Cross Reference — As to video services providers, see ch. 627.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
This Chapter governs the regulation of rates for basic cable
television service and associated equipment provided within the City
and sets forth a complaint procedure as required by the Telecommunications
Act of 1996 for rates for cable programming services. The City will
enforce and interpret this Chapter in accordance with Federal and
State law, including all pertinent Federal Communications Commission
("FCC") regulations.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Filings By Cable Operators.
1.
Filings — when made. Within thirty (30) days after
the initial date of regulation of its basic service tier under this
Chapter (or June 15, 1994, if later), a cable operator must file its
schedule of rates for the basic service tier and associated equipment,
a full description of the services available in the basic service
tier, and all forms prescribed by the FCC to establish initial regulated
rates for the basic service tier and associated equipment, unless
the cable system is eligible for streamlined rate reductions under
FCC regulations and implements the required reduction and provides
written notice thereof in accordance with FCC regulations. In addition,
after initial regulated rates have been established to change regulated
rates for the basic service tier and associated equipment, a cable
operator must file thirty (30) days before the proposed effective
date of the change any proposed new schedule of rates, related description
of the services available in the basic service tier, all forms prescribed
by the FCC, and proof of customer notice as required by the FCC. Rate
changes include decreases, including annual reductions due to decreases
in external costs and quarterly reductions due to decreases in programming
costs resulting from deletion of a channel or channels from the basic
service tier.
2.
Filings — where made. Every rate filing must be submitted
to the cable coordinator (hereinafter "Coordinator") designated by
the City. A rate filing shall be considered filed for review on the
date all required forms (correctly completed) and supporting materials
and all required copies are submitted to the Coordinator. If a filing
is incomplete, the Coordinator may require the cable operator to supplement
the filing and all time deadlines regarding the City's review of the
filing shall be suspended.
3.
Filings — cover letter and copies.
a.
Every
rate filing must be accompanied by a covering letter which states
whether the filing concerns existing rates, proposes a rate increase,
or proposes a rate decrease. The covering letter must also identify
any elections the cable operator is making regarding applicable FCC
regulations. The covering letter must state whether the cable operator
claims any of the information it has submitted is proprietary. The
covering letter must also contain a brief, narrative description of
any proposed changes in rates or in service, including the precise
amount of any rate change and an explanation of the cause thereof,
and the identification of any added or deleted channels.
b.
An
original and fifteen (15) copies of each rate filing (including all
supporting materials) must be submitted.
4.
Filings — standard of review.
a.
Basic service tier rates.
(1)
Permitted charges prior to May 15, 1994. For service
prior to May 15, 1994, the permitted per channel charge shall be,
at the election of the cable operator made at the time it files the
prescribed forms, either:
(2)
Permitted charges as of May 15, 1994. As of May
15, 1994, the permitted charge for the basic service tier shall be,
at the election of the cable operator made at the time it files the
prescribed forms to establish initial regulated rates; either:
(a)
A rate determined pursuant to a cost-of-service showing in accordance
with FCC regulations;
(b)
The full reduction rate as defined by the FCC;
(c)
The transition rate as defined by the FCC, if the system is eligible
for transition relief under FCC regulations; or
(d)
A rate based on streamlined rate reduction as defined by the FCC,
if the system is eligible to implement such a rate reduction under
FCC regulations and implements the required reduction and provides
written notice thereof in accordance with FCC regulations.
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The transition rate shall be adjusted within thirty (30) days
after a determination by the City that the rate in effect on March
31, 1994, was different than that permitted under FCC regulations,
and any applicable refunds will be made in accordance with this Chapter
and FCC regulations. The transition rate or rate based on streamlined
rate reduction shall be subject to change as authorized by the FCC
or as requested by the cable operator in accordance with this Chapter
and FCC regulations.
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(3)
Permitted charges after May 15, 1994. After May
15, 1994, the permitted charge for the basic service tier shall be,
at the election of the cable operator made at the time it files the
prescribed forms, either:
b.
Basic service equipment and installation rates. Rates for
equipment and installations used to receive basic service shall not
exceed charges based on actual costs in accordance with FCC regulations.
