(A) If a proposed rate is tolled in whole or in part, the franchisee shall submit a supplementary filing twenty (20) days from the effective date of the tolling order, containing corrections, if any, to its filing (including any required supplement to its cost of service filing) and any response to information filed by interested parties or to the recommendations of the staff, or any additional information necessary to support the proposed rate. Supplementary filings must be filed in accordance with § 114.02.
(B) A supplementary filing must also contain such information as the city directs the franchisee to provide.
(C) In addition to information the city requires the franchisee to provide, and unless the city grants a waiver of this provision, a franchisee who claims that it is entitled to a rate is whole or in part based upon the adjustments for inflation and external costs contemplated by 47 C.F.R. Section 76.922(d)(1)-(2) must submit the following:
(1) A calculation showing how each part of the adjustment was derived.
(2) A statement itemizing each external cost (as defined by FCC regulations), the amount of that external costs for the two calendar years prior to the date of the filing and the year-to-date external cost for the remainder of the year in which the filing is made and for the following calendar year. The statement must specifically show any increases in revenues from programming services. "Revenues" include all revenues, in whatever form received.
(3) If the increase is attributable to any increase in programming service costs, the contract for each programming service whose cost has increased; a sworn statement identifying each programming service whose costs increased where the programmer is an affiliate of the franchisee (as defined by FCC regulations); and, for any contract that has been in effect less than 12 months, the prior contract for the service.
(4) A sworn statement by the franchisee's chief financial officer or an independent, certified accountant stating that he has examined all external costs (including all programming costs) and has offset against any increase claimed, the amount of any decreases in external costs, and the amount by which any increase is external costs was below the GNP-PI, as required by 47 C.F.R. Section 76.922(d)(2); affirming that the franchisee has only sought to recover any external cost to the extent that cost exceeded the GNP-PI; and affirming that the franchisee has not attempted to recover any increase in the cost of programming purchased by the affiliate except as provided in 47 C.F.R. Section 76.922(d)(2)(vi).
(D) Upon receiving the supplementary filing, the City Clerk promptly shall publish a notice that a filing has been received and that it is available for public review (except those parts which may be withheld as proprietary). The notice shall state that interested parties may comment on the filing, and shall provide interested parties twenty (20) days to submit written comments on the filing to the City Clerk. The City Clerk shall submit the comments received and its recommendations for action and the City Council no later than thirty (30) days prior to the date the City Council must act on the tolling order.
(E) The recommendations shall be made available for public inspection. The franchisee may submit a response to public comments or staff recommendations, but must do so no later than ten (10) days after the staff recommendations are submitted to the City Council. The response shall be filed with the City Clerk, and if submitted in a timely fashion, the City Clerk shall forward a copy to the City Council.
(F) The City Council shall issue a written order, which may be in any lawful form, approving the proposed rate in whole or in part; denying the proposed rate in whole or in part; or allowing the rate to go into effect in whole or in part, subject to refund. If the City Council issues an order allowing the rates to go into effect subject to refund, it shall also direct the franchisee to maintain an accounting in accordance with 47 C.F.R. Section 76.933.
(G) The order specified above shall be adopted within ninety (90) days after the tolling order for any rate the franchisee justifies based on the FCC benchmark. The order shall be adopted within one hundred fifty (150) days of the tolling order for any rate the franchisee justified with a cost of service showing.
(Ord. 93-25, passed - - )