(A) Rates and charges may not be changed by a franchisee except after a minimum of sixty (60) days prior notice to the city and the subscribers.
(B) Where consistent with federal law and when a franchisee is advised by the city that it is subject to rate regulation, the rates subject to regulation by the city may not be changed except according to the following procedures:
(1) At least sixty (60) days prior to the requested rate increase the franchisee shall notify the city of the amount of the increase it desires and provide support and justification for the increase in accordance with Article II of this chapter.
(2) The city shall establish a hearing date at which the Council shall consider the proposed rate increase. The franchisee shall give notice to its subscribers of:
(a) The amount of the rate increase;
(b) The time, date and place of the hearing; and
(c) The manner by which persons may make written comments or appear before the Council.
The notice shall be given in writing to each subscriber not less than fourteen (14) days prior to the date of the hearing. The city may also require that the franchisee air notices over the cable system.
(3) At the public hearing, members of the public and the franchisee shall be permitted to make arguments and provide comments. The Council shall also consider any written comments which may have been submitted. Following the public hearing, the Council shall either approve or disapprove the rate increase sought or it may approve an increase less than that sought by the franchisee. In considering a proposed rate increase, the Council may take into consideration factors such as the cost of investment capital, rates of return on other businesses, the efficiency of the franchisee's operation, and the adequacy, reliability and quality of the service provided by the franchisee. The franchisee must follow the additional rate regulations as set out in Article II of this chapter.
(Ord. 90-11-15, passed 11-15-90)