Rates for customer equipment and installation and additional connections
shall be unbundled. Equipment charges may include a properly allocated
portion of franchise fees. Monthly usage charges for additional television
receivers are not permitted. A cable operator may sell equipment to
subscribers at prices which recover costs. A cable operator may sell
equipment service contracts for equipment sold to subscribers, in
accordance with FCC regulations. Promotional offerings are acceptable,
so long as they are reasonable in scope, not unreasonably discriminatory,
and are not subsidized by cost recovery through increases in equipment
cost elements or increases in programming service rates above the
maximum level prescribed by FCC regulations.
c.
Charges for customer changes. Charges for customer changes
in service tiers effected solely by coded entry on a computer terminal
or similarly simple methods shall be a nominal amount not exceeding
actual costs, except on approval by the City and advance notice to
subscribers the cable operator may establish a higher charge for changes
by subscribers changing service tiers more than two (2) times in a
twelve (12) month period. Other charges for customer changes in service
tiers or equipment shall be based on actual cost. Downgrade charges
that are the same as or less than reasonable upgrade charges are reasonable.
For thirty (30) days after notice of retiring or rate increases, customers
shall be able to change service tiers at no additional charge.
d.
Burden of proof. The cable operator has the burden of proving
its charges are in accordance with this Chapter and FCC regulations.
B.
Initial City Action On Filing. After receiving a rate filing,
the following steps will be taken.
1.
Notice published — public comments received. The City
promptly shall publish a notice to the public that a filing has been
received. The notice shall state that the filing is available for
public review, except for those parts withheld as proprietary, and
shall state reasonable time(s) and place(s) for such review. The notice
shall state that interested parties may comment on the filing and
shall establish the time and manner in which interested parties may
submit their comments in light of the date by which the City must
act upon the filing.
2.
Coordinator recommendations. The Coordinator shall submit
recommendations for action to the Board of Aldermen within ten (10)
days of receipt of a filing and shall give contemporaneous notice
thereof to the cable operator and the public.
3.
Cable operator response. A cable operator shall be given
an opportunity to respond to public comments and Coordinator recommendations
regarding its filing. The Coordinator's recommendations shall establish
the time and manner in which the cable operator must submit its comments
in light of the date by which the City must act upon the filing.
4.
Order issues. Within thirty (30) days of the date of the filing, the Board of Aldermen shall issue a written order, which may be in any lawful form. The order shall approve the proposed rates in whole or in part; deny the proposed rates in whole or in part; or state that additional time is required to review the filing because the City is unable to determine, based on the material submitted by the cable operator, that the rates are in accordance with FCC regulations. An order stating additional time is required shall permit the cable operator to cure any deficiency in its filing by submitting a supplementary filing as provided in Subsection (C). If the City disapproves the proposed rates, it may order a reduction or prescribe rates where necessary to bring rates into compliance with this Chapter and FCC regulations.
5.
Effective date of filing. Unless the Board of Aldermen disapproves the filing or issues an order stating that additional time is required to review the filing within thirty (30) days after the filing date, initial rates will remain effective or proposed rates will become effective. Unless the order or a subsequent order states otherwise, if the City decides more time is required to review the filing, the filing will remain subject to disapproval until after, and no proposed change will go into effect any earlier than, the time for further action by the City provided in Subsection (C)(6) has passed. If the City takes no action within the time provided in Subsection (C)(6), initial rates shall remain in effect or proposed rates shall take effect, subject to refund if applicable.
6.
Order released and notice published. Notice of the rate
order shall be given to the cable operator. A public notice shall
be published stating that the order has been issued and is available
for review at specified reasonable time(s) and place(s).
C.
Further Review After Tolling Order. If the City issues a
tolling order stating that additional time is required to review a
filing, then the following steps shall be taken.
1.
Supplementary filing submitted. The cable operator shall submit a supplementary filing within twenty (20) days from the date the tolling order issues, containing corrections, if any, to its filing and any additional information necessary to support the proposed rate, including information the City directs the cable operator to include in the supplementary filing. Supplementary filings must be filed in accordance with Subsection (A)(2).
2.
Notice published — public comments received. The City
shall publish a notice to the public that interested parties may submit
additional comments. The notice shall be published after the date
scheduled for submission of any supplementary filing. The notice shall
state that any supplementary filing or additional information provided
by the cable operator will be available for public review at specified
reasonable time(s) and place(s), except for those parts withheld as
proprietary. The notice shall establish the time and manner in which
interested parties must submit their comments in light of the date
by which the City must take further action.
3.
