Skip to code content (skip section selection)
Compare to:
CHAPTER 114:  CABLE TV RATES AND REGULATIONS
Section
Community Antenna Television Systems
   114.01   Definitions
   114.02   Contract; application
   114.03   Contract; issuance
   114.04   Service area and extension
   114.05   Stations designated
   114.06   Financial responsibility
   114.07   Indemnification, maintaining insurance, and furnishing bond
   114.08   Rates payable to city
   114.09   Subscriber rates
   114.10   Contractor’s rules and regulations
   114.11   Contractor’s office for consumer complaints
   114.12   Financial statements and records
   114.13   Transmission lines and facilities
   114.14   Emergency use of facilities
   114.15   Local origination channels; availability
   114.16   Service to public buildings
   114.17   Sale or transfer of system
   114.18   Limitation of services
   114.19   Contract; renewal
   114.20   Surrender of franchise; notice
   114.21   Necessity for contract
   114.22   FCC rules and regulations
   114.23   Severability
   114.24   Effective date
Basic Cable TV Rate Regulation
   114.35   Definitions
   114.36   Purpose; interpretation
   114.37   Rate regulations promulgated by FCC
   114.38   Filing; additional information; burden of proof
   114.39   Proprietary information
   114.40   Public notice; initial review of rates
   114.41   Tolling order
   114.42   Public notice; hearing on basic cable service rates following tolling of 30-day deadline
   114.43   Staff or consultant report; written response
   114.44   Rate decisions and orders
   114.45   Refunds; notice
   114.46   Written decisions; public notice
   114.47   Rules and regulations
   114.48   Failure to give notice
   114.49   Additional hearings
   114.50   Additional powers
   114.51   Failure to comply; remedies
   114.52   Severability
   114.53   Conflicting provisions
 
   114.99   Penalty
COMMUNITY ANTENNA TELEVISION SYSTEMS
§ 114.01  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BASIC SERVICE.  The provision by the company to television receivers of all signals of over-the-air television stations required by the Federal Communications Commission (FCC), public channels and additional channels at the option of the company.
   CITY.  The City of Reading, Michigan.
   CITY CHANNEL.  A channel on the system which is reserved for use by the city or for public access.
   CITY COUNCIL.  The Council of the City of Reading, Michigan.
   CLERK.  The City Clerk Treasurer of the City of Reading.
   COMPANY CHANNEL.  A channel on the system which is reserved for the carriage of program material originated by the company or by another person.
   CONTRACTOR.  A person to whom a contract has been issued pursuant to the provisions of this subchapter.
   FEDERAL COMMUNICATIONS COMMISSION or FCC.  The governing federal agency of that name or any successor agency created by the United States Congress.
   GROSS SUBSCRIBER REVENUES.  Includes any and all compensation or receipts derived from installation, disconnection, and reinstallation and recurring monthly service charges arising from the sale of regular monthly service to a subscriber.
   PERSON.  Any person, firm, partnership, association, corporation, company, or organization of any kind.
   REGULAR SUBSCRIBER SERVICES.  Includes the carriage of broadcast signals and FCC mandated non-broadcast services, but shall not include auxiliary services, which include but are not limited to advertising, lease channels, and pay cable.
   SUBSCRIBER.  A purchaser of any service delivered over the system to an individual dwelling unit where the service is not to be utilized in connection with a business, trade, or profession.
(1990 Code, § 25.001)  (Ord. 60, passed 8-14-1984)
§ 114.02  CONTRACT; APPLICATION.
   Any person who demonstrates to the City Council that he or she has available for his or her use, facilities, equipment, and authority to develop a cable system to transmit television and radio programs from an input point to a determined point on the premises of CATV subscribers, may file an application with the City Clerk Treasurer for contract to operate the CATV system within the city. The application shall include such information as is set forth in this subchapter, as well as such additional information as the City Council shall from time to time request.
(1990 Code, § 25.002)  (Ord. 60, passed 8-14-1984)
§ 114.03  CONTRACT; ISSUANCE.
