The Village shall have authority to establish maximum rates for all services provided by the operator; and such rates shall be fair, just and reasonable. Such authority shall be exercised as set forth below. Notwithstanding the above, the Village shall not exercise such authority until such time as the operator has achieved a penetration level of seventy percent (70%). "Penetration level" as used herein means the number of subscribers to the operator's service divided by the number of households passed by the cable system.
(a) Any operator wishing to establish or change any basic service rates shall file a written proposal for such rate change with the Administrator and the Clerk of Council. The proposal shall contain a schedule of the current rates and the proposed rates with an affidavit stating the reasons the operator believes such change is necessary and in the public interest.
(1) The proposed maximum rates shall become effective, as filed, unless otherwise ordered by Council within ninety days of the filing of the written proposal with the Administrator and Clerk of Council.
(2) The schedule of basic service rates filed by the operator as set forth in subsection (a)(1) hereof shall contain the following:
A. A maximum installation charge for the first television set and maximum charge for each additional television set on the same premises.
B. A maximum charge for basic monthly service for the first television set and a maximum charge for each additional television set on the premises.
C. The maximum disconnection-reconnection charge related to the temporary suspension of service requested by a subscriber shall be no more than the monthly service charge.
D. A maximum reconnection charge if service has been terminated by the operator for nonpayment of fees.
E. The installation charge shall be personal to the individual subscriber and upon removal to another location within the Village; the maximum reconnection charge shall be no more than the monthly charge for service.
(b) The operator shall file rates for all ancillary services with the Administrator and the Clerk of Council. Such rates shall be effective upon filing. Optional services of a noncontinuous nature, such as individual movies, sporting events, educational programs, etc., may have variable rates and are exempt from filing requirements.
(c) Council may, at any time, upon its own motion or at the request of the Administrator, investigate and modify the basic service rates charged by any operator upon a showing that the operator is earning excessive profit as a result of such rates.
(d) No operator shall charge subscribers rates in excess of the filed rates for any service.
(e) The operator, except for the services specified in subsection (b) hereof, need not file or seek approval of subscriber service rates for the following:
(1) Subscribers with a density of less than thirteen potential subscribers per line quarter mile that are not contiguous to a main or lateral cable before the enactment of this chapter.
(2) Subscribers served by underground power and telephone utilities who are not contiguous to a main or lateral cable before the enactment of this chapter.
(Ord. 5-80. Passed 5-12-80; Ord. 14-2021. Passed 6-14-21.)