(A) The village hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R. part 76, 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 subchapter, the Village Clerk-Treasurer will send to the grantee 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 subchapter and notice that the subchapter is certified by the FCC to regulate the cable television rates authorized by the subchapter.
(C) Within 30 days after receipt of the aforesaid notice, the grantee and any other cable television operator shall have 30 days to file its rate schedule and justification for rates for the basic service tier and associated equipment using the appropriate official FCC forms.
(1) If the existing rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective 30 days after submission.
(2) Except in the case of a FCC Form 1240 - Annual Update Form filing (which is subject to division (C)(3) below), 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 grantee 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 90 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 must issue a brief written decision regarding its invocation of the additional time period. This written decision shall be prepared by the Village Administrator or his or her designee.
(d) If the village has availed itself of additional time under divisions (C)(2)(a) or (C)(2)(b) above and is still unable to determine if the rate at issue is within the FCC’s standards, then it may preserve its right to rule, and order a refund if necessary, by issuing a brief order directing the grantee, or any other cable operator in the village, to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. Such order shall be issued by the Village Administrator, or his or her designee.
(3) Where the grantee, or any other cable operator, files an FCC Form 1240 - Annual Update Form, the filing must be made at least 90 days before a rate change is to be implemented and the village shall have 90 days from the date of the filing to review it.
(a) If the village is unable to determine whether the rate at issue is within the FCC’s standards during the 90-day review period and has taken no action, then the proposed rate(s) may go into effect at the end of the review period, subject to a prospective rate reduction and a refund of all amounts received by reason of the rate in issue if the village issues a written decision disapproving any portion of such rates within 12 months of the form’s filing date.
(b) If the grantee, or any other cable operator in the village inquires in writing during the review period as to whether the village intends to issue a rate order after the review period, the village must notify the operator of its intent in this regard within 15 days of receipt of such written inquiry in order for the village to preserve its right to order a prospective rate reduction and refund.
(4) The village may issue a written decision to approve a rate schedule, but in all cases in which a rate schedule is being disapproved, a written decision shall be issued by the village.
(5) If rates are in excess of the FCC’s standards, the rates may be reduced and/or refunds may be ordered by the village pursuant to applicable FCC regulations.
(D) After the initial rate schedule procedures are followed, as described in this section, the grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, the grantee and/or any other cable operator shall notify the village of its requested rate change by giving the village at least 30 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 grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the village.
(Ord. 1304-03, passed 8-25-2003)