As used in this article, the following terms shall have the meanings
indicated:
BASIC SERVICE TIER
At a minimum, includes all signals of domestic television broadcast
stations provided to any subscriber [except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station, regardless
of how such signal is ultimately received by the cable operator(s)]; any public,
educational and governmental programming required by the franchise agreement
to be carried on the basic tier; and any additional video programming signals
or service added to the basic tier by the cable operator(s).
CABLE ACT OF 1992
The Cable Television Consumer Protection and Competition Act, P.L.
No. 102-385, 106 Stat. 1460 (1992).
CABLE OPERATOR(S)
All cable television operators who are party to a franchise agreement
with the franchising authority.
CABLE PROGRAMMING SERVICE
Any video programming provided over a cable television system regardless
of service tier, including installation or rental of equipment used for the
receipt of such video programming, other than:
A.
Video programming carried on the basic service tier;
B.
Video programming offered on a pay-per-channel or pay-per-program basis;
or
C.
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so long as
the combined service consists of commonly identified video programming and
is not bundled with any regulated tier of service.
CERTIFICATION
The certification received by the franchising authority from the
FCC, empowering the franchising authority to regulate certain cable television
rates.
COST-OF-SERVICE RATE APPLICATION
A rate application filed in the manner prescribed and on the forms
adopted by the FCC. A cost-of-service rate application may be submitted by
a cable operator(s), in its sole discretion, in support of its current rates
or a proposed rate increase.
CURRENT RATES
Those rates in effect for the basic service tier and for the equipment
and installation necessary to receive the basic service tier, existing on
the date when the franchising authority notifies the cable operator(s) that
it has received certification.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between one or more cable operator(s) and the franchising
authority pursuant to which the cable operator(s) was granted a franchise
to offer cable television services to subscribers.
MAXIMUM PERMITTED RATES
Those rates against which all rate applications shall be measured.
The maximum permitted rates shall be determined consistent with the rules
adopted by the FCC.
OPINION
An opinion issued by the franchising authority in response to any
rate application.
ORDER
An order issued by the franchising authority advising the cable operator(s)
and other interested parties of the franchising authority's intent to
take additional time to review and approve or disapprove any rate application.
PRESCRIBED RATE
The rate prescribed by the franchising authority for the basic service
tier and/or for the equipment and installation necessary to receive the basic
service tier, which may differ from the proposed rate submitted by the cable
operator(s) in a rate application.
RATE APPLICATION
An application on the form adopted by the FCC to be submitted by
the cable operator(s) for approval of its current rates and/or any proposed
increase in the rates for the basic service tier and/or for the equipment
and installation necessary to receive the basic service tier.
REFUND
Any refund ordered by the franchising authority of rates charged for the basic service tier and/or the rates for the equipment and installation necessary to receive the basic service tier pursuant to the terms contained in §
100-7D(2).
SUBSCRIBER
A customer of the cable operator(s) receiving cable television service
within the geographic boundaries of the franchising authority.
Pursuant to the power and authority granted to the franchising authority
under the Cable Act of 1992 and its certification by the FCC for regulating
rates for the basic service tier and rates for the equipment and installation
necessary to receive the basic service tier and other charges which may be
regulated by the franchising authority pursuant to the regulations adopted
by the FCC under the Cable Act of 1992, the franchising authority shall exercise
regulatory power over the rates charged or to be charged to a subscriber for
the basic service tier and for the equipment and installation necessary to
receive the basic service tier applicable to those subscribers of the cable
operator(s).
Appeals of all ratemaking decisions by the franchising authority may
be taken to the FCC by the cable operator(s), subscribers or other interested
parties.
A. Appeals must be filed within 30 days of the date of public
release of the franchising authority's opinion.
B. Oppositions to an appeal must be filed within 15 days
after the filing of the appeal and must be served on the party appealing.
C. Replies to oppositions shall be filed within seven days
of the filing of an opposition and served on all parties.