(a) The Village hereby adopts and shall follow the rules relating to cable rate regulations promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. Prior to approving or disapproving any rates, the Village shall provide an opportunity for consideration of the views of interested parties.
(b) Upon adoption of this chapter, the Clerk-Treasurer will send to the Cable Operator and each operator of a cable television system in the Village, via Certified Mail, Return Receipt Requested, a written notice, which shall include a copy of this chapter and notice that the Village is certified by the FCC to regulate the cable television rates authorized by the chapter.
(c) Within thirty days after receipt of the aforesaid notice, the Cable Operator and any other cable television operator shall have thirty 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 standards, the rates will be effective thirty days after submission.
(2) If the Village 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 or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the Village 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 Village may take an additional ninety days if it needs more time to ensure that a rate is within the FCC's rate standards.
B. The Village 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 Village through its Solicitor or his designee, will issue a brief written decision regarding the Village's invocation of the additional time period.
(3) In all cases, the Village 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 and refunds to cable subscribers ordered by the Village pursuant to applicable FCC regulations.
(d) After the initial rate schedule procedures are followed, as described in this section, the Cable Operator and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to the basic cable service, conform to the standards of the FCC. Before any rate change is effective, the Cable Operator and/or any other cable operator shall notify the Village of its requested rate change by giving the Village thirty days advance written notice before the change is effective and by providing the Village with its rates and applicable information pursuant to FCC regulations.
(e) To the extent specifically permitted by federal law and applicable FCC rules, the Cable Operator and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the Village.
(Ord. 94-06. Passed 4-19-94.)