[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine 5-16-1994 by Res. No. 463. Amendments
noted where applicable.]
The rate regulation standards of the Federal Communications Commission
("FCC") in Subpart N - Cable Rate Regulations, 47 CFR 76.900 et seq., as may
be amended, are hereby adopted for the review and determination of reasonable
and lawful rates for basic service, installation and equipment in the Township
of Pine.
A.
Upon certification of the Township of Pine by the FCC
to regulate rates for basic service, installation and equipment, the Board
of Supervisors, through its designate, the Township Secretary, shall notify
all cable operators providing service within the Township of said certification
and shall direct each cable operator to file with the Township its current
schedule of rates and supporting FCC forms and worksheets for basic service,
installation and equipment. If a cable operator elects to use a cost of service
showing, the operator shall submit cost-of-service accounts in detail sufficient
to support such a showing. Each cable operator shall submit such number and
form of copies as the Township Secretary shall determine in the notice.
B.
Upon receipt of any rate schedule referenced in Subsection A or of any rate schedule proposing any change in such rates, the Board of Supervisors, through its designate, the Township Secretary, shall schedule, give public notice and give notice to the cable operator of a period during which the Superintendent will receive written comments from the public and the cable operator on the reasonableness of the rates. The Board of Supervisors shall also schedule and preside at a public hearing for the receipt of oral comments. The Board of Supervisors, through its designate, the Township Secretary, shall give public notice of the hearing and notice thereof to interested parties and the cable operator. The Board of Supervisors may arrange for the cablecast of the hearing on a public access cable channel. The public hearing for oral comments shall normally be held and the close of the period for written comments shall be scheduled within 30 days of receipt of the rate filing.
C.
The Township Secretary shall review the rate filing and
the comments received and present an evaluation thereof to the Board of Supervisors.
The Township Secretary shall present the evaluation within 30 days of receipt
of the rate filing. If the Township Secretary determines that the thirty-day
period is insufficient to review the filing, the Township Secretary shall
recommend that the Board of Supervisors act to extend the period established
for the review as permitted by the Act and the FCC's regulations to prevent
the proposed rates from becoming effective by operation of law.
D.
If the Board of Supervisors extends the period for the Township's review of a rate filing pursuant to Subsection C, the period for written comments and the public hearing may be scheduled by the Board of Supervisors at a date later than the thirty-day period in Subsection B, provided that such period and hearing shall be held at such time that the comments received will be available for the Board of Supervisors consideration in making the evaluation. The close of the comment period and hearing for the initial rate filing of a cable operator that is providing service upon the effective date of the Township's certification by the FCC shall not be scheduled more than 120 days from the effective date of the certification.
E.
The Board of Supervisors may waive the requirements of
this section for promotional rate reductions.
