[HISTORY: Adopted by the Town Board of the
Town of New Castle 5-24-1994 by L.L. No. 10-1994. Amendments noted
where applicable.]
The town shall follow the FCC (Federal Communications
Commission) rate regulations in its regulation of the basic service
rates and charges of Continental Cablevision and/or any other franchisee
hereafter operating in the town notwithstanding any different or inconsistent
provisions in any cable franchise.
A.
A franchisee that is notified that its basic service
and equipment rates are subject to rate regulation shall file, within
30 days of notification (but not earlier than November 15, 1993),
a submission (hereinafter the "rate filing") as required by FCC rate
regulations. The franchisee's rates affected by such notice shall
not be subject to increase except with the prior approval of the town
or as provided by FCC rate regulations.
B.
Every rate filing shall be submitted to the Town Clerk,
200 South Greeley Avenue, Chappaqua, New York 10514. Four copies of
the filing are required to be submitted. If the operator claims any
part of the filing is proprietary, it shall file four additional copies,
which shall omit the proprietary information.
C.
If external costs are included in the rate filing
and/or if different rates for classes of customers are proposed, the
rate filing is required to show how the rates are consistent with
FCC rate regulations. A franchisee shall respond to requests for information
from the town by deadlines established by the town.
D.
If the town finds that the initial rates and/or any
subsequent rate increases are within the FCC rate regulation standards,
the rates shall be effective 30 days after submission of the rate
filing.
E.
If the town is unable to determine whether the rate
at issue is within the FCC's benchmark standards, based on the
material submitted by the franchisee, or if the franchisee submitted
a cost of service showing, the town may take an additional period
of time to make a final determination and toll the effective date
of the proposed rates for a commensurate period. The town may take
an additional 90 days if it needs more time to ensure that a rate
is within the FCC's benchmark rate standards. The town may take
an additional 150 days to evaluate a cost-of-service showing. The
town shall issue a written decision regarding its invocation of the
additional time period and shall so notify the franchisee. If no action
is taken within the above-referenced time periods, the proposed rates
shall go into effect, subject to subsequent refund orders, if the
town later issues a decision disapproving any portion of the proposed
rates.
F.
The Town Board shall issue a written decision on its
findings in compliance with the FCC rate regulations. If rates are
in excess of the FCC rate regulations, the rates may be reduced by
the town pursuant to applicable FCC rate regulations.
G.
After the initial rate regulation procedures are followed,
any franchisee shall, in conjunction with each change in basic service
rates and charges, conform to FCC rate regulations.
H.
Every rate approved or prescribed shall be subject
to further reduction and refund, as allowed by FCC rate regulations.
I.
A franchisee shall be subject to all applicable penalties
and forfeitures under the town's franchise and FCC rate regulations.
J.
A franchisee is required to serve the town with all
filings made by the franchisee to the FCC related to the regulation
of basic service rates and charges in the town.
In connection with such regulation and except
where nondisclosure of information is authorized and necessary, the
town shall provide for public inspection of the rate filing and ensure
a reasonable opportunity for consideration of the views of interested
parties, including but not limited to the following.
A.
After receiving a rate filing, the Town Clerk or his/her
designee shall promptly publish a public notice that a filing has
been received and that, except for those parts which may be withheld
as proprietary pursuant to federal and/or state law, it is available
for public inspection. The notice shall state that interested parties
may comment on the filing and shall provide for any and all interested
parties to submit written comments on the filing to the Town Clerk
or his/her designee during the comment period. The comment period
shall be 10 days and shall commence on the date the notice is provided.
The franchisee may submit responses to comments by interested parties
during the comment period and for five days thereafter.
B.
If the town extends the period for its review by 90
days for a benchmark showing or 150 days for a cost-of-service showing
or for a longer period as allowed by FCC rate regulations, the period
for comment by interested parties shall be extended for a twenty-day
period commencing on the day the written decision extending the time
period is issued. The franchisee may respond to comments by interested
parties during such comment period and for five days thereafter.
C.
If the town prepares a public document analyzing the
rate filing, such document shall be made available to the franchisee.
The franchisee shall have three days, or such longer period as specified
by the town, to file a response with the town. Prior to prescribing
a rate or a refund, the town shall provide the franchisee with an
opportunity to comment on the proposed rate or refund.
D.
Notice of the public comment period for interested
parties shall be provided in accordance with local law.
The Town Supervisor or his/her designee is authorized
on behalf of the town to execute and file with the FCC such submissions
as are now or may hereafter be required by FCC rate regulations in
order to regulate basic service rates and charges and to establish
any additional procedures for the town and the franchisee in conformity
with FCC rate regulations. The town may utilize a rate consultant
to advise it on proposed rate changes and to assist it in the procedures
and the standards for review adopted by the FCC. A rate consultant
may be any person who has sufficient background and experience, in
the sole opinion of the town, to properly evaluate and analyze rates
and charges.
A.
If these provisions or any request for information
requires the production of proprietary information, the franchisee
is required to produce the information. However, a franchisee may
request that specific, identified portions of its response be treated
as confidential and withheld from public disclosure.
The franchisee must state the reasons why the information should be
treated as proprietary and the facts that support those reasons. The
request for confidentiality will be granted if the town determines
that nondisclosure is consistent with the provisions of the Freedom
of Information Act, 5 U.S.C. § 552, FCC rate regulations
and the New York State law, where applicable. If the franchisee requests
confidentiality and request is denied, where the franchisee is proposing
a rate increase, it may withdraw the proposal, in which case the allegedly
proprietary information will be returned to it; or the franchisee
may seek review within five working days of the denial in any appropriate
forum. Release of the information will be stayed until such time as
disclosure is required by law.
B.
A request by any interested person or party for public
disclosure and inspection of material withheld by the town as proprietary
shall be governed by the aforementioned federal and state law, where
applicable. The town will notify the franchisee of the disposition
of any request for public disclosure of information claimed by the
franchisee, and withheld by the town, as proprietary information.
The requesting party or the franchisee may seek review of any decision
by the town regarding proprietary information, by filing an appeal
with the appropriate form, as required by law. Disclosure of the information
in question will be stayed pending resolution of any appeal.
