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§ 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
§ 113.20 SCOPE.
   There is hereby created a franchise for the erection of poles and for stringing, laying and maintaining overhead and underground wires and cables for the transmission, distribution and sale of electricity together with all appurtenant facilities and equipment and for installing, laying and maintaining gas pipes for the transmission, distribution and sale of gas together with all equipment facilities and equipment in, along, under and across the public ways, roads, streets, alleys and other public places in the city; and for constructing the necessary conduits and manholes for the installation of the wires, pipes and facilities and equipment, and for selling electricity and gas by means of the facilities. The gas and electricity may be conveyed through the city and to any other town or to any portion of the county or to any other county.
(Prior Code KOC, § 450.1, passed 5-5-1975)
§ 113.21 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMPANY. The person, firm or corporation which shall become the purchaser of the franchise, or any successor or assignee of such person.
   STREETS. The public ways, roads, streets, alleys, and other public places of the city.
(Prior Code KOC, § 450.1, passed 5-5-1975)
§ 113.22 FRANCHISEE RIGHTS AND PRIVILEGES.
   The company acquiring this franchise shall have the right to erect, install and maintain poles, cables and conduits in, along, under and across and over the streets, and to install, string, lay and maintain wires thereon and thereunder together with all related facilities and equipment; for the transmission, distribution and sale of electric energy, and the company shall also have the privilege of installing, laying and maintaining gas mains and pipes, together with all related facilities and equipment in, along, under, and across the streets, and to transmit and sell gas through the pipes. The company shall also have the right to use the streets with its service and maintenance vehicles and equipment in furtherance of this franchise.
(Prior Code KOC, § 450.1, passed 5-5-1975)
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