(A) Subscriber rates and charges. The rates and charges to subscribers for signals distributed under this chapter by the operator shall be set forth in the schedule of programming, rates and charges, the same being § 111.15 of this chapter. Said rates and installation charges are fixed and guaranteed not to be raised for a period of two years from the date the system is turned on.
(B) Modification of rates. After expiration of the two-year period from date of turn on, the operator may make changes to the rates and charges in accordance with the following procedures.
(1) The operator shall file with the Council the amended schedule of rates and charges, including the operator’s justification for the proposed schedule.
(2) Within ten days from said notification, the Council shall establish the date, place and time for a hearing on the amended schedule, and the operator shall be required to notify its subscribers of the hearing by announcement on at least one channel of its system, between the hours of 7:00 p.m. and 9:00 p.m., for five consecutive days. Additionally, the date, time and place of the public hearing and the text of the amended schedule shall be published, at the operator’s expense, in two newspapers of general circulation in the town at least five days prior to the date set for the hearing. The Council shall, as soon as practicable after notification and publication, hold an appropriate public hearing to consider the proposed amended schedule of rates and charges.
(3) The Council shall, within 60 days from the date of the hearing on the operator’s submission of an amended schedule of rates and charges, notify the operator in writing of its acceptance, rejection or modification of said rates.
(4) The criteria for the Council’s decision as to the establishment of the modification of rates and charges shall be that the same are fair, reasonable and non-discriminatory.
FAIR AND REASONABLE shall mean what is fair and reasonable to both the operator and the subscribers and shall generally be defined as the minimum rates and charges necessary to meet all applicable costs and service, including fair return on all invested capital, assuming efficient and economical management of the system.
(5) In order for the Council to determine whether proposed amendments to rates and charges conform with the criteria established in division (B)(4) above, the operator shall file, concurrently with the filing of the amended schedule of rates and charges, the following financial reports which shall reflect the operation of the system:
(a) Balance sheet;
(b) Income statement; and
(c) Statement of sources and application of funds, including detailed supporting schedule of expenses, income, assets and other items. The operator’s account records applicable to the system shall be available for inspection by the town at all reasonable times; this requirement not being limited to an investigation by the town to determine the reasonableness and fairness of any submission by the operator of amended schedule of rates and charges.
(C) Programming.
(1) The operator will install a 54-channel, two-way space system complete with an earth satellite receiving dish creating an independent system in the town. All construction will be of the highest quality to assure durability, expandability and high technical performance. The operator will make available equipment for local programming desired by the town, including, but not limited to, broadcasts of high school athletic games and meetings of the Town Council. In other words, the operator shall provide the ability to transmit and receive as well as to provide free installation charge and monthly service charge to all public schools and governmental offices.
(2) The schedule of programming, rates and charges, as incorporated in § 111.15 of this chapter, either as to basic service or premium service, shall not be changed or modified, with the exception of Channels 15 through 17, the determination of which will be made prior to the initial turn-on of the system, without prior written consent of the Council under the same requirements and procedures necessary for the change of modification of rate and charges heretofore set out in this chapter.
(3) The operator shall have the authority to control the programs presented over any public or leased access channel. However, the town, upon a determination by the town that such action is necessary or advisable to ensure that the system is being operated in the public interest, reserves the right to limit the operator’s authority to control such program to the full extent permitted by law.
(4) No monitoring of any terminal connected to a system shall take place without specific authorization by the subscriber or other user of the terminal in question, nor shall oral or visual monitoring of any end take place without clear indication to the subscriber that such monitoring is presently taking place. Such indication may be in the form of an audible sound signal or light signal or any other form the operator deems reasonable, with the subscriber’s approval. This indication to the subscriber is not required where a terminal is merely polled by a digital signal pursuant to a prior authorization, as opposed to a voice or visual monitoring. It is the intent of this section to give absolute protection against unwarranted invasion of privacy to each subscriber on the system. It, at any time, the operator initiates a subscriber response system for use in the system, the operator shall notify the Council in writing and demonstrate to the Council that the system can operate effectively in a particular mode without any unwarranted invasion of privacy.
(1996 Code, § 11-20) (Ord. 82-3, passed - -)