(A) The grantee of a franchise awarded hereunder may make a charge to subscribers, private or commercial, for installation and connection to his or her broadband telecommunications network and a fixed monthly charge for basic service within the meaning of § 111.01 in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder, which schedule is incorporated herein by reference, and any modifications to the schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
(B) The grantee of a franchise awarded hereunder may make an additional monthly charge to subscribers for 1 or more additional services, except for FM radio signals which shall be provided at no charge, selected by subscribers, provided that the additional charges are in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter may be filed with and approved by the city, which schedule is incorporated herein by reference, and any modifications to the schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
(C) The grantee of a franchise awarded hereunder may make a charge to users, private or commercial, for the leasing of time on a locally originated channel other than public access, educational, and governmental channels as defined by the FCC in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter may be filed with and approved by the city, which schedule is incorporated herein by reference, and any modification to the schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
(D) The grantee of a franchise awarded hereunder may make a charge to users, private or commercial, for the use of production equipment and for the placement of advertisements on a locally originated channel providing that the advertisements' use or charge is legally permissible under any existing rules and regulations of the FCC, the state commission and the city and also in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter may be filed and approved by the city, which schedule is incorporated herein by reference, and any modifications to the schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
(E) The grantee of a franchise awarded hereunder may make a charge to subscribers, private or commercial, for installation and connection to his or her network in addition to those charges set forth in division (A), where unusual circumstances exist such as underground cable requirements or remote or relatively inaccessible subscriber locations provided that additional charges are in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter may be filed and approved by the city, which schedule is incorporated herein by reference, and any modifications to the schedule that may result from a review requested by Council on its own motion or at the request of the grantee.
(F) The grantee shall not file an application for an increase in charges until 24 months expired from the time the grantee has been determined to have commenced operation hereunder, excluding the imposition of any federal, state, or local taxes not contemplated in the original rate determinations.
(G) The grantee shall not file more than 1 application for an increase in charges during any calendar year.
(H) Council may review the grantee's schedule of charges upon application by the grantee as herein provided or at any time upon request for review. Council may reduce or increase charges by a resolution adopted for the purpose, and no change in the grantee's schedule of charges shall be effective without the prior action of Council as expressed in such a resolution. No resolution shall be adopted without prior public notice and opportunity for all interested members of the public, including the grantee, to be heard, subject to the standards set forth in division (I).
(I) When requesting an increase in charges, the grantee shall file a written application with Council accompanied by supporting accounting documentation at least 60 days before requesting a hearing with Council. Council's decision must be announced within 30 days of the hearing.
(J) The grantee shall agree, and by his or her acceptance of a franchise hereunder specifically agrees, to be subject to the city or other regulatory bodies having competent jurisdiction to fix just, reasonable, and compensatory rates.
(K) All charges set by the grantee for service hereunder shall be fair, reasonable, and designed to meet all necessary cost of the service, including a fair rate of return on the net valuation of his or her properties devoted thereto under efficient and economical management.
(L) The grantee shall receive no consideration whatsoever for or in connection with his or her service to his or her subscribers or users other than in accordance with this section.
(M) The grantee shall receive no deposit, advance payment, or penalty from any subscriber, user, or potential subscriber or user without approval of Council.
(N) In the event that a set convertor, coaxial switch, or other appurtenant device is required to permit subscribers to receive full network service, the grantee shall give the subscriber the option of purchasing the convertor at the grantee's cost at the time of initial installation thereof or of purchasing the convertor, switch, or other appurtenant device on installments at prevailing local installment plan interest rates. If the subscriber elects not to purchase the convertor, switch, or other appurtenant device, the grantee may make an additional charge for the rental of the convertor, switch, or other appurtenant device providing that the additional charge is in accordance with the schedule of charges contained in the grantee's application for a franchise hereunder or hereafter filed with and approved by the city, which schedule is incorporated herein by reference, as well as any modification to the schedule that may result from request for review by Council on its own motion or at the request of the grantee.
(O) In the event that a subscriber desires a buried service drop to his or her residence, but the residence is not located in an underground utilities area, the grantee shall bury the drop upon request of the subscriber and upon the payment of the fees which have been approved by Council.
(P) In the event that a subscriber desires a buried service drop to his or her residence but the residence is not located in an underground utilities area, although utilities are providing underground services, then the grantee shall install buried service drops at no cost to the subscriber.
(1981 Code, § 111.11) (Ord. 5055-73, passed 5-14-1973; Am. Ord. 5395-77, passed 3-28-1977; Am. Ord. 5861-82, passed 12-13-1982; Am. Ord. 5965-84, passed 3-5-1984)