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(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 § 65.003(B).
(B) A supplementary filing also must 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, in whole or in part, based upon the adjustments for inflation and external costs contemplated by 47 CFR § 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 in FCC regulations), the amount of that external cost for the two (2) calendar years prior to the date of the filing and the y ear-to-date in which the filing is made; and the projected amount of the 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 twelve (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 or she 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 in external costs was below the GNP-PI, as required by 47 CFR § 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 an affiliate except as provided in 47 CFR § 76.922(d)(2)(vi).
(D) Upon receiving the supplementary filing, the City Manager shall promptly 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 Manager. The City Manager shall submit the comments received no later than thirty (30) days prior to the date the Board of Commissioners must act under subsection (G).
(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 Board of Commissioners. The response shall be filed with the City Manager, and, if submitted in a timely fashion, the City Manager shall forward a copy to the Board of Commissioners.
(F) The Board of Commissioners 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 Board of Commissioners 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 CFR § 76.933.
(G) The order specified in subsection (E) 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. 93-44, passed 9-19-93)
Public records, see Ch. 27
Penalties; forfeitures, see § 65.999