(A) No cable communications company shall make any unjust or unreasonable discrimination in rates, charges, classifications, promotions, practices, regulations, facilities, or services for or in connection with like services, nor subject any person to any prejudice or disadvantage in any respect whatsoever; provided, however, that this shall not be deemed to prohibit the establishment of a graded scale of charges and classification of rates to which any subscriber coming within the classification shall be entitled.
(B) No rate or charge for installation, basic or optional cable communications service, provided in the village shall be effective, nor shall any cable communications company advertise, collect, or receive any rate or charge for its services, until it shall have filed a complete schedule of rates and charges with the Village Clerk and until the rates and charges shall have been approved by the Village Council. The charges made for services of the franchisee hereunder shall be fair and reasonable and no higher than necessary to meet all costs incurred in the efficient and economical management of the system, and provide a fair return to the franchisee. The franchisee shall receive no consideration whatsoever for its service other than that specified herein or the franchise agreement, without approval of the Village Council.
(C) A cable communications company granted a franchise pursuant to this chapter shall be permitted to require advance payment for installation fees and for one month's advance service fee. The franchisee shall require no other deposit, advance payment, or penalty from any subscriber or potential subscriber without prior approval of the Village Council and any request therefor shall specify the reasons for the advance payment, the criteria for its imposition, the length of time it shall be retained and, further, that the franchisee shall pay to the subscriber on any required deposit interest at the rate of 12% per annum until returned or no longer required.
(D) No cable communications company granted a franchise pursuant to this chapter shall be permitted to disconnect or otherwise remove any service rendered a subscriber for nonpayment of any required fee or the nonperformance of any other obligation, unless the procedure applicable to the disconnection is specified in the franchise agreement and is provided in writing to each subscriber.
(E) No cable communications company may increase any rate or charge for cable communications service contained in its filed schedule, or alter any classification, contract, rule, regulation, or practice as to result in any increase in its schedule of rates or charges for the service, without first filing the new increased rate, charge, or alteration in its classification, contract, rule, regulation, or practice with the Village Clerk at least 30 days before the proposed increase or increases in rates or charges is proposed to become effective, accompanied by a notice and proof of publication thereof for at least one insertion in a newspaper of general circulation in the village, which notice shall state the increase or increases proposed. Whenever a cable communication company files with the Village Clerk a schedule or notice increasing any rate or charge then in effect, the Village Council, after reasonable notice, shall promptly conduct a hearing concerning the reasonableness and lawfulness of the proposed rate increase. The cost of the publications and public hearing shall be borne by the franchisee. The cable communications company shall have the burden of establishing the reasonableness and lawfulness of the proposed increases in its rates and charges. Pending the hearing and the decision thereon, the Village Council may suspend the operation of the rates for not longer than six months beyond the time when the changed rates would otherwise go into effect. If a full and complete hearing has not been concluded and a decision rendered thereon by the end of the suspension period, the cable communications company may put the suspended rates or any part thereof into effect. If the suspended rates thus become effective, the Village Council, by resolution, may require the cable communications company to file a bond in a reasonable amount with appropriate sureties, or make other arrangements satisfactory to the Village Council, for the protection of the public concerned, conditioned upon the refund as prescribed by action of the Village Council of the amount of the excess, with interest thereon, if the charged or increased rates are determined by the Village Council after conclusion of the hearing to be excessive. During any period when suspended rates are in effect under bond or other arrangements, the Village Council may require that the cable communications company involved keep an accurate account of total payments made under the rates and charges which the cable communications company has put into effect in excess of the rates and charges in effect immediately prior thereto. If, after the hearing, the Village Council finds the proposed, increased, or changed rate or charge to be unjust, unreasonable, or in violation of the law, it shall be set aside and the Village Council may fix the rates or charges as will be just, reasonable, and lawful for the service furnished the public and shall file its conclusions and findings of fact supporting the decision. In the determination of just, reasonable, and lawful rates and charges, the Village Council shall consider and give due weight to all lawful elements properly to be considered, including expenses, a reasonable return on the cost of the property used in the service, depreciation, obsolescence, taxes, risks of the business, and value of service to the customer. A copy of the decision will be served upon the cable communications company and the rates and charges so fixed by the Village Council shall be the legal rates and charges until changed as herein provided.
(Ord. 83, passed 8-4-1980) Penalty, see § 113.99