   Upon the receipt by the Clerk Treasurer of an application signed by the applicant, complying with all of the requirements of this subchapter, the Clerk Treasurer shall forward the materials to the City Council for study. Should the Council, in its sole discretion, deem the application to be in the best interests of the city, it should direct the Clerk Treasurer to issue to the applicant a non-exclusive contract to operate a community antenna television-radio system within the city for a period of 15 years from the date of issuance of such contract. The contractor shall proceed as soon as practicable, after receipt of such contract, with the necessary work to enter into an agreement with the necessary public utilities and to provide the system called for in his or her contract.
(1990 Code, § 25.003)  (Ord. 60, passed 8-14-1984)
§ 114.04  SERVICE AREA AND EXTENSION.
   Each applicant shall, in his or her application, agree to serve the entire area encompassed by the corporate limits of the city as they exist during the term of his or her contract.
(1990 Code, § 25.004)  (Ord. 60, passed 8-14-1984)
§ 114.05  STATIONS DESIGNATED.
   Each applicant shall, with his or her application, designate all the broadcasting stations which will be carried by the system. Initial channel capacity of the applicant’s system shall be no less than 35 channels.
(1990 Code, § 25.005)  (Ord. 60, passed 8-14-1984)
§ 114.06  FINANCIAL RESPONSIBILITY.
   Each applicant shall attach to his or her application a copy of his or her “Profit and Loss Statement and Balance Sheet” covering the operation of any other CATV system of which such applicant is the owner, or in which such applicant is a stockholder for the last preceding fiscal year in the state, and shall, in addition, submit such financial statements and net worth statements as shall reasonably indicate financial responsibility of the applicant and his or her ability to provide the service required by the contract provided for in this subchapter.
(1990 Code, § 25.006)  (Ord. 60, passed 8-14-1984)
§ 114.07  INDEMNIFICATION, MAINTAINING INSURANCE, AND FURNISHING BOND.
   Each applicant shall, in his or her application, agree as follows:
   (A)   To indemnify the city for any and all liability arising out of the installation, operation, or maintenance of the cable antenna television system;
   (B)   To indemnify the city against all expenses incurred by the city in defending itself in the event that any claims are made against the city or litigation results therefrom;
   (C)   To maintain, throughout the term of its contract, liability insurance insuring the city and the company with regard to all damages for which the city and/or the company may be liable, including but not limited to damages arising from the installation, operation, maintenance, or removal of the company’s CATV system, whether or not any act or omission complained of is authorized, allowed, or prohibited by the contract provided for herein. The liability insurance referred to in this section shall be in the following amounts:
      (1)   Five hundred thousand dollars for bodily injury or death to any one person, with a limit of $1,000,000 for bodily injury or death resulting from any one accident;
      (2)   Five hundred thousand dollars for property damage resulting from any one accident; and
      (3)   Five hundred thousand dollars for all other types of liability.
   (D)   To furnish the city a bond for the faithful performance of its obligations under such contract, if awarded under this subchapter in an amount to be set by the City Council.
(1990 Code, § 25.007)  (Ord. 60, passed 8-14-1984)
§ 114.08  RATES PAYABLE TO CITY.
   The applicant shall, in his or her application, agree to pay to the city annually, commencing one year from the effective date of the contract issued hereunder and each year thereafter, 3% of his or her gross subscriber revenue derived from all cable services within the city, or $250, whichever is greater. In the event that the rules of the Federal Communications Commission presently governing such rates should be changed, the applicant shall agree to be bound by such alternative basis for assessing such rates as shall be specified in this subchapter.
(1990 Code, § 25.008)  (Ord. 60, passed 8-14-1984)
§ 114.09  SUBSCRIBER RATES.
   (A)   The rates and charges for television and radio signals distributed shall be as follows:
      (1)   Basic cable (minimum of 12 channels of programming): $9.95 per month;
      (2)   Expanded basic cable (six additional channels of programming): $3.95 per month;
      (3)   Fees for second and third television sets connected to cable: $3.50 per month per set;
      (4)   Connection fee:
         (a)   First television set connection: $28.50; and
         (b)   Second television set connection: $15.00.
      (5)   Converter deposit: $15.00 deposit by subscriber for each converter utilized, refunded to the subscriber if service is discontinued and the converter returned in good condition.