Coordinator recommendations. The Coordinator shall submit
any further recommendations to the Board of Aldermen within twenty
(20) days from receipt of the cable operator's supplementary filing
and shall give notice of the recommendations to the cable operator
and the public.
4.
Cable operator response. The cable operator shall be given
an opportunity to respond to public comments and the Coordinator's
recommendations regarding its filing. The Coordinator's recommendations
shall establish the time and manner in which the cable operator must
submit its comments in light of the date by which the City must act
upon the filing.
5.
Order issues. The Board of Aldermen shall issue a written
order, which may be in any lawful form, approving the proposed rate
in whole or in part; denying the proposed rate in whole or in part;
or allowing the rate to go into effect in whole or in part, subject
to refund, pending further investigation. If the City disapproves
the proposed rate, it may order a reduction or prescribe rates where
necessary to bring rates into compliance with this Chapter and FCC
regulations. If the Board of Aldermen issues an order allowing the
rates to go into effect subject to refund, it shall also direct the
cable operator to keep an accurate account of all amounts received
by reason of the rates in issue and on whose behalf such amounts were
paid.
6.
Time for order. The order specified in Subsection (C)(5) of this Section shall be issued within ninety (90) days after the tolling order for any filing not involving cost-of-service showings. The order shall be issued within one hundred fifty (150) days of the tolling order for any filing involving cost-of-service showings.
7.
Order released and notice published. Notice of the rate
order shall be given to the cable operator. A public notice shall
be published stating that the order has been issued and is available
for review at specified reasonable time(s) and place(s).
8.
Effect of order for further investigation. If the rate order
provides for further investigation, the City shall provide for appropriate
additional opportunities for comment by interested parties and the
cable operator. Notice of any subsequent rate order completing the
investigation shall be given to the cable operator. A public notice
shall be published stating that the order has been issued and is available
for review at specified reasonable time(s) and place(s).
9.
Effect of failure to file. If a cable operator fails to file its initial schedule of rates and related materials by the deadline established in Subsection (A)(1), the City shall hold the cable operator in default and proceed to make a determination as to the reasonableness of the cable operator's rates and order appropriate relief without the participation of the cable operator.
D.
Remedies And Refunds.
1.
Orders. The City may order reductions or prescribe rates
as provided by this Chapter and FCC regulations. The City may order
the cable operator to make refunds including interest, in accordance
with FCC regulations.
2.
Time for implementing. A cable operator must implement remedial
requirements, including prospective rate reductions and refunds, within
sixty (60) days after the City issues an order mandating a remedy.
The relief must be effective as of the date the order issues.
3.
Filing confirming implementation. Within sixty (60) days
of the date an order mandating a remedy is issued, a cable operator
must file a certification, signed by an authorized representative,
stating: whether the cable operator has complied fully with all provisions
of the order; describing in detail the precise measures taken to implement
the order; and showing how any reductions or refunds (including interest)
were calculated and made.
4.
Deferral. Refund liability will be deferred if required
by FCC regulations.
E.
Small Systems. Small systems shall be regulated in accordance
with FCC regulations.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Rate Orders Must Be Written. Any rate order shall be in
writing, and shall explain the basis for the City's decision.
B.
Notice To And Comment By Cable Operator. Before prescribing
a rate or ordering a reduction or a refund to subscribers, the City
shall ensure the cable operator has had notice and opportunity to
comment on the proposed rate, reduction or refunds.
C.
Any Lawful Action Permitted. The City may take any steps
that it is not prohibited from taking by Federal or State law to protect
the public interest as part of any rate order or by any other means.
By way of illustration and not limitation, it may require refunds,
set rates, and impose forfeitures and penalties directly or through
its delegated representatives, and enforce refund orders.
D.
Orders Subject To Revision. Every order approving or setting
a rate shall be subject to revision to the extent permitted under
applicable laws and regulations, as the same may be amended from time
to time.
E.
Public Information. All filings, comments, recommendations,
responses, and orders shall be available for public inspection except
to the extent proprietary material is withheld. Inspection can be
made upon request to the Coordinator. All such materials regarding
a particular filing will be made a part of the record before the Board
of Aldermen acts thereon.
F.
