(a) Subscriber Fees.
(1) By accepting the franchise granted pursuant to the terms and conditions imposed by this chapter the grantee agrees that Council shall have the authority and right to cause the grantee's fees for regular subscriber service to conform to the provisions contained herein. Council shall also have the authority and right to deny increases or order reduction of fees when it determines that in the absence of such action on its part, the grantee's fees or proposed fees do not conform to the stipulations contained herein.
(2) The fees for cable television service hereunder shall be as follows:
A. For regular subscriber service a sum not to exceed nine dollars and forty cents ($9.40) per month for the first outlet and a sum not to exceed one dollar and fifty cents ($1.50) per month for each additional outlet when located in the subscriber's premises, provided that the establishment of this rate is not intended to preclude grantee's exercise of its rights pursuant to Section 623(e) of the Cable Communications Policy Act of 1984. When an FM outlet is located in the subscriber's premises there will be no additional monthly charge; however, for FM subscription services only, a sum not to exceed seven dollars ($7.00) per month.
B. For installation of the first outlet a sum of twenty dollars ($20.00). For the installation of each additional outlet located and installed within the subscriber's premises a sum of ten dollars ($10.00). For the installation of each outlet to an FM tuner, in conjunction with a television outlet, the sum of seven dollars and fifty cents ($7.50) and for FM service only a sum of twenty dollars ($20.00). For underground installation of any service, a sum of thirty dollars ($30.00) in addition to the other installation charges provided in this paragraph.
(3) The grantee shall not, with regard to fees, service facilities, rules, regulations or in any other respect, discriminate or grant any preference of advantage to any person; provided, however, that lower fees may be negotiated between grantee and the owner or owners, or committee acting on their behalf for regular subscriber service provided to ten or more dwelling units within an apartment building, condominium, garden apartment or townhouse complex under common ownership, or to ten or more room units within hotels and motels.
(4) The grantee shall have the authority and the right to add to its service or installation fees any Federal, State or City taxes directly imposed on the grantee or his subscribers.
(5) Grantee may, at its own discretion, waive, reduce or suspend connection fees for specific or indeterminate periods and/or the monthly service fee for periods not to exceed thirty days for promotional purposes.
(6) Grantee shall provide each subscriber with a converter. In the event that a subscriber does not return the converter to grantee upon termination of cable television service to the subscriber or in the event that a converter is lost by or stolen from a subscriber prior to termination of cable television service to the subscriber, the subscriber shall pay to grantee the sum of one hundred fifty dollars ($150.00) as compensation to grantee for the loss of the converter.
(b) Books and Records.
(1) The grantee will, within thirty days following acceptance of the franchise, furnish the City a list, which it shall keep current, of its shareholders holding ten percent (10%) or more of the outstanding stock or equivalent ownership interest as well as a roster of its principals or officers and directors and their addresses.
(2) The books and records of the grantee's operation within the City shall be made available during normal business hours for inspection and audit by the Mayor or his designee within thirty days after such request has been made.
(3) Copies of the grantee's current schedule of charges, contract of application forms for regular subscriber service, policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures and any other terms and conditions adopted as the grantee's policy in connection with its subscribers shall be filed with the City Clerk and conspicuously posted in the grantee's local office.
(Ord. 76-146. Passed 12-13-76.)