As used in this chapter, the following terms shall have the
meanings indicated:
BASIC SERVICE TIER
At a minimum, includes 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 operator(s)], any public, educational and governmental
programming required by the franchise agreement to be carried on the
basic tier and any additional video programming signals or service
added to the basic tier by the cable operators.
CABLE ACT OF 1992
Cable Television Consumer Protection and Competition Act,
Pub. L. No. 102 - 385, 106 Stat. 1460 (1992).
CABLE OPERATOR(S)
All cable television operators who are party to a current
franchise agreement with the franchising authority.
CABLE PROGRAMMING SERVICE
Any video programming provided over a cable television system,
regardless of service tier, including installation or rental of equipment
used for the receipt of such video programming, other than:
A.
Video programming carried on the basic service tier;
B.
Video programming offered on a pay-per-channel or pay-per-program
basis; or
C.
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service: i) consists of commonly identified video
programming; and ii) is not bundled with any regulated tier service.
CERTIFICATION
The certification received by the franchising authority from
the FCC empowering the franchising authority to regulate certain cable
television rates.
COST-OF-SERVICE RATE APPLICATION
A rate application filed in the manner prescribed and on
the forms adopted by the FCC. A cost-of-service rate application may
be submitted by a cable operator(s), in its sole discretion, in support
of its current rates or a proposed rate increase.
CURRENT RATES
Those rates in effect for the basic service tier and for
the equipment and installation necessary to receive the basic service
tier existing on the date when the franchising authority notifies
the cable operator(s) that it has received certification.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between one or more cable operator(s) and the
franchising authority pursuant to which the cable operator(s) was
granted a franchise to offer cable television services to subscribers.
MAXIMUM PERMITTED RATES
Those rates against which all rate applications shall be
measured. The maximum permitted rates shall be determined consistent
with the rules adopted by the FCC.
OPINION
An opinion issued by the franchising authority in response
to any rate application.
ORDER
An order issued by the franchising authority advising the
cable operator(s) and other interested parties of the franchising
authority's intent to take additional time to review and approve
or disapprove any rate application.
PRESCRIBED RATE
The rate prescribed by the franchising authority for the
basic service tier and/or for the equipment and installation necessary
to receive the basic service tier, which may differ from the proposed
rate submitted by the cable operator(s) in a rate application.
RATE APPLICATION
An application on the form adopted by the FCC to be submitted
by the cable operator(s) for approval of its current rates and/or
any proposed increase in the rates for the basic service tier and/or
for the equipment and installation necessary to receive the basic
service tier.
REFUND
Any refund ordered by the franchising authority of rates
charged for the basic service tier and/or the rates for the equipment
and installation necessary to receive the basic service tier pursuant
to the terms contained in §
132-4D(2).
SUBSCRIBER
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
Pursuant to the power and authority granted to the franchising
authority under the Cable Act of 1992, its certification by the FCC
for regulating rates for the basic service tier and rates for the
equipment and installation necessary to receive the basic service
tier and other charges which may be regulated by the franchising authority
pursuant to the regulations adopted by the FCC under the Cable Act
of 1992, the franchising authority shall exercise regulatory power
over the rates charged or to be charged to a subscriber for the basic
service tier and for the equipment and installation necessary to receive
the basic service tier applicable to those subscribers of the cable
operator(s).
Appeals of all rate-making decisions by the franchising authority
may be taken to the FCC by the cable operator(s), subscribers or other
interested parties.
A. Appeals must be filed within 30 days of the date of public release
of the franchising authority's opinion.
B. Opposition to an appeal must be filed within 15 days after filing
the appeal and must be served on the party appealing.
C. Replies to oppositions shall be filed within seven days of the filing
of an opposition and served on all parties.