[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 9-8-1993 by Ord. No. 14-1993 (Part 15 of the 1991 Compilation
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Franchises — See Ch. A410.
A.
ACT
ASSOCIATED EQUIPMENT
BASIC CABLE SERVICE
FCC
FCC RULES
INCREASE IN RATES
For purposes of this chapter, the following terms shall have the
meanings indicated:
The Communications Act of 1934, as amended (and specifically
as amended by the Cable Television Consumer Protection and Competition
Act of 1992, Pub. L. 102-385), and as may be amended from time to
time.
All equipment and services subject to regulation pursuant
to 47 CFR 76.923.
"Basic service" as defined in the FCC Rules, and any other
cable television service which is subject to rate regulation by the
Township pursuant to the Act and the FCC Rules.
The Federal Communications Commission.
All rules of the FCC promulgated from time to time pursuant
to the Act.
An increase in rates or a decrease in programming or customer
services as provided in the FCC Rules.
B.
All other words and phrases used in this chapter shall have the same
meaning as defined in the Act and FCC Rules.
A.
The purpose
of this chapter is to:
(1)
Adopt
regulations consistent with the Act and the FCC Rules with respect
to basic cable service rate regulation; and
(2)
Prescribe
procedures to provide a reasonable opportunity for consideration of
the views of interested parties in connection with basic cable service
rate regulation by the Township.
B.
This chapter
shall be implemented and interpreted consistent with the Act and FCC
Rules.
In connection with the regulation of rates for basic cable service
and associated equipment, the Charter Township of Cascade shall follow
all FCC Rules.
A.
A cable operator shall submit its schedule of rates for the basic
service tier and associated equipment or a proposed increase in such
rates in accordance with the Act and the FCC Rules. The cable operator
shall include as part of its submission such information as is necessary
to show that its schedule of rates or its proposed increase in rates
complies with the Act and the FCC Rules. The cable operator shall
file 10 copies of the schedule or proposed increase with the Township
Clerk. For purposes of this chapter, the filing of the cable operator
shall be deemed to have been made when at least 10 copies have been
received by the Township Clerk. The Township Board may, by resolution
or otherwise, adopt rules and regulations as allowed by law prescribing
the information, data and calculations which must be included as part
of the cable operator's filing of the schedule of rates or a
proposed increase.
B.
In addition to information and data required by rules and regulations of the Township pursuant to Subsection A above, a cable operator shall provide all information requested by the Township Manager that is related and helpful in connection with the Township's review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The Township Manager may establish reasonable deadlines for submission of the requested information, and the cable operator shall comply with such deadlines.
C.
A cable operator has the burden of proving that its schedule of rates
for the basic service tier and associated equipment or a proposed
increase in such rates complies with the Act and the FCC Rules including,
without limitation, 47 U.S.C. § 543 and 47 CFR 76.922 and
76.923.
A.
If this chapter, any rules or regulations adopted by the Township pursuant to § 135-4A, or any request for information pursuant to § 135-4B requires the production of proprietary information, the cable operator shall produce the information. However, at the time the allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the Township determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552. The Township shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied, 1) where the cable operator is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information will be returned to it; or 2) the cable operator may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed pending review.
B.
Any interested party may file a request to inspect material withheld
as proprietary with the Township. The Township shall weigh the policy
considerations favoring nondisclosure against the reasons cited for
permitting inspection in light of the facts of the particular case.
It will then promptly notify the requesting entity and the cable operator
that submitted the information as to the disposition of the request.
It may grant, deny or condition a request. The requesting party or
the cable operator may seek review of the decision by filing an appeal
with any appropriate forum. Disclosure will be stayed pending resolution
of any appeal.
C.
The procedures set forth in this section shall be construed as analogous
to and consistent with the rules of the FCC regarding requests for
confidentiality including, without limitation, 47 CFR 0.459.
A.
Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to § 135-4A above, the Township Clerk shall publish a public notice in a newspaper of general circulation in the Township which shall state that:
(1)
The filing has been received by the Township Clerk and (except those
parts which may be withheld as proprietary) is available for public
inspection and copying; and
(2)
Interested parties are encouraged to submit written comments on the
filing to the Township Clerk not later than seven days after the public
notice is published.
B.
The Township Clerk shall give notice to the cable operator of the
date, time, and place of the meeting at which the Township Board shall
first consider the schedule of rates or the proposed increase. This
notice shall be mailed by first-class mail at least three days before
the meeting. In addition, if a written staff or consultant's
report on the schedule of rates or the proposed increase is prepared
for consideration of the Township Board, then the Township Clerk shall
mail a copy of the report by first-class mail to the cable operator
at least three days before the meeting at which the Township Board
shall first consider the schedule of rates or the proposed increase.
After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under § 135-4A above unless the Township Board (or other properly authorized body or official) tolls the thirty-day deadline pursuant to 47 CFR 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The Township Board may toll the thirty-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
If a written order has been issued pursuant to § 135-7 and 47 CFR 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the Township any additional information required or requested pursuant to § 135-4 of this chapter. In addition, the Township Board shall hold a public hearing to consider the comments of interested parties within the additional ninety-day or one-hundred-fifty-day period, as the case may be. The Township Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the Township which shall state: 1) the date, time, and place at which the hearing shall be held; 2) interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and 3) copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing. In addition, the Township Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
Following the public hearing, the Township Manager shall cause a report to be prepared for the Township Board which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant's review, and other appropriate information) include a recommendation for the decision of the Township Board pursuant to § 135-10. The Township Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the Township Board acts under § 135-10. The cable operator may file a written response to the report with the Township Clerk. If at least 10 copies of the response are filed by the cable operator with the Township Clerk within 10 days after the report is mailed to the cable operator, the Township Clerk shall forward it to the Township Board.
The Township Board shall issue a written order, by resolution or otherwise, which, in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the Township Board issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR 76.933. The order specified in this section shall be issued within 90 days after the tolling order under § 135-7 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 135-7 in all cases involving a cost-of-service showing.
The Township Board may order a refund to subscribers as provided
in 47 CFR 76.942. Before the Township Board orders any refund to subscribers,
the Township Clerk shall give at least seven days written notice to
the cable operator by first-class mail of the date, time, and place
at which the Township Board shall consider issuing a refund order
and shall provide an opportunity for the cable operator to comment.
The cable operator may appear in person, by agent, or by letter at
such time for the purpose of submitting comments to the Township Board.
Any order of the Township Board pursuant to § 135-10 or 135-11 shall be in writing, shall be effective upon adoption by the Township Board, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the Township which shall summarize the written decision and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the Township Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
In addition to rules promulgated pursuant to § 135-4, the Township Board may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.
The failure of the Township Clerk to give the notices or to
mail copies of reports as required by this chapter shall not invalidate
the decisions or proceedings of the Township Board so long as there
is substantial compliance with this chapter.
In addition to the requirements of this chapter, the Township
Board may, in its sole discretion, hold additional public hearings
upon such reasonable notice as the Township Board shall prescribe.
The Township shall possess all powers conferred by the Act,
the FCC Rules, the cable operator's consent agreement, and all
other applicable law. The powers exercised pursuant to the Act, the
FCC Rules, and this chapter shall be in addition to powers conferred
by law or otherwise. The Township may take any action not prohibited
by the Act and the FCC Rules to protect the public interest in connection
with basic cable service rate regulation.
The Township may pursue any and all legal and equitable remedies
against the cable operator (including, without limitation, all remedies
provided under a cable operator's consent agreement with the
Township) for failure to comply with the Act, the FCC Rules, any orders
or determinations of the Township pursuant to this chapter, any requirements
of this chapter, or any rules or regulations promulgated hereunder.
Subject to applicable law, failure to comply with the Act, the FCC
Rules, any orders or determination of the Township pursuant to this
chapter, any requirements of this chapter, or any rules and regulations
promulgated hereunder shall also be sufficient grounds for revocation
or denial of renewal of a cable operator's consent agreement.
