Loading...
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.
To provide for technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable system, and to achieve a continuing, advanced modern system, the following system and services review procedures are hereby established:
1.
At Grantor’s sole option, the Grantor may hold a public hearing on or about the third anniversary date of the franchise agreement at which the Grantee shall be present and shall participate, to review the cable communication system and service. Subsequent system and services review hearing may be scheduled by the Grantor each three (3) years thereafter.
2.
Sixty (60) days prior to the scheduled system and service review hearing, Grantee shall submit a report to Grantor indicating the following:
A.
All cable system services reported in cable industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the State of Iowa with comparable populations, that are not provided to the Grantor.
B.
Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the franchise area.
3.
Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, developments in the law, and regulatory constraints.
4.
Either the Grantor or the Grantee may select additional topics for discussion at any review hearing.
Within one hundred twenty (120) days after the close of Grantee’s fiscal year, the Grantee may be required to submit a written annual report, in a form requested by the Grantor, including, but not limited to, the following information:
1.
A summary of the previous year’s (or, in the case of the initial report year, the initial year’s) activities in development of the cable system, including, but not limited to, services begun or discontinued during the reporting year, and the number of subscribers for each class of service.
2.
A revenue statement, audited by an independent certified public accountant, or certified by an officer of the Grantee;
3.
A statement of projected construction, if any, for the next two (2) years;
4.
A list of Grantee’s officers, members of its council of directors, and other principals of Grantee;
5.
A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Grantee and its parent, subsidiary and affiliated corporations and other entities, if any, unless the parent is a public corporation whose annual reports are publicly available.
At the Grantor’s request, Grantee shall submit to the Grantor an annual system survey report which shall be a survey of the Grantee’s plans and a report thereon. Said report shall include, but not be limited to, a description and “as-built” maps of the portions of the franchise area that have been cabled and have all services available, an appropriate engineering test report or evaluation including suitable electronic measurements conducted in conformity with such requirements. Said report shall be in sufficient detail to enable the Grantor to ascertain that the service requirements and technical standards of the franchise are achieved and maintained.
An accurate and comprehensive file shall be kept by the Grantee of any and all complaints regarding the cable system. A procedure shall be established by the Grantee by the time of installation of the cable system to remedy complaints quickly and reasonably to the satisfaction of the Grantor. Complete records of Grantee’s actions in response to all complaints shall be kept.
1.
A summary of service requests, identifying the number and nature of the requests and their disposition, upon Grantor request, shall be completed for each month and submitted to the Grantor by the tenth (10
th
) day of the succeeding month.
2.
A log and summary of all major service outages.
3.
If requested by the Grantor, the results of an annual opinion survey report which identifies satisfaction or dissatisfaction among subscribers with cable communications services offered by the Grantee, shall be submitted to the Grantor no later than two (2) months after the end of Grantee’s fiscal year. The survey required to make said report shall be in a form that can be transmitted to subscribers with one (1) or more bills for service, such as postage-paid, self-addressed post cards. At the Grantor’s option and expense, the Grantor may prepare the survey form and request its inclusion with a monthly bill to subscribers. The survey shall request only information over which Grantor has lawful jurisdiction.
Loading...