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. Grantee may establish a non-uniform rate structure for cable services for which rates are deregulated under Federal law. Pursuant to Federal law, the City reserves the right to assume regulation of rates paid by cable subscribers; such rate regulation shall be performed by the North Liberty Telecommunications 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). The City 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 City, the following shall apply:
A. The City shall notify the grantee of City’s FCC certification and of City’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. Before any proposed adjustment to basic service rates, grantee shall, within 30 days before such proposed rate increase becomes effective, submit for review its basic service, installation, and equipment rates and supporting documentation using the applicable FCC calculations and forms.
2. Proprietary Information. To aid in the evaluation of the grantee’s proposed rates, the North Liberty Telecommunications 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 Telecommunications Commission may recommend to the Council that the grantee refund to subscribers that portion of previously paid rates which have been found to be unreasonable. Before recommending that the grantee refund previously paid rates to subscribers, the Telecommunications Commission must give the grantee notice and opportunity to comment.
4. Basic Service Rate Increases and Equipment Charges. 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 his/her service completely 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 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 complete 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. Grantee may charge reasonable charges for service downgrades.
6. Subscriber Complaints. Subscribers may file complaints with the City regarding a grantee’s expanded tier rates that are subject to regulation by the FCC by submitting written comments to the Clerk’s office. Such complaints must be received within 90 days after the effective date of the new rate.