The purpose of this ordinance is to regulate rates of cable
television basic service and associated equipment through adoption
of regulations consistent with the provisions of the Federal Communications
Act of 1934, as amended, including the Cable TV Consumer Protection
and Competition Act of 1992, Public Law 102-385 and the Federal Communication
Commission's Rules and Regulations promulgated pursuant thereto;
and to provide procedures applicable to rate regulation which offer
a reasonable opportunity for comment by interested parties.
The following words and terms used in this ordinance are defined
as follows:
ACT
The Federal Communications Act of 1934, as amended, specifically
including the amendments contained in the Cable Television Consumer
Protection and Competition Act of 1992, Public Law 102-385.
ARTICLE
This Cable Television Basic Service Regulation Ordinance
or Article.
ASSOCIATED EQUIPMENT
Equipment used by a subscriber to receive basic service cable
programming regardless of whether such equipment is also used to receive
other tiers of regulated programming service and/or unregulated tiers
of programming service(s). "Associated equipment" includes, but is
not limited to:
C.
Connections for additional television receivers; and
BASIC SERVICE
The level or tier of cable television programming which includes,
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); a public, educational, and/or governmental programming required
by the Franchise Authority to be carried as a basic service, and any
additional video programming signals added to the basic service by
the regulated cable operator.
EXISTING RATES
The rates for basic service and associated equipment charged
by a regulated cable operator on the initial date of regulation by
the Franchising Authority.
FCC
The United States Federal Communications Commission.
RATE INCREASE
An increase in rates for basic service and/or associated
equipment including, among others, increases in rates that are the
result of reductions in programming provided under the basic service.
REGULATED CABLE OPERATOR
Any operator of a cable television system that is subject
to regulation by a Certified Franchising Authority.
TOWNSHIP
The General Law Township of Putnam.
Any word or term that is not specifically defined in this ordinance
shall be given its normal, ordinary meaning; provided that any word
or term which is used in this ordinance and which is not specifically
defined in this ordinance but is defined in FCC rules or regulations
shall have the meaning given to such word or term in the FCC rules
and/or regulations.
Rules and/or regulations:
A. The Township, by this reference, hereby adopts all rules and regulations
regarding basic service rates and associated equipment rates that
the FCC promulgates pursuant to the act, and makes said rules and
regulations part of this ordinance.
B. The Township has submitted an application to the FCC for certification
as a cable Franchising Authority pursuant to the act. Upon certification
as a cable Franchising Authority, the Township shall regulate the
basic service rates and associated equipment rates in compliance with
the act, the FCC rules and/or regulations and this ordinance.
C. Upon receiving its certification, the Franchising Authority shall
send written notice of its certification and notice that it has adopted
the required regulations, return receipt requested, to all regulated
cable operators within the Township. The date upon which the Franchising
Authority gives this notice is the initial date of regulation.
Effective upon certification of the Township as a cable Franchising
Authority, the Township Board is hereby designated as the cable Franchising
Authority for the Township and shall execute the powers, duties and
responsibilities given to the cable Franchising Authority in this
ordinance, the act and the FCC rules and/or regulations.
The Franchising Authority shall issue a written order supported
by its reasons by resolution which:
A. Approves the regulated cable operator's existing rate or proposed
rate increase;
B. Disapproves the regulated cable operator's existing rate or
proposed rate increase;
C. Approves, in part, and disapproves, in part the regulated cable operator's
existing rate or proposed rate increase;
E. Prescribes a reasonable rate;
F. Determines that a refund hearing should be held pursuant to §
A350-15 of this ordinance; and/or
G. Orders any further appropriate relief permitted by this ordinance,
the act or the FCC rules and/or regulations.
The Franchising Authority may require the regulated cable operator
to produce documents needed to make rate decisions. Requests that
proprietary information be held confidential shall be supported by
the regulated cable operator and be handled in a manner analogous
to the procedures and criteria set forth in 47 CFR 0.459.