[HISTORY: Adopted by the Township Board of the Township of
Putnam 10-20-1993 by Ord. No. 27 (Ch. 16 of the 2004 Township Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform video service franchise — See Ch. A362.
The purpose of this ordinance is to regulate rates of cable
television basic service and associated equipment through adoption
of regulations consistent with the provisions of the Federal Communications
Act of 1934, as amended, including the Cable TV Consumer Protection
and Competition Act of 1992, Public Law 102-385 and the Federal Communication
Commission's Rules and Regulations promulgated pursuant thereto;
and to provide procedures applicable to rate regulation which offer
a reasonable opportunity for comment by interested parties.
The following words and terms used in this ordinance are defined
as follows:
The Federal Communications Act of 1934, as amended, specifically
including the amendments contained in the Cable Television Consumer
Protection and Competition Act of 1992, Public Law 102-385.
This Cable Television Basic Service Regulation Ordinance
or Article.
Equipment used by a subscriber to receive basic service cable
programming regardless of whether such equipment is also used to receive
other tiers of regulated programming service and/or unregulated tiers
of programming service(s). "Associated equipment" includes, but is
not limited to:
The level or tier of cable television programming which includes,
at a minimum, all signals of domestic television broadcast stations
provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system); a public, educational, and/or governmental programming required
by the Franchise Authority to be carried as a basic service, and any
additional video programming signals added to the basic service by
the regulated cable operator.
The rates for basic service and associated equipment charged
by a regulated cable operator on the initial date of regulation by
the Franchising Authority.
The United States Federal Communications Commission.
Any and all rules and/or regulations that the FCC promulgates
and/or adopts pursuant to the act.
The Township Board.
An increase in rates for basic service and/or associated
equipment including, among others, increases in rates that are the
result of reductions in programming provided under the basic service.
Any operator of a cable television system that is subject
to regulation by a Certified Franchising Authority.
The General Law Township of Putnam.
Any word or term that is not specifically defined in this ordinance
shall be given its normal, ordinary meaning; provided that any word
or term which is used in this ordinance and which is not specifically
defined in this ordinance but is defined in FCC rules or regulations
shall have the meaning given to such word or term in the FCC rules
and/or regulations.
Rules and/or regulations:
A.
The Township, by this reference, hereby adopts all rules and regulations
regarding basic service rates and associated equipment rates that
the FCC promulgates pursuant to the act, and makes said rules and
regulations part of this ordinance.
B.
The Township has submitted an application to the FCC for certification
as a cable Franchising Authority pursuant to the act. Upon certification
as a cable Franchising Authority, the Township shall regulate the
basic service rates and associated equipment rates in compliance with
the act, the FCC rules and/or regulations and this ordinance.
C.
Upon receiving its certification, the Franchising Authority shall
send written notice of its certification and notice that it has adopted
the required regulations, return receipt requested, to all regulated
cable operators within the Township. The date upon which the Franchising
Authority gives this notice is the initial date of regulation.
Effective upon certification of the Township as a cable Franchising
Authority, the Township Board is hereby designated as the cable Franchising
Authority for the Township and shall execute the powers, duties and
responsibilities given to the cable Franchising Authority in this
ordinance, the act and the FCC rules and/or regulations.
A.
A regulated cable operator shall comply with all duties and obligations
imposed upon the regulated cable operator by the act, FCC rule and/or
regulations, and this ordinance.
B.
A regulated cable operator has the burden of proving that its submitted
existing rates or a proposed rate increase comply with the act and
FCC rules and regulations.
C.
Putnam Township has granted a cable television franchise and TW Fanch-two
Co d/b/a Cable Comm, a Delaware general partnership, is the original
grantee. Under an Amended and Restated Memorandum of Agreement dated
June 4, 1999, and a Purchase Agreement dated as of May 21, 1999, after
a transfer of the Franchise to Fanch-JV2 Master Limited Partnership,
the franchise will be transferred to Charter Communications VI, LLC.
[Added 11-2-1999 by Ord. No. 27-1]
D.
Municipality does consent to the transfer of the franchise and the
cable television system subject to an acceptance by the Master, Charter
and Charter Communications Holding Company, LLC of an acceptance and
agreement in the form attached.
