(A) The City Council expressly reserves the right and retains its jurisdiction to authorize, establish and approve all rates which the franchisee charges subscribers, including rates for subscriber service, equipment, maintenance and repair. By acceptance of a franchise, the franchisee agrees that the City Council shall have such power, right and jurisdiction. All rates and charges shall be non-discriminatory.
(B) No rate, fee or charge of any kind shall be charged or collected from subscribers by the franchisee without the authorization and approval of the City Council. Violation of this section shall be deemed to be a breach of any agreement awarding a franchise in accordance herewith and shall subject the franchisee to all remedies and penalties prescribed in this subchapter and to all other remedies, legal and equitable, which are available to the city.
(C) The initial rates to be charged and collected from subscribers shall be in conformity with the franchisee’s application hereunder, and established in the agreement awarding a franchise in accordance herewith, and shall remain in force for a minimum of 30 months from and after the date of execution of the said agreement and the effective date of the ordinance awarding the franchise. Provided, however, that should the City Council determine to amend any franchise within the purview of § 115.42, the franchisee may request rate increases or decreases in accordance with this section.
(D) The franchisee shall file with the City Clerk on December 31 each year a full schedule of all subscriber and user rates and all other charges made in connection with the operation of the cable communications system.
(1) Any and all special rates for institutions, motels, hotels, inns, multiple-family dwelling units or any other type of subscriber shall be included.
(2) All rates shall be on file in the office of the City Clerk.
(E) Nothing in this subchapter shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers users.
(F) The franchisee shall neither impose nor collect any additional charge for the disconnection of any installation or outlet.
(G) In the event that a subscriber fails to pay a properly due and owed fee or charge, the franchisee may disconnect the subscriber’s service outlet, upon giving ten days’ written notice thereof.
(H) The franchisee shall establish and conform to the following policy regarding refunds to subscribers and users.
(1) If the franchisee collects a deposit or advance charge on any service or equipment requested by a subscriber or user, the franchisee shall provide said service or equipment within 30 days of the collection of the deposit or charge or it shall refund said deposit or charge within five days thereafter.
(a) Nothing in this subchapter shall be construed to relieve the franchisee of any responsibility to subscribers or users under any contractual agreements into which it enters with them.
(b) Nothing in this section shall be construed as limiting the franchisee’s liability for penalties which may be imposed under this subchapter or for the violation or breach of any of its provisions.
(c) Nothing in this section shall be construed to limit the franchisee’s liability for damages because of its failure to provide the service for which the deposit or charge was made.
(2) (a) In the event that a subscriber terminates service during the first 12 months because of the failure of the franchisee to render the service in accordance with the requirements set forth in this subchapter, or in any agreement or ordinance in accordance herewith, the franchisee shall refund to such subscriber an amount equal to the initial applicable installation or reconnection charge paid by the subscriber.
(b) In the event that such subscriber has made an advance payment, the amount so advanced shall be refunded to such subscriber by the franchisee. Nothing in this provision shall be construed to relieve the franchisee of any liability established under any other provision of this subchapter or any agreement or ordinance in accordance herewith.
(3) In the event that a subscriber terminates service prior to the end of a pre-paid period, the pro rata portion of any pre-paid subscriber fee, which represents payment for services which are no longer to be rendered, shall be refunded promptly, but in no case more than 30 days after receipt of the request for termination.
(I) The franchisee shall not charge a converter security deposit greater than said converter’s actual cost to the franchisee. Any converter security deposit collected by the franchisee shall be returned to the subscriber 36 months after the installation of such converter or within 60 days upon termination of service by the subscriber and return of such converter undamaged, with allowance for reasonable wear and tear, and payment of any outstanding balance due and payable.
(J) A franchisee may, from time to time, subject to the limitation contained in division (C) above, request of the City Council rate increases or decreases. A franchisee shall be allowed to increase its rates and charges if it is able to demonstrate, to the satisfaction of the City Council, that it is unable to realize a fair return on its investment, without a rate or charge increase. The City Council establish the procedure for hearings and review of any such request. The City Council may allow rate or charge reduction, at any time, if it shall determine that the existing rates and charges unreasonably restrict the growth of cable television in the city and that the proposed rates and charges will continue to allow the franchisee a reasonable profit. Any such request shall be made no less than 60 days tn advance of the effective date of the change or changes requested.
(K) A franchisee may, at any time, request of the City Council establishment, authorization and approval of rates and charges for new or additional services which the franchisee desires to offer its subscribers. Any such request shall be made no less than 60 days in advance of the offering of such new or additional services.
(L) In the event the franchisee for the city also has a CATV franchise for the unincorporated area of the county, the rates for like services in the city shall not exceed the rates charged for identical services in the unincorporated area of the county. In the event that the fiscal court of the county approves a rate increase or reduction for the same CATV franchisee that has the city franchise, the franchisee shall, within ten days thereafter, file with the City Clerk a complete schedule of the county approved CATV rates. The City Clerk shall forthwith advise all members of the City Council and the Mayor/Chairperson of the approved the county CATV rate schedule. Unless the franchisee, a member of the City Council or the Mayor/Chairperson requests a CATV rate hearing for city rates within 60 days after the filing of the approved the county CATV rate schedule with the City Clerk, the approved the county CATV race schedule shall automatically be the approved and authorized CATV rate schedule for the city, effective 61 days after the approved the county CATV rate schedule is filed with the City Clerk by the franchisee.
(M) No charge shall be made to the city for its use of government access channels and, under no circumstances, shall the city be obligated to pay to a franchisee any fee for service rendered to the city under the terms of the franchise.
(N) Nothing herein shall be deemed to prohibit the setting of special races for certain classes of citizens for certain types of subscriber service, when, by the determination of the City Council and, at its sole discretion, such special rates are justified by the potential of such service to assist which the health, care and/or safety of such citizens.
(Ord. 4, series 1979, passed 9-17-1979) Penalty, see § 115.99