A.
To the extent permitted by federal law, including applicable
FCC rules and regulations, and state law, including applicable PSC rules and
regulations, the City Council is authorized to, and may choose to, regulate
the rates for basic multichannel service, which includes basic cable service
and those charges (such as converter rental outlet fees) associated with the
provision of multichannel service. In the event that the City Council chooses
to regulate rates for basic service, the City Council shall follow any, and
all, applicable FCC and PSC rules, regulations, and procedures concerning
rate regulation.
B.
Consistent with federal law, before the City Council
exercises its right to impose, approve, or deny the rates and charges for
multichannel service, the City Council must conduct a public hearing in which
to allow an affected MCS provider, or any other interested party, an opportunity
to express its views concerning said proposed rate regulation.
C.
Consistent with federal law, if the City Council requires
a refund with respect to a particular subscriber rate or charge, then if the
MCS provider actually paid the franchise fee and did not merely collect and
remit the franchise fee to the City, the MCS provider is eligible for a corresponding
reduction in and/or rebate of a portion of the franchise fee, or functional
equivalent, that was paid by the MCS provider for the period applicable to
the refund.
