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Following the public hearing, the Village President shall cause a report to be prepared for the Village Council which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant’s review and other appropriate information) include a recommendation for the decision of the Village Council pursuant to § 113.34. The Village Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the Village Council acts under § 113.34. The cable operator may file a written response to the report with the Village Clerk. If at least ten copies of the response are filed by the cable operator, the Village Clerk shall forward it to the Village Council.
(Ord. 117, passed 10-13-1993)
The Village Council shall issue a written order, by resolution or otherwise, which in whole or in part approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund or orders other appropriate relief, in accordance with the FCC Rules. If the Village Council issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 C.F.R. § 76.933. The order specified in this section shall be issued within 90 days of the tolling order under § 113.31 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 113.31 in all cases involving a cost-of-service showing.
(Ord. 117, passed 10-13-1993)
The Village Council may order a refund to subscribers as provided in 47 C.F.R. § 76.942. Before the Village Council orders any refund to subscribers, the Village Clerk shall give at least seven days’ written notice to the cable operator by first-class mail of the date, time and place at which the Village Council shall consider issuing a refund order and shall provide an opportunity for the cable operator to comment. The cable operator may appear in person, by agent or by letter at such time for the purpose of submitting comments to the Village Council.
(Ord. 117, passed 10-13-1993)
(B) The Village Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the village which shall:
(1) Summarize the written decision; and
(2) State that copies of the text of the written decision are available for inspection or copying from the office of the Village Clerk.
(C) In addition, the Village Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
(Ord. 117, passed 10-13-1993)
In addition to rules promulgated pursuant to § 113.28, the Village Council may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.
(Ord. 117, passed 10-13-1993)
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