No Discrimination. No cable operator shall discriminate
among subscribers or potential subscribers to cable service. The City
shall not prohibit a cable operator from offering reasonable discounts
to senior citizens or to economically disadvantaged groups as defined
by the FCC, so long as such discounts are offered equally to all subscribers
in the franchise area who qualify as a member of the category or reasonable
subcategory.
G.
"A La Carte" Offerings. In reviewing a basic service rate
filing, the City may make an initial decision addressing whether a
collective offering of "a la carte" channels will be treated as unregulated
service or a regulated tier. Such decision must be made within the
first thirty (30) days established for review of basic service rates,
or within sixty (60) days thereafter if a tolling order issues. The
City shall provide notice of its decision to the cable operator and
the public within seven (7) days of making the decision. Such an initial
decision shall toll the time periods within which the City must decide
upon rate filings until seven (7) days after the FCC decides any interlocutory
appeal or, if no appeal is taken, until seven (7) days after the expiration
of the time for filing an interlocutory appeal. Alternatively, the
City may reserve its decision until it issues its final decision on
the rate filing.
H.
Rate Complaints For Cable Programming Service Tier ("CPST"). Until March 31, 1999, the FCC has exclusive jurisdiction over CPST
rates. The City, however, may file complaints with the FCC concerning
a cable operator's CPST rate changes upon receiving at least two (2)
timely subscriber complaints as provided herein.
1.
Notice to subscribers of CPST changes. Each cable operator
shall provide the City and subscribers with thirty (30) days advance
written notice of the effective date of any increase or decrease for
cable programming service or equipment rates or changes in programming
services or channel positions as required by FCC regulations. The
notice shall include the name, address and phone number of the City
and, with regard to any rate change for cable programming services
or equipment the notice shall also:
a.
State
in readily understandable fashion the precise amount and cause of
the rate change;
b.
When
the change involves the addition or deletion of channels, separately
identify each channel added or deleted; and
c.
Inform
subscribers of their right to file a complaint with the City within
ninety (90) days of the effective date of the rate change.
2.
Complaint procedures.
a.
Subscribers
may file complaints with the City in response to CPST rate changes
as provided by FCC rules. The City shall receive and record subscriber
complaints, and the Coordinator shall assist subscribers in the preparation
and making of such complaints. Subscribers shall have ninety (90)
days after the effective date of any CPST rate change within which
to complain.
b.
If
the Coordinator receives at least two (2) complaints within the prescribed
ninety (90) day window, the Coordinator shall advise the Board of
Aldermen thereof and, if authorized by the Board of Aldermen, shall
file a complaint with the FCC within one hundred eighty (180) days
after the effective date of any such rate increase.
c.
Before
filing with the FCC, however, the Coordinator shall give written notice
to the operator of the City's intention to file a complaint by mailing
a copy of the proposed complaint to the operator, return receipt requested.
Said notice shall be mailed by the City no later than the one hundred
forty-fifth (145th) day following the effective date of the complained
of rate increase. The operator shall be deemed served with the notice
as of the date of mailing. The operator shall have thirty (30) days
within which to file with the City a response to the complaint justifying
the rate increase.
d.
After
receiving the operator's response the Coordinator shall then file
the City's complaint, and the operator's response, if any, with the
FCC. If the operator does not respond, the City shall so note on its
complaint form.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Duty To Respond. A cable operator and any other entity that
has records of revenues or expenses that are or may be allocated to
the cable operator's system must respond to requests for information
from the City. A cable operator is responsible for ensuring that such
other entity responds to the City's requests.
B.
Time For Response. Complete responses to information requests
must be submitted by reasonable deadlines established by the City.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Cable Operator Must Maintain Books And Records. It is each
cable operator's responsibility to keep books and records of account
so that it can comply fully with this Chapter and any City order issued
hereunder, as well as FCC regulations.
B.
Filings Must Be Complete. It is each cable operator's duty
to submit as complete a filing as possible, and knowingly withholding
information or making a filing that is incomplete under applicable
law shall be treated as a violation of this Chapter.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
The Coordinator
shall be responsible for administering the provisions of this Chapter.
Without limitation and by way of illustration, the Coordinator shall:
1.
Providing notices. Ensure notices are given to the public
and each cable operator as required herein and by FCC regulations.
The cable operator can be provided notice by publication, mail, fax
or any other reasonable means. The public can be provided notice by
publication, posting, or any other reasonable means.
2.