   (B)   No increase in rates charged for installation of equipment and “basic service” as specified in the preceding divisions shall be made effective except as authorized by the City Council within 90 days after notice of such increase by the contractor, and after a full, open, and public proceeding upon prior notice and opportunity of all interested parties to be heard; except that, in the event the City Council fails to approve or disapprove the rate increase within the 90-day period, such increase shall be deemed approved and shall be effective at the end of the 90-day period;
   (C)   Where an unusually difficult or abnormal installation is encountered or requested, the contractor may reserve the right to require additional charges to reasonably recover the company’s costs. Such charges may, at the subscriber’s request, be added to the subscriber’s monthly charges over a negotiable period of time.
   (D)   Rates for services other than installation of equipment and regular subscriber services shall be established by the contractor pursuant to the rules of the Federal Communications Commission.
   (E)   If, in the future, the state regulates the rates of the company for the services provided under a contract issued hereunder, those portions of this subchapter so regulated by the state shall be of no effect during such state regulation to the extent of any conflict therewith.
(1990 Code, § 25.009)  (Ord. 60, passed 8-14-1984; Ord. 60A, passed 5-26-1985)
§ 114.10  CONTRACTOR’S RULES AND REGULATIONS.
   The contractor shall file with the Clerk Treasurer copies of all rules, regulations, terms, and conditions adopted by the contractor for the conduct of its business, and shall likewise file with the Clerk Treasurer any amendments or alterations therein as made.
(1990 Code, § 25.010)  (Ord. 60, passed 8-14-1984)
§ 114.11  CONTRACTOR’S OFFICE FOR CONSUMER COMPLAINTS.
   (A)   The contractor shall maintain a regional office in the area which shall be open during the usual business hours, have a listed toll-free telephone number and be so operated that complaints and requests for repairs or adjustments may be received at any time, 24 hours per day.
   (B)   The contractor shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as is possible, shall be preceded by notice, and shall occur during the period of minimum use of the system.
   (C)   The contractor shall limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than 24 hours after receiving notice of same, except as provided herein.
   (D)   Should it be impossible or impractical to correct any malfunction within 24 hours or less, then each subscriber whose television reception is so disrupted shall receive a rebate from the contractor in the amount of one-thirtieth of such subscriber’s monthly charge for every additional 24-hour period that said subscriber’s television reception is so disrupted, unless that disruption in service was entirely beyond the contractor’s control.
   (E)   Any rebate made to any subscriber under this section, in any month, shall not exceed said subscriber’s normal monthly fee paid to the contractor.
   (F)   Complaint procedures shall be given to each new subscriber at the time of initial subscription to the CATV system. In the instance of existing subscribers, changes in complaint procedure shall be included with the next monthly billing. Further, the contractor shall, in writing, advise the City Clerk Treasurer of the procedures and personnel which shall be available for the handling of consumer complaints. The City Clerk Treasurer, or such other person as the City Council designates, shall be accorded an opportunity to review all consumer complaints and methods in which the same have been handled by the contractor.
(1990 Code, § 25.011)  (Ord. 60, passed 8-14-1984; Ord. 60A, passed 5-26-1985)
§ 114.12  FINANCIAL STATEMENTS AND RECORDS.
   The contractor, unless otherwise required hereunder, shall file with the Clerk Treasurer, annually, an unaudited statement of revenues received from the operation of CATV within the city within 90 days after the close of its fiscal year; the City Council may, however, require an audited statement of revenues received from the operation of CATV within the city for any fiscal year, the same to be provided within 90 days after the close of the fiscal year for which an audited statement is required or within 120 days after such requirement is imposed, whichever is longer. The contractor shall make his or her financial records pertaining thereto available to the city for inspection, at a place designated within the state at any reasonable time, maintaining separate records as to his or her business conducted pursuant to this contract. On demand, the contractor shall also file with the city copies of all FCC filings and reports.
(1990 Code, § 25.012)  (Ord. 60, passed 8-14-1984)
§ 114.13  TRANSMISSION LINES AND FACILITIES.
   All transmission lines and facilities will be in accordance with the rules and regulations set forth by the local public utilities and shall be as per contract with said local public utilities.
