In connection with the regulation of rates for basic cable service
and associated equipment, the Charter Township of Cascade shall follow
all FCC Rules.
After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under §
135-4A above unless the Township Board (or other properly authorized body or official) tolls the thirty-day deadline pursuant to 47 CFR 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The Township Board may toll the thirty-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
If a written order has been issued pursuant to §
135-7 and 47 CFR 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the Township any additional information required or requested pursuant to §
135-4 of this chapter. In addition, the Township Board shall hold a public hearing to consider the comments of interested parties within the additional ninety-day or one-hundred-fifty-day period, as the case may be. The Township Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the Township which shall state: 1) the date, time, and place at which the hearing shall be held; 2) interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and 3) copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing. In addition, the Township Clerk shall mail by first-class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
Following the public hearing, the Township Manager shall cause a report to be prepared for the Township Board which shall (based on the filing of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant's review, and other appropriate information) include a recommendation for the decision of the Township Board pursuant to §
135-10. The Township Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before the Township Board acts under §
135-10. The cable operator may file a written response to the report with the Township Clerk. If at least 10 copies of the response are filed by the cable operator with the Township Clerk within 10 days after the report is mailed to the cable operator, the Township Clerk shall forward it to the Township Board.
The Township Board shall issue a written order, by resolution or otherwise, which, in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the Township Board issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR 76.933. The order specified in this section shall be issued within 90 days after the tolling order under §
135-7 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under §
135-7 in all cases involving a cost-of-service showing.
The Township Board may order a refund to subscribers as provided
in 47 CFR 76.942. Before the Township Board orders any refund to subscribers,
the Township Clerk shall give at least seven days written notice to
the cable operator by first-class mail of the date, time, and place
at which the Township Board shall consider issuing a refund order
and shall provide an opportunity for the cable operator to comment.
The cable operator may appear in person, by agent, or by letter at
such time for the purpose of submitting comments to the Township Board.
Any order of the Township Board pursuant to §
135-10 or
135-11 shall be in writing, shall be effective upon adoption by the Township Board, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the Township which shall summarize the written decision and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition, the Township Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
In addition to rules promulgated pursuant to §
135-4, the Township Board may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.
The failure of the Township Clerk to give the notices or to
mail copies of reports as required by this chapter shall not invalidate
the decisions or proceedings of the Township Board so long as there
is substantial compliance with this chapter.
In addition to the requirements of this chapter, the Township
Board may, in its sole discretion, hold additional public hearings
upon such reasonable notice as the Township Board shall prescribe.
The Township shall possess all powers conferred by the Act,
the FCC Rules, the cable operator's consent agreement, and all
other applicable law. The powers exercised pursuant to the Act, the
FCC Rules, and this chapter shall be in addition to powers conferred
by law or otherwise. The Township may take any action not prohibited
by the Act and the FCC Rules to protect the public interest in connection
with basic cable service rate regulation.
The Township may pursue any and all legal and equitable remedies
against the cable operator (including, without limitation, all remedies
provided under a cable operator's consent agreement with the
Township) for failure to comply with the Act, the FCC Rules, any orders
or determinations of the Township pursuant to this chapter, any requirements
of this chapter, or any rules or regulations promulgated hereunder.
Subject to applicable law, failure to comply with the Act, the FCC
Rules, any orders or determination of the Township pursuant to this
chapter, any requirements of this chapter, or any rules and regulations
promulgated hereunder shall also be sufficient grounds for revocation
or denial of renewal of a cable operator's consent agreement.