[HISTORY: Adopted by the City Council of the City of Franklin 5-2-1994
by Ord. No. 94-1. Amendments noted where applicable.]
Adoption of the Federal Communications Commission (FCC) Basic Service
and Equipment Rate Regulations promulgated pursuant to the Cable Television
Consumer Protection and Competition Act of 1992 (the "Cable Act of 1992"):
The rate regulations promulgated by the FCC pursuant to 47 U.S.C.§ 543(b)
are hereby adopted for the review and determination of reasonable and lawful
rates for basic service and equipment in the City of Franklin (the "city").
A.
Upon certification of the city by the FCC to regulate
rates for basic service and equipment, the City Council, as franchising authority,
shall notify all cable operators providing service within the city of said
certification and shall direct each cable operator to file with the franchising
authority its current schedule of rates and supporting FCC forms and worksheets
for basic service and equipment.
B.
The cable operator(s) shall file all such schedules and supporting documents within 30 days after receiving the notice referred to in Subsection A above. The filing date for all such rate-related materials shall be the date of actual receipt by the franchising authority.
C.
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.
D.
Each cable operator shall submit such number and form
of copies as the franchising authority shall determine in its notice to the
cable operator.
E.
Upon receipt of any rate schedule referenced in Subsection A above, or of any rate schedule proposing any change in such rates, the franchising authority shall schedule, give public notice and give notice to the cable operator of a period during which the franchising authority will receive written comments from the public and the cable operator on the reasonableness of the cable operator's rates.
F.
At its discretion, the franchising authority may also
schedule and preside at a public hearing for the receipt of oral comments.
If such a public hearing is scheduled, the franchising authority shall give
notice of such hearing to the cable operator and the general public. 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 the receipt by
the franchising authority of the cable operator's written rate filing.
G.
The franchising authority shall review the rate filing
and comments received and shall make an evaluation of said rates within 30
days of receipt of said rate filing. If the franchising authority determines
that the initial thirty-day period is insufficient to review and evaluate
the filing, the franchising authority shall extend the period for such review
and evaluation as permitted by the FCC's regulations and notify the cable
operator of such fact during the initial thirty-day period.
H.
The franchising authority shall send a copy of its written
evaluation and decision to the cable operator within the time frame permitted
by federal law.
The City Council of the City of Franklin, as franchising authority,
hereby adopts these rate regulations as of the date indicated below.[1] Pursuant to the FCC's regulations, the franchising authority will ensure that a copy of these regulations is forwarded to the cable operator, with a request that the rate filing be submitted to the city pursuant to § 130-2A above.
[1]
Editor's Note: This ordinance was adopted May 2, 1994.
