The provisions of this section shall be applicable only to a franchisee who has referred to and incorporated the provisions hereof by reference in its application for the franchise.
There shall be no charge for the provision of basic service to subscribers, whether residential or commercial, except with respect to rates and charges, if any, stated in the application for the franchise and as otherwise authorized by this section. There shall be no fee or charge to subscribers in connection with the repair or replacement of convertors, except in connection with repair or replacement required as a result of misuse or abuse of or damage to the convertor while on the premises of the subscriber without fault by the franchisee or its agents.
All rates and charges for basic service stated in the franchisee's application, including those for connection, installation, reinstatement and the monthly subscription or service charge, shall remain in effect until the date on which the franchisee makes basic service available to one hundred (100) percent of the dwelling units within each service area identified by the franchise documents for that franchise. The date on which the franchisee shall be deemed to have made basic service available to one hundred (100) percent of the dwelling units, shall be deemed to be the date on which the final order of completion is issued pursuant to the provisions of Sections 5.28.1000 or 5.28.1010 of this chapter.
Effective on the date the franchisee is deemed to have made basic service available to one hundred (100) percent of the dwelling units as prescribed above, the rates and charges for basic service stated in the franchisee's application, including those for connection, installation, reinstatement and the monthly subscription or service charge or any of them, may be increased by amounts which do not individually exceed fifty (50) percent of the increase, if any, in the consumer price index for all urban consumers published by the United States Department of Labor for the San Francisco-Oakland Bay area during the twelve (12) calendar month period ending ninety (90) days prior to the effective date of such increases. Such rates and charges for basic service shall not exceed the amounts as increased in the manner herein authorized during the twelve (12) calendar month period following the date on which the adjustments become effective.
At the conclusion of the term of the first increase as identified above, and each twelve (12) calendar months thereafter during the remainder of the term of the franchise, such rates and charges for basic service stated in the application, or any of them, may be increased in a like manner. In each instance, the increase in the amounts stated in the application shall not exceed fifty (50) percent of the increase, if any, in the consumer price index for all urban consumers published by the United States Department of Labor for the San Francisco-Oakland Bay area during the twelve (12) month period ending ninety (90) days prior to the date the increase is to become effective.
In the event a franchisee increases rates or charges pursuant to the provisions of this section less frequently than authorized by this section or in of any amounts lower than authorized by this section, the provisions of this section shall apply prospectively respecting any such increases as the limitations herein permit, and cumulative or multiple increases based upon the authorization of this section are prohibited. For example, a franchisee who elects to increase basic service rates and charges for the first time effective six months following the date on which basic service is deemed to have been made available to one hundred (100) percent of the dwelling units, rather than effective on the date that basic service is deemed to have been made available to one hundred (100) percent of the dwelling units, shall apply the consumer price index increase for the twelve (12) month period ending ninety (90) days prior to the actual effective date of the increase, rather than the date when the increase is permitted by this section to be effective, and shall not be authorized to increase rates thereafter until the end of a twelve (12) month period following the actual date of the increase, rather than the date when the increase was permitted by this section to become effective. A potential increase lost by failure to increase rates as authorized by this section, may not be recaptured through its addition to future rate increases authorized hereby. If certain types of basic service rates are increased effective on a particular date and others are not, though they might have been, the rates not increased may be individually increased at any time without waiting for expiration of the twelve (12) month period applicable to the types of rates actually increased.
No increase in rates or charges pursuant to this section shall become effective until the expiration of thirty (30) days following the date on which written notice showing the types of rates or charges to be increased, the amount of the increase, the consumer price index increase upon which the rate or charge increase is predicated, and the date on which such rates or charges were last increased is mailed to all existing subscribers of the franchisee who would be affected thereby and filed with the clerk of the board of directors of the cable television commission. (Prior code § 20.07.622)