This chapter shall be known and may be cited as the "Cable Television
Regulation Code."
As used in this chapter, the following terms shall have the
following meanings:
ASSOCIATED EQUIPMENT
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other tiers of regulated programming
service and/or unregulated service. "Associated equipment" includes,
but is not limited to, converter boxes, remote control units, connections
for additional television receivers, and other cable home wiring.
BASIC SERVICE RATE
The rate charged by a cable operator for basic service and
associated equipment costs.
BASIC SERVICES
At a minimum, 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
system; any public, educational, and governmental programming required
to be carried on the basic tier; and any additional video service
or other programming service added to the basic tier by the cable
operator.
CABLE ACT OF 1992
The Cable Television Consumer Protection and Competition
Act of 1992, Pub. L. 102-385, amending the Cable Communications Policy
Act of 1984, Pub. L. 98-549, and all regulations promulgated thereunder,
as the foregoing may be amended from time to time.
CABLE OPERATOR
Any person or group of persons who:
A.
Provides cable service over a cable system and who directly
or through one or more affiliates owns a significant interest in such
cable system; or
B.
Otherwise owns, controls or is responsible for, through any
arrangement, the management and operation of a cable system.
CABLE SERVICE
Both:
A.
The one-way transmission to subscribers of video programming
or other programming service; and
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment,
that is designed to provide cable service, which includes video programming
and which is provided to multiple subscribers within a community,
but does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations;
B.
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way;
C.
A facility of a common carrier except to the extent that such
facility is used in the transmission of video programming directly
to subscribers; or
D.
Any facilities of any electric utility used solely for operating
its electric utility systems.
FCC
The Federal Communications Commission of the federal government.
NORMAL BUSINESS HOURS
Those hours during which most similar businesses in the community
are open to serve customers. In all cases, "normal business hours"
includes some evening hours at least one night per week and weekend
hours.
NORMAL OPERATING CONDITIONS
Those service conditions which are within the control of
the cable operator. Those conditions which are not within the control
of the cable operator include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily
within the control of the cable operator include, but are not limited
to, special promotions, pay-per-view events, rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the
cable system.
In issuing its rulings the Board shall have the full authority
granted to it pursuant to the Cable Act of 1992 to order a cable operator
to take any and all actions as the law permits, including, without
limitation:
A. Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the Cable Act of 1992.
B. Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C. Ordering 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 under the Cable
Act of 1992. Before ordering such a refund, however, the Board shall
give the cable operator notice of its intention to issue such order
and shall give the operator 15 days from the date such notice is given
to submit written comments to the Board. Any such refund order shall
be further subject to the limitations contained in the Cable Act of
1992.
D. Ordering the cable operator to issue credits or pay refunds to the
subscribers to the cable operator's system.
E. Filing suit against a cable operator to compel specific performance.
F. Conducting performance evaluations at the time of renewal of the
cable operator's franchise agreement.
Until the Board is duly constituted, the Mayor and the City
Clerk are hereby authorized to execute any documents and file such
forms as are necessary to obtain certification from the FCC.
All franchise agreements between the City and any cable operator
are abrogated to the extent inconsistent herewith, except to the extent
abrogation is not required by the Cable Act of 1992 or the regulations
promulgated thereunder.
This chapter is enacted under the authority of the Cable Act
of 1992, which permits local franchising authorities to regulate cable
television basic tier rates and other matters, subject to certain
substantive and procedural limitations.
In interpreting and applying the provisions of this chapter,
these provisions shall be construed as broadly as required for the
maintenance of peace, good government, safety, and welfare of the
City, its citizens and its trade, commerce and manufacture.
This chapter is intended to conform to the Cable Act of 1992.
If a court of competent jurisdiction declares any provision of this
chapter to be in conflict with the said Act, the Act will control
to the extent that any provision declared to be in conflict with the
Cable Act of 1992 shall not apply. Any ordinance in conflict herewith
is hereby repealed.
Any person who violates the provisions of this chapter shall be subject to the general code penalty, §
1-301.99 of these Codified Ordinances.