(a) If the Staff has availed itself of the additional ninety or 150 days permitted in 47 C.F.R. § 76.933(b), whichever is applicable, then the Staff shall publish a schedule for the issuance of a recommended decision within the additional time and for the submission of comments by interested parties.
(b) Thirty days before the ninetieth day or the 150th day, whichever is applicable, the Staff shall publish a draft of its recommended decision. Interested parties will then have five business days to file comments with the Staff regarding the recommended decision.
(c) Upon the expiration of the comment period set forth in subsection (b) hereof, the record for the cable rate regulation proceeding will close. The Council will then have an opportunity to review the recommended decision and any comments or documents filed in the rate proceeding. Nothing in this subsection prohibits the Council from reviewing the Staff's draft recommended decision or documents filed with the Staff at any time.
(d) If the Council does not act upon the Staff's recommended decision by the ninetieth or the 150th day, whichever is applicable, then the recommended decision will be considered the final decision.
(e) Within the ninety or 150-day period, whichever is applicable, the Council may remand the recommended decision to the Staff for further review based on the Council's recommendations.
(f) If the period for additional review by the Staff extends beyond the applicable period specified in subsection (a) hereof, then the proposed rates will go into effect at the end of the ninety or 150-day period, whichever is applicable, or, if no new rates have been proposed, then the existing rates will remain in effect at such times. All rates allowed into effect under this subsection will remain subject to refunds in the event that the Staff subsequently issues a written decision, pursuant to 47 C.F.R. § 76.933(c), disapproving any portion of such rates.
(Ord. 93-246. Passed 12-7-93.)