. Grantee shall be prohibited from raising basic service rates without the approval of the Cable Commission, and Grantee shall, within thirty (30) days, submit for review its basic service, installation and equipment rates and supporting documentation using either the FCC’s benchmark calculations or the FCC’s cost-of- service standards.
2.
Proprietary Information. To aid in the evaluation of the Grantee’s proposed rates, the Cable Commission may require the production of proprietary information, and in such cases will apply procedures analogous to those set forth in FCC regulations (47 C.F.R. Sec, 0.459), and consistent with Federal and State law.
3.
Refunds. As specified in the FCC regulations, the Cable Commission may order the Grantee to refund to subscribers that portion of previously paid rates which have been found to be unreasonable. Before ordering the Grantee to refund previously paid rates to subscribers, the Cable Commission must give the Grantee notice and opportunity to comment.
4.
Basic Service Rate increases and Equipment Charges. Subject to FCC rules, the Grantee shall not file for increases in equipment charges and/or basic service rates more than once per year. All subsequent requests by the Grantee for increases in equipment changes and/or Basic Service rates shall be subject to the procedures outlined in this section.
5.
Service Disconnection. A subscriber shall have the right to have its service disconnected without charge, which shall include the removal of any equipment owned by the Grantee from the subscriber’s residence. Such disconnection shall be made as soon as practicable and in no case later than thirty (30) days following written notice to the Grantee of same. No Grantee shall enter into any agreement with a subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges shall be no greater than charges for new customers. This section shall not prevent a Grantee from refusing service to any person because of the Grantee’s prior accounts with that person which remain due and owing.
At Grantor’s sole option, within ninety (90) days of the first anniversary of the effective date of each franchise, and each year thereafter throughout the term of the franchise, the Grantor may hold a public hearing at which the Grantee shall be present and shall participate to review the performance and quality of service of the cable system. The report required in this chapter regarding subscriber complaints, the records of performance tests and the opinion survey reports shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.
1.
Performance Report. Within thirty (30) days after the conclusion of the public hearing, Grantor shall issue a report with respect to the adequacy of system performance and quality of service. If inadequacies are found, Grantor may direct Grantee to correct the inadequacies within a reasonable period of time.
2.
Breach Upon Failure to Cure. Failure of Grantee, after due notice, to correct the inadequacies, shall be considered a breach of the franchise, and Grantor may, at its sole discretion, exercise any remedy within the scope of this chapter considered appropriate.
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