The grantee shall establish rates for its services which shall be applied on a nondiscriminatory basis in the service area, except for commercial and bulk account rates, which are negotiated individually. Pursuant to Federal law, the grantor reserves the right to assume regulation of rates paid by cable subscribers; such rate regulation shall be performed by the West Liberty Cable Commission as advisory to the City Council in accordance with FCC Rules and Regulations (part 76, subpart N). As specified by the FCC's Rules (part 76, subpart N), such rate regulation shall cover basic service rates and customer premises, installations and equipment rates (including charges for, but not be limited to: converter boxes, remote control units, connections for additional television receivers and other cable home wiring). Grantor reserves the right to further regulate rates pursuant to any additional powers granted it by either the FCC or Federal or State law.
A. Rate Regulatory Procedures: In the event that rate regulatory powers are assumed by grantor, the following shall apply:
1. The grantor shall notify the grantee of grantor's FCC certification and of grantor's adoption of rate regulations which are consistent with the FCC regulations and which provide for a reasonable opportunity for consideration of the views of interested parties.
2. Upon receipt of such notification by grantee, basic service regulation shall become effective. Grantee shall be prohibited from raising basic service rates without the approval of the Cable Commission, and grantee shall, within thirty (30) days, submit for review its basic service, installation and equipment rates and supporting documentation using either the FCC's benchmark calculations or the FCC's cost-of-service standards.
B. Proprietary Information: To aid in the evaluation of the grantee's proposed rates, the Cable Commission may require the production of proprietary information, and in such cases will apply procedures analogous to those set forth in FCC regulations (47 CFR section 0.459), and consistent with Federal and State law.
C. Refunds: As specified in the FCC regulations, the Cable Commission may order the grantee to refund to subscribers that portion of previously paid rates which have been found to be unreasonable. Before ordering the grantee to refund previously paid rates to subscribers, the Cable Commission must give the grantee notice and opportunity to comment.
D. Basic Service Rate Increases And Equipment Charges: Subject to FCC rules, the grantee shall not file for increases in equipment charges and/or basic service rates more than once per year. All subsequent requests by the grantee for increases in equipment changes and/or basic service rates shall be subject to the procedures outlined in this Section.
E. Service Disconnection: A subscriber shall have the right to have its service disconnected without charge, which shall include the removal of any equipment owned by the grantee from the subscriber's residence. Such disconnection shall be made as soon as practicable and in no case later than thirty (30) days following written notice to the grantee of same. No grantee shall enter into any agreement with a subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges shall be no greater than charges for new customers. This Section shall not prevent a grantee from refusing service to any person because of the grantee's prior accounts with that person which remain due and owing. (Ord. 3-95, 3-21-1995)