The provisions of this section shall apply only to a franchisee who has made reference to this section and incorporated the provisions hereof by reference in its application for the franchise.
Except as hereinafter provided, or as otherwise expressly authorized by this chapter, a franchisee shall not, in its rates or charges, or in making available the services or facilities of its cable television system, or in its rules or regulations, or in any other respect, make or grant preference or advantages to any subscriber or user with respect to basic service; and such services shall be offered upon terms and conditions which are not discriminatory. A franchisee may offer or make the following distinctions with respect to the terms or conditions of basic service.
A. Rates and charges associated with basic service offered within a proposed service area and, except as provided by Sections 5.28.1030 and 5.28.1040 of this chapter, outside of a service area, may differ from those associated with basic service offered within an imposed service area and may differ from one proposed service area to another. Any such differences in rates and charges between an imposed service area and proposed service areas or among proposed service areas shall be specifically identified in the application pursuant to Section 5.28.1600 of this chapter, and in the absence of such identification rates and charges set forth in the application shall apply uniformly within all service areas.
B. Rates and charges associated with basic service offered outside of a service area shall, except as otherwise provided by Sections 5.28.1030 and 5.28.1040 of this chapter, be subject to review and approval by the board of directors of the cable television commission pursuant to the provisions of Section 5.28.1150 of this chapter.
C. Within a service area, a franchisee may generally or within limited geographical areas offer, on a limited term basis, reduced rates or charges as part of a promotional campaign to stimulate subscriptions. The monthly subscription or service rate or charge for basic service shall not be eliminated or reduced for a period longer than ninety (90) calendar days during any thirty-six (36) month period for any particular occupant of the same dwelling unit, including both single-family and multiple-family dwelling units.
D. A franchisee may, in connection with the provision of basic service to commercial uses, as the terms "commercial uses" are defined by Section 5.28.1600 of this chapter, establish charges for installation or connection (exclusive of deposits) which are either higher or lower than amounts stated in its application, or as permissibly adjusted pursuant to the provisions of Section 5.28.1620 of this chapter. The amount of any such variance in such rates and charges shall be predicated upon and limited to differences in costs incurred for installation or connection with respect to particular commercial uses in relation to those estimated as set forth in the application. The sole purpose of this subsection is to permit variances in connection or installation charges for particular commercial uses based upon the circumstances specially applicable to any individual commercial use, in view of the impracticality of estimating connection or installation costs for commercial uses at the time an application is filed.
E. A franchisee may grant preferential rates or charges to hospitals, rest homes and prisons or detention facilities.
F. With advance approval by the commission a franchisee may grant preferential rates or charges for services to the elderly, the handicapped, or the economically disadvantaged.
G. A franchisee may require residential subscribers to pay for each month of basic service in advance at the beginning of each month. Service shall not be terminated for delinquency in making a monthly advance payment earlier than fifteen (15) calendar days following the date upon which the advance payment is due, and monthly statements to subscribers shall provide notice of the franchisee's policy respecting termination of service for delinquency in making advance payments. With the foregoing exception, and except as otherwise expressly authorized by this chapter, a franchisee shall not, without advance approval by the commission, require any other advance payment or deposit of any kind with respect to the provision of basic service to subscribers.
The authority vested in the cable television commission by this section shall be exercised by the board of directors of the commission after public hearings conducted by the board or an advisory committee which it designates, notice of which is given in the manner prescribed by Section 5.28.080 of this chapter. The determinations by the board of directors shall be final, binding, conclusive and not subject to review or reversal by any authority. (Prior code § 20.07.624)