Submitting information requests. Submit requests for information to the cable operator and establish deadlines for response to them, as provided in Section 625.040. Requests can be provided to the cable operator by mail, fax or any other reasonable means.
3.
Waiving requirements. For good cause, waive any provision
herein or extend any deadline for filing or response except as to
such matters as are mandatory under FCC regulations.
4.
Ruling on confidentiality requests. Rule on any request
for confidentiality.
5.
Preparing recommendations. Prepare recommendations to the
Board of Aldermen. If the recommendation is that any proposed rate
be rejected in whole or in part, the Coordinator shall, to the extent
possible, propose a rate and explain the basis for the recommendation
(it may propose that rates remain at existing levels); recommend whether
and on what basis refunds should be issued; and notify the cable operator
of its recommendation at the time it is submitted to the Board of
Aldermen.
6.
Coordination of rate complaints for cable programming services. Accept, assist in the preparation of, and monitor subscriber complaints concerning any rate change for cable programming services or equipment and file any necessary complaint with the FCC as directed by the Board of Aldermen, all as provided in Section 625.030(H).
[Ord. No. 1338 §§1 —
2, 12-3-1996]
To the extent permitted by law, the City may conduct cable regulation
pursuant to this Chapter jointly with other municipalities in St.
Louis County, Missouri, served by the same cable operator, including,
but not limited to, joint certification, acting through a common Coordinator,
holding joint proceedings, providing joint notices, and conducting
joint reviews of filings. The Board of Aldermen shall retain the final
authority to make determinations hereunder and shall issue separate
orders.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Except
as prohibited by Federal or State law, a cable operator which violates
this Chapter or any City order issued hereunder directed specifically
to the cable operator shall be subject to penalties and forfeitures
under the Municipal Code or, if applicable, the City's Cable Ordinance.
B.
Charging
or filing for approval of a rate that is later determined to be unreasonable
is not in and of itself an evasion of Federal or local rate regulation,
and does not provide a basis for assessing penalties or forfeitures.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
Requests For Protection Of Proprietary Information. If this
Chapter, or any request for information made pursuant hereto, requires
the production of proprietary information, a cable operator must produce
the information. However, at the time the allegedly proprietary information
is submitted, a cable operator may request that specific, identified
portions of its response be treated as confidential and withheld from
public disclosure. The request must state the reason why the information
should be treated as proprietary and the facts that support those
reasons. Requests for confidential treatment, or for inspection of
proprietary information, will be reviewed and decided by the Coordinator
in accordance with applicable FCC regulations and applicable State
and local law.
B.
Identification Of Proprietary Information. Information that
the cable operator claims is proprietary must be clearly identified
as such by the cable operator. If it is part of a larger submission,
such as a rate filing, the proprietary information must be segregated
from the remainder of the submission. It must also be clearly marked
so that the City may determine where the proprietary information belongs
within and how it relates to the remainder of the submission.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
Any cable operator may petition for a change in regulatory status
based on development of effective competition, and the City shall
consider such a petition in accordance with FCC regulations. The cable
operator must file an original and fifteen (15) copies of the petition
with the Coordinator. If there are multiple cable operators providing
locally-regulated service within the City, each operator must file
a separate petition and receive a separate decision from the City.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A.
A cable
operator shall itemize its bills so that the charges for basic service,
equipment and installation are separately stated. A cable operator
may, but is not required to, identify as a separate line item on each
regular bill of each subscriber, in accordance with FCC regulations:
1.
The
amount of the total bill assessed as a franchise fee and the identity
of the franchising authority to which the fee is paid;
2.
The
amount of the total bill assessed to satisfy any requirements imposed
on the cable operator by the franchise agreement to support public,
educational, or governmental channels or the use of such channels;
and
3.
The
amount of any other fee, tax, assessment, or charge of any kind imposed
by any governmental authority on the transaction between operator
and the subscriber. In order for a governmental fee or assessment
to be separately identified under this Subsection, it must be directly
imposed by a governmental body on a transaction between a subscriber
and an operator. The charge identified on the subscriber's bill as
the total charge for cable service shall include all itemized fees
and costs.
[Ord. No. 1338 §§1 —
2, 12-3-1996]
A cable operator shall not impose a late charge upon any subscriber
who pays for service within fifteen (15) days after the end of the
month in which the service was provided. Late charges shall not exceed
three-quarters of one percent (0.75%) per month.
