The Manager shall be responsible for the administration of this article and the enforcement of Council's rate decisions and orders and the minimum customer service standards. All actions of the Manager shall be in conformity with the federal law. As part of the Manager's broad authority to administer and enforce pursuant to this article, the Manager shall have the following specific duties:
A. 
To take such action, on behalf of the Borough, as may, from time to time, be required to obtain and maintain the Borough's certification and authority to regulate basic service rates and to assure that the Borough complies with the federal law.
B. 
To establish and protect the Borough's right to regulate cable television to the fullest extent permitted by federal law.
C. 
To provide and give all notices which are required to exercise all the Borough's authority to regulate basic service rates.
D. 
To make all required and/or appropriate filings to and communications with the FCC.
E. 
To receive, file and review for completeness all submissions, petitions, applications, requests, comments and other filings required and/or permitted to be made to the Borough pursuant to federal law.
F. 
To receive and transmit to the Borough Treasurer any fees paid to the Borough pursuant to this article.
G. 
To establish, organize and maintain the Borough's public records concerning this article.
H. 
To provide Council with all information necessary for Council to exercise oversight and control over all proceedings, administrative practices and procedures and enforcement concerning this article and to be aware of all service and rate issues which may require legislative or policy action.
I. 
To enforce the provisions of this article, all Council decisions and Borough policy.
J. 
To take all actions, conduct all proceedings and enforcement in strict compliance with federal law and the Borough Code.
K. 
To apply the regulations of this article so as to maximize the Borough's regulatory authority, with respect to basic service rates and minimum service standards, under federal law.
[Amended 9-20-1994 by Ord. No. 94-6]
A. 
Regulation of basic service rates.
(1) 
Basic service rates shall be subject to the Borough's prior approval. The Borough shall regulate basic service rates in accordance with the substantive and procedural provisions of the federal law and any applicable state law and/or regulation.
(2) 
The Borough shall make any decision on the reasonableness of current basic service rates and/or proposed rate increase pursuant to the procedural and substantive provisions of the federal law.
(3) 
In making a decision on the reasonableness of current basic service rates or proposed rate increases, the Borough shall have the authority to compel the production of proprietary information from cable operators and, when requested to do so in writing by the cable operator, the Borough shall protect the confidentiality of such information to the extent required by law.
B. 
Duties of cable operator. The duties of all cable operators shall be as follows:
(1) 
Any and all cable operators, which provide cable service within the Borough, shall provide the Borough, by delivery to the Borough Manager, the information and documentation necessary to establish entitlement to any basic service rate schedule and/or requested rate change. All applications for approval of basic service rate schedules and requests for rate changes and all information and documentation provided to the Borough in support thereof shall comply with and be provided according to the procedures and requirements of the federal law and this article. All submissions, petitions, applications and requests and other filings made to the Borough, pursuant to federal law and/or this article, shall be made either via first class mail, postage prepaid, to the following address: Borough of Malvern, P.O. Box 437, First and Warren Avenues, Malvern, PA 19355, Attention: Borough Manager, or shall be hand delivered to the Borough Manager at the Malvern Municipal Building during regular business hours.
(2) 
Within 30 days of receiving written notification from the Borough that the Borough has been certified by the FCC to regulate rates for basic service, a cable operator shall file its schedule of rates for the basic service with the Borough.
(3) 
At least 30 days prior to increasing its rates for the basic service, a cable operator shall notify each subscriber of the proposed rate increase, file a notice of its proposed rate increase with the Borough.
(4) 
Beginning on the date a cable operator files a schedule of rates or a proposed rate increase with the Borough, the cable operator shall publish a summary of the rates or rate increase in a newspaper of general circulation in the Borough (as defined by the Borough Code) for at least three consecutive days and cablecast a summary of the rates or rate increase on its public information channel, at least twice daily, over a three-day period, at such times as are reasonably expected to reach the largest audience, in each case notifying interested parties that they must submit written comments by a date certain (within 15 days of the cable operator's filing with the Borough), to the Manager at the Borough offices. The required summaries shall give clear and reasonable notice of all new and changed rates.
(5) 
A cable operator shall comply with all orders of the Borough.
C. 
Notice of rate request and opportunity for public comment. Upon the Borough's receipt of a cable operator's schedule of basic service rates or a proposed rate increase, the Borough shall cablecast a summary of the rates or rate increase on a public information channel, at least twice daily, at such times as are reasonably expected to reach the largest audience, over a three-day period, along with a notice that interested parties shall submit written comments to the Borough by a date certain (within 15 days of the cable operator's filing with the Borough), at a designated address.
D. 
Council actions. In rendering its decisions, Council shall have the full authority granted to the Borough, pursuant to the federal law and the Borough Code, to order and compel a cable operator to take any and all actions as the federal law permits, including, without limitation:
(1) 
Requiring a cable operator to implement a reduction in basic service tier and/or associated equipment rates where necessary to bring rates into compliance with the standards set forth in the federal law.
(2) 
Prescribing a maximum reasonable rate for the basic service tier and/or associated equipment after it determines that a proposed rate is unreasonable and requiring the cable operator to not exceed such rate.
(3) 
Requiring a cable operator to refund to subscribers that portion of previously paid rates determined to be in excess of the permitted tier charge or above the actual cost of equipment, unless the operator has submitted a cost-of-service showing which the Council determines justified the rate charged as reasonable. Before ordering such a refund, however, the Borough shall give the cable operator notice and shall give the cable operator 15 days from the date such notice is given to submit written comments to the Borough. Any such refund order shall be subject to the limitations contained in the federal law.
E. 
Penalties. In the event that a cable operator does not comply with a decision, order and/or requirement made by the Borough pursuant to this chapter, the Borough shall notify the cable operator in writing of the alleged violation. The cable operator shall within five days provide a response and commence, and diligently work toward, the correction of the alleged violation. In the event that the violation is not corrected within 20 days of notice, the Council President shall appoint a review board which shall hold a hearing on the matter of the alleged violation and any attempts by the cable operator to correct same, and shall thereafter determine the imposition of a fine against the cable operator as follows: $500 per violation. Each day that a violation continues shall be a separate violation for which a separate fine shall be imposed. The cable operator shall pay all such fines within 30 days. In addition to the fines established hereby, the Borough may pursue all other remedies that it has under statute, law and/or equity.
A. 
Federal minimum customer service standards adopted. It is the Borough's intention to enforce the minimum customer service standards. Each and every cable operator shall comply with the minimum customer service standards.
B. 
Enforcement. The Manager, 90 days after giving notice to the cable operator of the Borough's intent to enforce the minimum customer service standards, shall have the authority and responsibility to enforce these standards to the fullest extent permitted by the federal law and in accordance with all substantive and procedural requirements of the federal law. In furtherance thereof, the Manager may make any and all such orders and assess any and all such penalties for violations of these standards as are permitted by the federal law and the Borough Code, which may include, without limitation:
(1) 
Ordering the cable operator to pay credits or refunds to the subscribers to the cable operator's system.
(2) 
Filing suit against a cable operator to compel specific performance and/or enjoin action.
(3) 
Conducting performance evaluations at the time of renewal of the cable operator's franchise agreement.
C. 
Other customer service standards not affected. All other customer service standards, whether established by franchise agreement, state law or regulation or local ordinance, and whether now or hereafter enacted, shall remain in full force and effect to the extent that such other customer service standards are not preempted by the federal law.