[Added 11-2-1999 by Ord. No. 27-1]
A.
Within 30 days of receiving the notice identified in § A350-4 of this ordinance, a regulated cable operator shall submit an original and eight copies of a written schedule of the regulated cable operator's existing rates to the Franchising Authority. Said schedules shall be addressed in care of the Township Clerk.
B.
The schedule(s) identified in this section shall contain a detailed
statement explaining whether the regulated cable operator's existing
rates comply with existing FCC rules and/or regulations for basic
service rates and associated equipment rates.
C.
Upon receipt of the existing basic service rate and associated equipment
rate schedule(s), the Township Clerk shall provide the schedule(s)
to the Franchising Authority within seven days.
A.
Unless the time for conducting the public hearing and entering a
decision is extended by the issuance of a tolling order by the Franchising
Authority pursuant to this ordinance, the Franchising Authority shall
hold a public hearing on the existing rate schedule(s) which the regulated
cable operator submitted to the Franchising Authority, and enter a
decision on said submitted schedule(s) within 30 days of the date
the Township Clerk received the schedule(s). If the time for conducting
the public hearing is extended pursuant to this ordinance, a public
hearing should be held and decision rendered before the extended time
period expires.
B.
The existing rates identified in the submitted schedule(s) of rates
shall go into effect 30 days from the date of the Township Clerk's
receipt of the schedule(s) unless the Franchising Authority disapproves
the rate or extends the time period for conducting the review of existing
rates pursuant to this ordinance.
C.
If the Franchising Authority fails to act on the submitted existing
rates by the end of the respective tolling period, then the rates
will remain in effect. If the Franchising Authority subsequently disapproves
any portion of said rates, refunds may not be ordered unless a brief
written order is issued by the Franchising Authority before the end
of the respective tolling period directing the regulated cable operator
to keep an accurate accounting of all its customers and the amounts
paid by each as a result of said rates.
A.
A regulated cable operator cannot institute a rate increase charged
to its subscribers unless the regulated cable operator complies with
the act or FCC rules and/or regulations of this ordinance.
B.
A regulated cable operator which proposes a rate increase must submit
at least eight copies of the proposed rate increase(s) request to
the Franchising Authority in care of the Township Clerk.
A.
Unless the time for conducting the public hearing and entering a decision is extended by the issuance of a tolling order by the Franchising Authority pursuant to § A350-11 of this ordinance, the Franchising Authority shall conduct a public hearing and render a decision upon the regulated cable operator's proposed rate increase request within 30 days of the Township Clerk's receipt of a proposed rate increase request. If the time for holding the public hearing is extended pursuant to § A350-11 of this ordinance, the public hearing should be held and decision rendered before the extended time period expires.
B.
A proposed rate increase requested by a regulated cable operator will become effective after 30 days have elapsed from the date the Township Clerk received the proposed rate increase request unless the Franchising Authority disproves the proposed rate increase or extends the time period for conducting the review of the proposed rate increase pursuant to § A350-11 of this ordinance.
C.
If the Franchising Authority allows rate increases to go into effect
at the end of the respective tolling period through inaction and then
subsequently disapproves any portion of such rates, then refunds may
not be ordered unless a brief written order is issued by the Franchising
Authority before the end of the respective tolling period, directing
the regulated cable operator to keep an accurate accounting of all
its customers and the amounts paid by each as a result of said rates.
A.
If the Franchising Authority is unable to determine, based upon the
material submitted by the regulated cable operator that the existing
rates or proposed rate increase(s) are reasonable or if the regulated
cable operator has submitted a cost of service showing, then the Franchise
Authority may toll the thirty-day deadline for an additional 90 days
in cases not involving cost of service showings or for an additional
150 days in cases involving cost of service showings.
B.
In order for the Franchising Authority to toll the thirty-day period
pursuant to this section, the Franchising Authority must issue an
order explaining that additional time and/or information is necessary
in order for the Franchising Authority to act upon the existing rates
or the proposed rate increase. Said order must be in writing, by resolution
adopted within said thirty-day period.
C.
The Franchising Authority shall send a copy of the tolling order
to the regulated cable operator by first class mail within seven days
after the effective date of the decision.
A.