(1990 Code, § 25.013)  (Ord. 60, passed 8-14-1984)
§ 114.14  EMERGENCY USE OF FACILITIES.
   In the event of emergency or disaster, the contractor shall, upon request of the Mayor or his or her designate, make available its facilities to the city for use during such emergency or disaster.
(1990 Code, § 25.014)  (Ord. 60, passed 8-14-1984)
§ 114.15  LOCAL ORIGINATION CHANNELS; AVAILABILITY.
   (A)   The contractor shall make available such local origination channels as are required by the rules of the FCC which shall be maintained by the contractor on a non-discriminatory basis and shall further provide a character generator to provide public service announcements and announcements provided by local units of government including the local school system. Local nonprofit organizations, local units of government, and local educational institutions desiring to use this channel shall notify the City Clerk Treasurer and the City Clerk Treasurer shall notify the contractor at least 48 hours in advance of when this channel shall be in use.
   (B)   The contractor shall be permitted to use the channel capacity referred to in the preceding division (A) when the channel capacity is not being used for the purposes designated in said division (A).
(1990 Code, § 25.015)  (Ord. 60, passed 8-14-1984; Ord. 60A, passed 5-26-1985)
§ 114.16  SERVICE TO PUBLIC BUILDINGS.
   The contractor shall provide basic service to one outlet on each floor of all existing or future police and fire stations, the City Hall, library, and all public and private schools located within 300 feet of the contractor’s cables within the city without any charge therefor.
(1990 Code, § 25.016)  (Ord. 60, passed 8-14-1984)
§ 114.17  SALE OR TRANSFER OF SYSTEM.
   No contractor shall sell or otherwise transfer his or her CATV system to another without reporting such sale to the Clerk Treasurer, and obtaining the approval of the City Council of such transfer. Such approval shall not be unreasonably withheld, but the proposed transferee may be required to submit such financial information as shall establish his or her ability to maintain and operate the system in accordance with the provisions hereof. For purposes of this section, the transfer of 30% or more of the corporate stock of any contractor shall be deemed to be a transfer hereunder.
(1990 Code, § 25.017)  (Ord. 60, passed 8-14-1984)  Penalty, see § 114.99
§ 114.18  LIMITATION OF SERVICES.
   The contractor shall not be engaged directly or indirectly in the business of repairing, servicing, or selling television and radio servicing equipment.
(1990 Code, § 25.018)  (Ord. 60, passed 8-14-1984)
§ 114.19  CONTRACT; RENEWAL.
   At such time that a contract given pursuant to this subchapter expires of its own terms, any request for a renewal thereof shall be considered pursuant to the provisions of the Cable Communications Policy of 1984, being 47 U.S.C. §§ 521 et seq.
(1990 Code, § 25.019)  (Ord. 60, passed 8-14-1984; Ord. 62, passed 4-8-1986)
§ 114.20  SURRENDER OF FRANCHISE; NOTICE.
   A contractor may surrender his or her franchise at any time upon filing with the Clerk Treasurer written notice of his or her intention to do so at least six months before the surrender date. On the surrender date as specified in the notice, the city shall have the option of either requiring the contractor to remove its property from the city or to purchase the system in accordance with § 114.19.
(1990 Code, § 25.020)  (Ord. 60, passed 8-14-1984)
§ 114.21  NECESSITY FOR CONTRACT.
   No person shall own or operate a community antenna television and/or radio system in the city except by contract issued pursuant to this subchapter.
(1990 Code, § 25.021)  (Ord. 60, passed 8-14-1984)
§ 114.22  FCC RULES AND REGULATIONS.
   This subchapter is governed by and subject to all applicable rules and regulations of the Federal Communications Commission, specifically including Part 76, and by the laws of the state. Should there be any modification of the provisions of § 76.31 of the Rules and Regulations of the Federal Communications Commission which must be incorporated into the ordinance codified in this subchapter, the city and the contractor agree that such incorporation shall be accomplished within one year after the effective date of the FCC’s adoption of the modification, or upon renewal of a contract, whichever occurs first. However, the right is reserved to the city to adopt, in addition to the provisions contained in this subchapter and existing applicable ordinances, such additional ordinances as it shall find necessary in the exercise of police power; provided, that such regulations shall be reasonable and not in conflict with the laws of this state, the laws of the United States of America, or the rules of the Federal Communications Commission.
