(a) Rate Charge and Rate Schedule.
(1) Each franchisee shall in accordance with the provisions of the Cable Act and the applicable FCC regulations provide information as to its monthly rates, installation and all other charges, including but not limited to equipment fees, late fees, and other administrative charges, if any.
(2) A franchisee shall give subscribers at least 30 days' notice of its intention to change monthly rates, equipment charges, and installation charges by mailing notices thereof to each of the current subscribers to whom such charges will apply. The franchisee shall give the Borough Manager or his or her designee 30 days' advance notice of any rate change.
(3) The franchisee shall not, as to rates, charges, services, or facilities make or grant any undue privilege or advantage to any party, nor subject any party to undue prejudice or disadvantage, provided that the franchisee may establish reasonable classifications of customers. In accordance with Section 623(e) of the Cable Act, 47 USC 543(e), nothing in this chapter prohibits the reduction or waiver of charges in connection with temporary promotional campaigns or providing a senior citizen discount, provided the same waivers are provided to all similarly situated customers. Moreover, nothing shall prohibit the franchisee from entering into service arrangements (with discounts and special terms) with large residential communities or dwellings (including apartments, condominiums and other dwelling units), hotels/motels and mobile home parks located within the Borough.
(b) Local Regulatory Framework. The Borough shall regulate all rates and charges to the extent it is allowed to do so by law, provided that the Borough is certified to regulate rates pursuant to the Cable Act. No rate or charge may be imposed without prior notification to the Borough except such rates and charges that the Borough is prohibited from regulating. Subject to the foregoing, any change made without prior notification is an illegal change, and a franchisee is prohibited from requesting or requiring a subscriber to pay an illegal rate as a condition of providing services. The Borough may adopt such regulations, procedures, and standards as it deems necessary to implement rate regulation and may regulate rates by amendment to this chapter, by a separate resolution or ordinance, by amendment to a franchise agreement, or in any other lawful manner, provided, however, that nothing contained in this section shall conflict with the provisions of section 623 of the Cable Act, 47 USC 543 and rules promulgated by the FCC thereunder.
(Ord. 920. Passed 7-14-97; Ord. 938. Passed 7-12-99.)