During the public hearing on the review of a regulated cable operator's
existing rates or on review of a proposed rate increase, the Franchising
Authority shall provide the regulated cable operator and all other
interested persons with the opportunity to comment on the rates either
in person, in writing, or by agent.
B.
The Franchising Authority may conduct as many public hearings as
necessary to carry out the provisions of the act, FCC rules and regulations,
and this ordinance.
C.
If the Franchising Authority deems it necessary, either prior to
or following a public hearing, the Franchising Authority may direct
the preparation of a written report for the Franchising Authority.
This report may contain a recommendation to the Franchising Authority
for its decision on the review of the existing rate schedule(s) or
proposed rate request submitted by a regulated cable operator. This
recommendation should also summarize and be based upon the schedule
or request submitted by the regulated cable operator; comments or
objections to the schedule or request which the Franchising Authority
received from the regulated cable operator; any additional information
received from the regulated cable operator; information which the
Franchising Authority received from a consultant, its staff or its
attorney; and other information which it deems appropriate.
D.
The Franchising Authority shall send, by first class mail, a copy
of any report to the regulated cable operator prior to the Franchising
Authority's consideration of the report at a public hearing.
A.
The Franchising Authority shall send a written notice of the date,
time, and location of the public hearing to the regulated cable operator
that submitted the existing rates or proposed rate increase for review
no less than seven days before the date of the public hearing. Said
notice is to be sent to the regulated cable operator by first class
mail.
B.
The Franchising Authority shall cause to be published, in a qualified
newspaper of general circulation within the Township, a notice of
the public hearing on the existing rate schedule(s) or proposed rate
increase request no less than seven days before the public hearing.
Said notice shall:
(1)
State that a regulated cable operator has submitted the existing
rate schedule(s) or proposed rate increase request to the Franchising
Authority for review pursuant to this ordinance;
(2)
State the location and times at which the public may examine
the submitted schedule(s) of existing rates or proposed rate increase
request;
(3)
State the date, time and location at which the Franchising Authority
will conduct the public hearing; and
(4)
State that all interested persons shall have an opportunity
to comment on the rates at the public hearing, and/or to submit written
comments on or before the date of the public hearing to the Franchising
Authority.
The Franchising Authority shall issue a written order supported
by its reasons by resolution which:
A.
Approves the regulated cable operator's existing rate or proposed
rate increase;
B.
Disapproves the regulated cable operator's existing rate or
proposed rate increase;
C.
Approves, in part, and disapproves, in part the regulated cable operator's
existing rate or proposed rate increase;
D.
Orders a rate reduction;
E.
Prescribes a reasonable rate;
G.
Orders any further appropriate relief permitted by this ordinance,
the act or the FCC rules and/or regulations.
A.
If the Franchising Authority determines that the subscribers to a regulated cable operator may be entitled to a refund pursuant to FCC rules and regulations (specifically 47 CFR 76.942), the Franchising Authority shall include a notice in its decision issued pursuant to § A350-14 of this ordinance that the Franchising Authority will hold a public hearing to consider ordering the regulated cable operator to make a refund to subscribers.
B.
The Franchising Authority shall then conduct a public hearing to
determine whether to order a refund to subscribers and the amount
of the refund.
C.
The Franchising Authority shall send, by first class mail, to the
regulated cable operator, written notice of the date, time and location
of the public hearing. Said notice must be sent no less than seven
days before the public hearing.
B.
Notice of all decisions of the Franchising Authority issued pursuant to § A350-14 and/or A350-16 shall be published in a qualified newspaper of general circulation in the Township no less than 15 days after the effective date of the decision. Said notice shall include:
(1)
A summary of the Franchising Authority's written decision;
(2)
A statement that copies of the Franchising Authority's
decision are available for public inspection;
(3)
A statement as to the location at which, and times during which,
the public may inspect copies of the Franchising Authority's
decision.
C.
The Franchising Authority shall send, by first class mail, a copy
of the Franchising Authority's decision to the regulated cable
operator not more than seven days after the effective date of the
Franchising Authority's decision.
The Franchising Authority may require the regulated cable operator
to produce documents needed to make rate decisions. Requests that
proprietary information be held confidential shall be supported by
the regulated cable operator and be handled in a manner analogous
to the procedures and criteria set forth in 47 CFR 0.459.