(1990 Code, § 25.022)  (Ord. 60, passed 8-14-1984)
§ 114.23  SEVERABILITY.
   If any section, division, sentence, clause, phrase, or portion of this subchapter is for any reason held invalid or unconstitutional, by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
(1990 Code, § 25.024)  (Ord. 60, passed 8-14-1984)
§ 114.24  EFFECTIVE DATE.
   The effective date of this subchapter shall be August 31, 1984 following publication.
(1990 Code, Part 25)  (Ord. 60, passed 8-14-1984)
BASIC CABLE TV RATE REGULATION
§ 114.35  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All other words and phrases used in this subchapter shall have the same meaning as defined in the Act and FCC Rules.
   ACT.  The Communications Act of 1934, being 47 U.S.C. §§ 521 et seq., as amended (and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. (10)2-385, and as may be amended from time to time
   ASSOCIATED EQUIPMENT.  All equipment and services subject to regulation pursuant to 47 C.F.R. § 76.923.
   BASIC CABLE SERVICE.  As “basic service” is defined in the FCC Rules, and any other cable television service which is subject to rate regulation by the city pursuant to the Act and the FCC Rules.
   FCC.  The Federal Communications Commission.
   FCC RULES.  All Rules of the FCC promulgated from time to time pursuant to the Act.
   INCREASE.  An INCREASE in rates or a decrease in programming or customer services.
(1990 Code, § 26.001)  (Ord. passed 10-6-1993)
§ 114.36  PURPOSE; INTERPRETATION.
   (A)   The purpose of this subchapter is to:
      (1)   Adopt regulations consistent with the Act and the FCC Rules with respect to basic cable service rate regulation; and
      (2)   Prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the city.
   (B)   This subchapter shall be implemented and interpreted consistent with the Act and FCC Rules.
(1990 Code, § 26.002)  (Ord. passed 10-6-1993)
§ 114.37  RATE REGULATIONS PROMULGATED BY FCC.
   In connection with the regulation of rates for basic cable service and associated equipment, the city shall follow all FCC Rules.
(1990 Code, § 26.003)  (Ord. passed 10-6-1993)
§ 114.38  FILING; ADDITIONAL INFORMATION; BURDEN OF PROOF.
   (A)   A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC Rules. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC Rules. The cable operator shall file ten copies of the schedule or proposed increase with the City Clerk Treasurer. For purposes of this subchapter, the filing of the cable operator shall be deemed to have been made when at least ten copies have been received by the City Clerk Treasurer. The City Council may, by resolution or otherwise, adopt rules and regulations prescribing the information, data, and calculations which must be included as part of the cable operator’s filing of the schedule of rates or a proposed increase.
   (B)   In addition to information and data required by rules and regulations of the city pursuant to division (A) above, a cable operator shall provide all information requested by the Mayor in connection with the city’s review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The Mayor may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines.
   (C)   A cable operator has the burden of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the FCC Rules, including without limitation 47 U.S.C. § 543 and 47 C.F.R. §§ 76.922 and 76.923.
(1990 Code, § 26.004)  (Ord. passed 10-6-1993)
§ 114.39  PROPRIETARY INFORMATION.
   (A)   If this subchapter, any rules or regulations adopted by the city pursuant to § 114.38(B), or any request for information pursuant to § 114.38(B) requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator 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 cable operator requests confidentiality and the request is denied, either:
      (1)   Where the cable operator 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 cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
   (B)   Any interested party may file a request to inspect material withheld as proprietary with the city. The city 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 operator that submitted the information as to the disposition of the request. It may grant, deny, or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal.
   (C)   The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the FCC regarding requests for confidentiality, including without limitation 47 C.F.R. § 0.459.
(1990 Code, § 26.005)  (Ord. passed 10-6-1993)
§ 114.40  PUBLIC NOTICE; INITIAL REVIEW OF RATES.
