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§ 113.03 PROVISION GENERALLY APPLICABLE TO RATE ORDERS.
   (A)   Any rate order of the City Council shall be issued and effective upon adoption. Each rate order shall be released to the public and the franchisee. In any case where the City Council approves, denies or tolls a rate; orders that a rate may go into effect subject to refund; or orders refunds or establishes rates, a public notice shall be published stating that the order has issued and is available for review. Any such order shall be in writing.
   (B)   The City Council may take any steps that it is not prohibited from taking by federal law to protect the public interest as part of any rate order or by any other means. By way of illustration and not limitation, it may require refunds, set rates and impose forfeitures and penalties directly or through its delegated representatives and enforce refund orders. Any order prescribing a rate must explain why the franchisee’s proposed rate was unreasonable and why the prescribed rate is reasonable. However, before prescribing a rate or ordering a refund to subscribers, the City Council shall ensure the franchisee has had notice and opportunity to comment on the proposed rate or refunds. If the recommendations of the C.R.C. propose a refund or a rate, then mailing a copy of the recommendation to the franchisee at the time it is submitted to City Council shall be deemed to provide the franchisee this notice and the franchisee must comment on the refund or rate in its response to the recommendations.
   (C)   No order approving or setting a rate using the FCC benchmarks shall be interpreted to establish the just and reasonable rate to subscribers. Every such rate approved or established shall be subject to further reduction and refund to the extent permitted under applicable laws and regulations, as the same may be amended from time to time. By way of illustration and not limitation, should the FCC reduce the benchmarks, the city shall have the right to reduce a franchisee’s rates and to require the franchisee to refund any amounts collected above the benchmark, except to the extent prohibited by federal law.
(Prior Code KOC, § 610.4, passed 11-1-1993)
§ 113.04 FRANCHISEE DUTIES.
   (A)   A franchisee must implement remedial requirements, including prospective rate reductions and refunds, within 60 days of the date the City Council issues an order mandating a remedy.
   (B)   Within 90 days of the date an order mandating a remedy is issued, a franchisee must file a certification, signed by an authorized representative of the cable company stating:
      (1)   Whether the franchisee has complied fully with all provisions of the City Council’s order;
      (2)   Describing in detail the precise measures taken to implement the City Council’s order; and
      (3)   Showing how refunds (including interest) were calculated and distributed.
   (C)   It is each franchisees’ responsibility to keep books and records of account so that it can refund any amounts owed to subscribers.
   (D)   It is each franchisees’ duty to submit as complete a filing as possible, and knowingly withholding information or making a filing that is incomplete under applicable law shall be treated as an evasion of this chapter.
   (E)   Information requests records of revenues or expenses that are allocated to the franchisee’s system must respond to requests for information from the city by deadlines established by the city. A franchisee is:
      (1)   A franchisee and any other entity that has responsible for ensuring that such other entity responds to the city’s requests.
      (2)   Because federal law limits the time available for an initial response to a filing by a franchisee, before the order contemplated by § 113.02(B) issues, the franchisee must be prepared to respond to requests for information regarding its filing within 5 days of the date an information request is mailed to it. The information may include the information the franchisee would be required to provide as part of any supplementary filing.
(Prior Code KOC, § 610.4, passed 11-1-1993)
§ 113.05 DUTIES OF CABLE RATE COMMISSION.
   (A)   The C.R.C. shall be responsible for administering the provisions herein.
   (B)   Without limitation and by way of illustration:
      (1)   C.R.C. shall ensure notices are given to the public and each franchisee as required herein and by FCC regulations.
      (2)   C.R.C. may submit requests for information to the franchisee and establish deadlines for response to them, as provided in § 113.04.
      (3)   For good cause, the C.R.C. may waive any provision herein or extend any deadline for filing or response except as to such matters that are mandatory under FCC regulations.
      (4)   C.R.C. shall rule on any request for confidentiality.
      (5)   C.R.C. shall prepare the recommendations to the City Council contemplated by § 113.02(B) and (C). If the C.R.C. recommends that any increase be denied in whole or in part, it shall:
         (a)   Propose a rate and explain the basis for its recommendation (it may propose that rates remain at existing levels); and
         (b)   Recommend whether and on what basis refunds should issue; and
         (c)   Notify the franchisee of its recommendation at the time it is submitted to the Council.
(Prior Code KOC, § 610.4, passed 11-1-1993)
§ 113.06 PENALTIES AND FORFEITURES.
   Except as prohibited by federal law, a franchisee shall remain subject to penalties and forfeitures under the city’s Ord. 1982-1, which originally granted the franchise, and its request for approval of a rate may be denied if it:
   (A)   Knowingly submits false or fraudulent information to the city in connection with any rate proceeding;
   (B)   Fails to comply with any lawful order or request of the city, including, but not limited to a request for information or an order setting rates; or
   (C)   Evades or attempts to evade federal or local rate regulation; provided that, filing for approval of a rate that is later determined to be unreasonable is not in and of itself an evasion of federal or local rate regulation.
(Prior Code KOC, § 610.4, passed 11-1-1993)
§ 113.07 PROPRIETARY INFORMATION.
   (A)   If these provisions, or any request for information requires the production of proprietary information, the franchisee must produce the information. However, at the time the allegedly proprietary information is submitted, a franchisee may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the city determines that the preponderance of the evidence shows that non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552. The city shall place in a public file for inspection any decision that results in information being withheld. If the franchisee requests confidentiality and the request is denied, (1) where the franchisee is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or (2) the franchisee may seek review within 5 working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
   (B)   (1)   Any interested party may file a request in inspect material withheld as proprietary with the C.R.C.
      (2)   The C.R.C. shall weigh the policy considerations favoring non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable franchisee that submitted the information as to the disposition of the request.
      (3)   It may grant, deny or condition a request. The requesting party or the franchisee may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
(Prior Code KOC, § 610.4, passed 11-1-1993)
§ 113.08 EFFECTIVE DATE.
   This chapter shall become effective upon its passage and publication as required by law.
(Prior Code KOC, § 610.4, passed 11-1-1993)
UTILITIES
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