This ordinance may be known and referred to as the "City of Roseville
Cable Television Rate Regulation Ordinance."
The purpose of this ordinance is to regulate rates of cable television,
basic service and associated equipment through the adoption of regulations
consistent with the provisions of the Federal Communications Act of 1934,
as amended, including the Cable Television Consumer Protection and Competition
Act of 1992, Public Law 102-385, and the Federal Communications Commission's
rules and/or regulations promulgated pursuant thereto; and to provide procedures
applicable to rate regulation which offer a reasonable opportunity for comment
by interested parties.
Effective upon certification of the city as a Cable Franchising Authority,
the City Council is hereby designated as the Cable Franchising Authority for
the city 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.
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; or
B. Disapproves the regulated cable operator's existing
rate or proposed rate increase; or
C. Approves, in part, and disapproves, in part, the regulated
cable operator's existing rate or proposed rate increase; and/or
D. Orders a rate reduction; and/or
E. Prescribes a reasonable rate; and/or
F. Determines that a refund hearing should be held pursuant to §
A380-15 of this ordinance; and/or
G. Orders any further appropriate relief permitted by this
ordinance, the Act or the FCC rules and/or regulations.
In addition to the rules promulgated pursuant to this ordinance, the
city may, by resolution or otherwise, adopt rules and regulations for basic
cable service rate regulation proceedings (including, without limitation,
the conduct of the hearings), consistent with the Act and FCC rules and/or
regulations.
The failure of the City Clerk to give the notices or to mail copies
of reports as required by this ordinance shall not invalidate the decisions
or proceedings of the Franchising Authority.
In addition to the requirements of this ordinance, the Franchising Authority
may hold additional public hearings upon such reasonable notice as the Franchising
Authority, in its sole discretion, shall prescribe.
The city shall possess all powers conferred by the Act, the FCC rules,
the cable operator's franchise and all other applicable law. The powers
exercised pursuant to the Act, the FCC rules and this ordinance shall be in
addition to powers conferred by law or otherwise. The city may take any action
not prohibited by the Act or the FCC rules to protect the public interest
in connection with the basic cable service rate regulation.
The city may pursue any and all legal and equitable remedies against
the regulated cable operator for failure to comply with the Act, the FCC rules
and/or regulations, any orders or determinations of the Franchising Authority
pursuant to this ordinance, any requirements of this ordinance or any rules
or regulations promulgated hereunder.