   Upon the filing of ten copies of the schedule of rates or the proposed increase in rates pursuant to § 114.38(A), the City Clerk Treasurer shall publish a public notice in a newspaper of general circulation in the city which shall state that: the filing has been received by the City Clerk Treasurer and (except those parts which may be withheld as proprietary) is available for public inspection and copying; and interested parties are encouraged to submit written comments on the filing to the City Clerk Treasurer not later than seven days after the public notice is published. The City Clerk Treasurer shall give notice to the cable operator of the date, time, and place of the meeting at which the City Council shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first-class mail at least three days before the meeting. In addition, if a written staff or consultant’s report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, then the City Clerk Treasurer shall mail a copy of the report by first-class mail to the cable operator at least three days before the meeting at which the City Council shall first consider the schedule of rates or the proposed increase.
(1990 Code, § 26.006)  (Ord. passed 10-6-1993)
§ 114.41  TOLLING ORDER.
   After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under § 114.38(A) unless the City Council (or other properly authorized body or official) tolls the 30-day deadline pursuant to 47 C.F.R. § 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The City Council may toll the 30-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
(1990 Code, § 26.007)  (Ord. passed 10-6-1993)
§ 114.42  PUBLIC NOTICE; HEARING ON BASIC CABLE SERVICE RATES FOLLOWING TOLLING OF 30-DAY DEADLINE.
   (A)   If a written order has been issued pursuant to § 114.41 and 47 C.F.R. § 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the city any additional information required or requested pursuant to § 114.38. In addition, the City Council shall hold a public hearing to consider the comments of interested parties within the additional 90-day or 150-day period, as the case may be.
   (B)   The City Clerk Treasurer shall publish a public notice of the public hearing in a newspaper of general circulation within the city which shall state:
      (1)   The date, time, and place at which the hearing shall be held;
      (2)   Interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and
      (3)   Copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the City Clerk Treasurer.
   (C)   The public notice shall be published not less than 15 days before the hearing. In addition, the City Clerk Treasurer shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
(1990 Code, § 26.008)  (Ord. passed 10-6-1993)
§ 114.43  STAFF OR CONSULTANT REPORT; WRITTEN RESPONSE.
   Following the public hearing, the Mayor shall cause a report to be prepared for the City Council which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant’s review, and other appropriate information) include a recommendation for the decision of the City Council pursuant to § 114.44. The City Clerk Treasurer shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the City Council acts under § 114.44. The cable operator may file a written response to the report with the City Clerk Treasurer. If at least ten copies of the response are filed by the cable operator with the City Clerk Treasurer within ten days after the report is mailed to the cable operator, the City Clerk Treasurer shall forward it to the City Council.
(1990 Code, § 26.009)  (Ord. passed 10-6-1993)
§ 114.44  RATE DECISIONS AND ORDERS.
   The City Council shall issue a written order, by resolution or otherwise, which in whole or in part approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the City Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 C.F.R. § 76.933. The order specified in this section shall be issued within 90 days of the tolling order under § 114.41 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 114.41 in all cases involving a cost-of-service showing.
(1990 Code, § 26.010)  (Ord. passed 10-6-1993)
§ 114.45  REFUNDS; NOTICE.
   The City Council may order a refund to subscribers as provided in 47 C.F.R. § 76.942. Before the City Council orders any refund to subscribers, the City Clerk Treasurer shall give at least seven days’ written notice to the cable operator by first-class mail of the date, time, and place at which the City Council shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for the purpose of submitting comments to the City Council.
(1990 Code, § 26.011)  (Ord. passed 10-6-1993)
§ 114.46  WRITTEN DECISIONS; PUBLIC NOTICE.
   Any order of the City Council pursuant to § 114.44 or § 144.45 shall be in writing, shall be effective upon adoption by the City Council, and shall be deemed released to the public upon adoption. The Clerk Treasurer shall publish a public notice of any such written order in a newspaper of general circulation within the city which shall summarize the written decision; and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk Treasurer. In addition, the City Clerk Treasurer shall mail a copy of the text of the written decision to the cable operator by first-class mail.
(1990 Code, § 26.012)  (Ord. passed 10-6-1993)
Loading...