A. Schedule Of Rates And Charges: Franchisee shall at all times maintain on file with the city clerk-treasurer a schedule setting forth all rates and charges to be made to subscribers for basic cable service, including installation charges. If residential subscriber contracts are used, a copy showing the terms shall also be filed with the clerk-treasurer.
B. Regulation Of Rates And Charges; Procedure: During the term of the franchise, the city may regulate rates only if authorized to do so by federal communications commission regulations and then such regulation shall only be in accordance with the provisions of such regulations. In the event that the city has authority to regulate rates, the following procedures shall be used:
1. Before making any changes in the rates and charges to subscribers for basic cable service, franchisee shall file in writing with the city clerk-treasurer a new proposed rate change at least thirty (30) days in advance of the proposed effective date for such rate change. If the city takes no action to set the proposed rate change for hearing, said proposed rate change shall become effective upon the expiration of the thirty (30) day notice period.
2. If the council wishes to hold a hearing on the proposed rate increase, the hearing shall be held within forty five (45) days of the filing of the proposed rate increase by franchisee. Following the hearing, the council shall take final action on the proposed increase within thirty (30) days.
C. Increases: Any rate subject to regulation under the above provisions may be increased without the approval of the city, at the discretion of franchisee, by an amount not to exceed five percent (5%) per calendar year. In addition, franchisee shall have the right to pass along to subscribers state and local sales taxes, programming cost increases and copyright fee increases.
D. Rate Discrimination Prohibited: The franchisee shall not discriminate in rates between customers of the same category except to the extent permitted by the cable communications policy act of 1984 and federal communications commission regulations.
E. Advance Payment: The monthly rate set forth in subsection A of this section shall be payable in advance. (Ord. 115, 4-10-1990)