[Adopted 8-9-1994 by Ord. No. 817]
Pursuant to the power and authority granted to the franchising authority
under the Cable Act of 1992 and pursuant to its general powers and authority
as a borough of the Commonwealth of Pennsylvania to act for the general welfare
of its citizenry, the franchising authority hereby exercises regulatory power
over the advance payments and late charges which may be imposed by a cable
operator on subscribers or future subscribers for services and/or equipment
provided or to be provided by the cable operator.
As used in this article, the following terms shall have the meanings
indicated:
Any and all payments imposed by a cable operator from a resident
of the Borough in order to subscribe or to reconnect the services and/or equipment
offered by the cable operator. Advance payments shall include, without limitation,
deposits prior to being provided with equipment and/or requirements to pay
in advance for services not yet received.
The Cable Television Consumer Protection and Competition Act of 1992.
Each cable television operator who is or becomes a party to a franchise
agreement with the franchising authority.
The date when a bill submitted by a cable operator to a subscriber
shall be due for payment. The due date shall be no less than 20 calendar days
from the date a bill was sent by the cable operator to the subscriber. For
a remittance by mail, payment shall be deemed to have been made on the date
of the postmark.
The Federal Communications Commission.
The agreement between a cable operator and the franchising authority
pursuant to which the cable operator was granted a franchise to offer cable
television services to subscribers.
The Borough of Monaca.
Any and all charges and/or penalties assessed or levied by the cable
operator against a subscriber for the nonpayment, late payment or insufficient
payment of a bill from the cable operator.
A customer of the cable operator receiving cable television service
within the geographic boundaries of the franchising authority.
No cable operator shall impose on or charge any person or entity within
the geographic boundaries of the franchising authority a fee in advance of
services to be rendered and/or equipment to be provided to said person or
entity. Advance payments prohibited hereunder shall include, without limitation,
deposits on equipment ordered for use by the subscriber but not yet installed
and/or requirements that the subscriber pay for services in advance of receipt
of said services.
A.
No late charges shall be imposed unless payment is made
more than five days after the due date or unless the payment received from
the subscriber is for less than the full amount of the bill from the cable
operator. In which case, the late charges may only be assessed against the
unpaid portion of the bill.
B.
No late charge shall be imposed which shall exceed the
rate of 1% per month of the unpaid balance then due the cable operator.
C.
No late charge shall be imposed for the costs of rebilling
the subscriber as a result of nonpayment, late payment or less than full payment
of the amount then due the cable operator.
A.
The franchising authority may order a refund of any advance
payments and/or late charges if the cable operator failed to comply with the
provisions of this article. The refund period shall be retroactive to the
date when the first late charges and/or advance payments were imposed.
B.
Before any refund order shall become effective, the franchising
authority must send notice to the cable operator and provide said cable operator
a maximum of 30 days to comment on said order. Upon the expiration of said
thirty-day period, the franchising authority shall consider any comments which
may have been submitted and shall confirm, amend or rescind said refund order.
C.
Refunds shall include interest computed at applicable
rates published by the Internal Revenue Service for tax refunds and additional
tax payments.
D.
Any violation of any order issued hereunder shall be
considered a violation of this article.
A.
Cumulative remedies. Where this article provides alternative
penalties or remedies, they shall be cumulative, and the imposition of one
penalty or remedy shall not prevent the franchising authority from invoking
any other penalty or remedy provided herein.
B.
In addition to all other rights and remedies provided
herein, the franchising authority shall have all rights and remedies afforded
under the franchise agreement.
C.
Unless otherwise provided, any person convicted of violating
any provision of this article, including any order issued hereunder, shall,
upon conviction, be fined not more than $500 and costs for each offense. Each
day of a continuing violation shall constitute a separate and distinct offense,
and each violation with respect to a subscriber shall be a separate offense.
