(a) Services Covered. All rates associated with equipment rental and installation service charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the City in a manner provided by this section.
(b) Procedure for Establishing Initial Rates and Approving Rate Changes.
(1) The City hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. Prior to approving or disapproving any rates, the City shall provide an opportunity for consideration of the views of interested parties.
(2) Within thirty days after receipt of a notice from the City of the City's certification by the FCC to regulate rates, the provider shall have thirty days to respond with rate and benchmark information to justify its initial benchmark rate and any subsequent increases that took place leading to the rate current at the time of the City's certification utilizing the appropriate official FCC form(s).
(3) The provider shall file all rate justifications subsequent to the City's certification within the time frames provided by FCC regulations for the given type of FCC filing or cost of service showing submitted by the provider.
(4) The initial rate and/or subsequent rate increases that are determined to be within the FCC's standards may take effect pursuant to the time frames provided for in the FCC's regulations.
(5) The City shall conduct its evaluation of whether the proposed rate at issue is appropriate pursuant to FCC regulations and may avail itself of whatever additional periods of time are permitted by the FCC and are necessary to complete that evaluation.
(6) The City shall, in all cases, issue a written decision to approve the proposed rates and charges, disapprove the proposed rates and charges or continue its review pursuant to FCC regulations.
(7) If any rate and/or charge is in excess of the FCC's standards, the City may order that such rate and/or charge be reduced and the City may order a refund of the amounts collected in excess of the permitted rate pursuant to applicable FCC regulations.
(8) After the City determines that the initial rate, or current rate at the time of the City's certification, is appropriate pursuant to FCC regulations, the provider shall, in conjunction with each change in the rate and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, the provider shall notify the City of its proposed rate change pursuant to FCC regulations.
(9) To the extent specifically permitted by Federal law and applicable FCC rules, the provider may appeal to the FCC for a review of the decision of the City.
(c) Rate Consultant: Review of Rates.
(1) The City may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the City, to properly evaluate and analyze rates and charges.
(2) All costs for the review of initial rates or rate changes shall be paid by the provider upon demand of the City, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by State or Federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the City) rendered by the City or any City employees, agents, or representatives of the City.
(Ord. 1997-45. Passed 12-17-97.)