[Ord. No. 484,
passed 9-13-1993]
For purposes of this chapter:
(a)
ACT — Means the Communications Act of 1934, as amended (and
specifically as amended by the Cable Television Consumer Protection
and Competition Act of 1992, P.L. 102-385), and as may be amended
from time to time.
(b)
ASSOCIATED EQUIPMENT — Means all equipment and services subject
to regulation pursuant to 47 CFR 76.923.
(c)
BASIC CABLE SERVICE — Means "basic service" as defined in the
FCC Rules and any other cable television service which is subject
to rate regulation by the City pursuant to the Act and the FCC Rules.
(d)
FCC — Means the Federal Communications Commission.
(e)
FCC RULES — Means all rules of the FCC promulgated from time
to time pursuant to the Act.
(f)
INCREASE IN RATES — Means an increase in rates or a decrease
in programming or customer services as provided in the FCC Rules.
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All other words and phrases used in this chapter shall have
the same meanings given in the Act and the FCC Rules.
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[Ord. No. 484,
passed 9-13-1993]
The purpose of this chapter is to:
(a)
Adopt regulations consistent with the Act and the FCC Rules with
respect to basic cable service rate regulation; and
(b)
Prescribe procedures to provide a reasonable opportunity for consideration
of the views of interested parties in connection with basic cable
service rate regulation by the City.
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This chapter shall be implemented and interpreted consistent
with the Act and the FCC Rules.
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[Ord. No. 484,
passed 9-13-1993]
In connection with the regulation of rates for basic cable service
and associated equipment, the City shall follow all FCC Rules.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
(a)
A cable operator shall submit its schedule of rates for the basic
service tier and associated equipment or a proposed increase in such
rates in accordance with the Act and the FCC Rules. The cable operator
shall include, as part of its submission, such information as is necessary
to show that its schedule of rates or its proposed increase in rates
complies with the Act and the FCC Rules. The cable operator shall
file 10 copies of the schedule of rates or proposed increase in such
rates with the City Clerk. For purposes of this chapter, the filing
of the cable operator shall be deemed to have been made when at least
10 copies have been received by the City Clerk. Council may, by resolution
or otherwise, adopt rules and regulations as allowed by law prescribing
the information, data and calculations which must be included as part
of the cable operator's filing of the schedule of rates or proposed
increase in such rates.
(b)
In addition to information and data required by rules and regulations of the City adopted pursuant to subsection (a) hereof, a cable operator shall provide all information requested by the City Manager that is related and helpful in connection with the City's review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in such rates. The City Manager may establish reasonable deadlines for submission of the requested information, and the cable operator shall comply with such deadlines.
(c)
A cable operator has the burden of proving that its schedule of rates
for the basic service tier and associated equipment or a proposed
increase in such rates complies with the Act and the FCC Rules, including,
without limitation, 47 USC 543 and 47 CFR 76.922 and 76.923.
[Ord. No. 484,
passed 9-13-1993]
(a)
If this chapter, any rules or regulations adopted by the City pursuant to Section 814.04(a), or any request for information pursuant to Section 814.04(b), requires the production of proprietary information, the cable operator shall 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. The request for confidentiality will be granted if the City determines that the preponderance of the evidence shows that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 USC 552. The City shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied:
(1)
Where the cable operator is proposing a rate increase, it may
withdraw the proposal, in which case the allegedly proprietary information
will be returned to it; or
(2)
The cable operator may seek review within five working days
of the denial in any appropriate forum. Release of the information
will be stayed pending review.
(b)
Any interested party may file a request to inspect material withheld
as proprietary with the City. The City shall weigh the policy considerations
favoring nondisclosure against the reasons cited for permitting inspection
in light of the facts of the particular case. It will then promptly
notify the requesting entity and the cable operator that submitted
the information as to the disposition of the request. It may grant,
deny or condition a request. The requesting party or the cable operator
may seek review of the decision by filing an appeal with any appropriate
forum. Disclosure will be stayed pending resolution of any appeal.
(c)
The procedures set forth in this section shall be construed as analogous
to, and consistent with, the rules of the FCC regarding requests for
confidentiality, including, without limitation, 47 CFR 0.459.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to Section 814.04(a), the City Clerk shall publish a public notice in a newspaper of general circulation in the City which shall state that:
(a)
The filing has been received by the City Clerk and (except for those
parts which may be withheld as proprietary) is available for public
inspection and copying; and
(b)
Interested parties are encouraged to submit written comments on the
filing to the City Clerk not later than seven days after the public
notice is published.
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The City Clerk shall give notice to the cable operator of the
date, time and place of the meeting at which Council shall first consider
the schedule of rates or the proposed increase of such rates. This
notice shall be mailed by first-class mail at least three days before
the meeting. In addition, if a written staff or consultant's report
on the schedule of rates or the proposed increase of such rates is
prepared for consideration of Council, then the City Clerk shall mail
a copy of the report by first-class mail to the cable operator at
least three days before the meeting at which Council shall first consider
the schedule of rates or the proposed increase of such rates.
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[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
(a)
After a cable operator has filed its existing schedule of rates or a proposed increase in such 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 Section 814.04(a), unless Council (or another 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. Council 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.
(b)
If a written order has been issued pursuant to subsection (a) hereof 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 such rates, the cable operator shall submit to the City any additional information required or requested pursuant to Section 814.04. In addition, Council shall hold a public hearing to consider the comments of interested parties within the additional ninety-day or one-hundred-day period, as the case may be. The City Clerk/Assessor shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state:
(1)
The date, time and place at which the hearing shall be held;
(2)
That 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 such rates; and
(3)
That copies of the schedule of rates or the proposed increase
in such rates and related information (except those parts which may
be withheld as proprietary) are available for inspection or copying
from the office of the City Clerk. The public notice shall be published
not less than 15 days before the hearing. In addition, the City 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.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
Following the public hearing provided for in Section 814.07, the City Manager shall cause a report to be prepared for Council which shall include (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) a recommendation for the decision of Council provided for in Section 814.09. The City Clerk shall mail a copy of the report to the cable operator by first-class mail not less than 20 days before Council acts under Section 814.09. The cable operator may file a written response to the report with the City Clerk. If at least 10 copies of the response are filed by the cable operator with the City Clerk within 10 days after the report is mailed to the cable operator, the City Clerk shall forward it to Council.
[Ord. No. 484,
passed 9-13-1993]
Council 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 in such rates, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase in such rates to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If Council issues an order allowing the existing rates or proposed increase in such rates 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 of the tolling order provided for in Section 814.07 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order provided for in Section 814.07 in all cases involving a cost-of-service showing.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
Council may order a refund to subscribers as provided in 47
CFR 76.942. Before Council orders any refund to subscribers, the City
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 Council 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 Council.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
Any order of Council pursuant to Section 814.09 or 814.10 shall be in writing, shall be effective upon adoption by Council and shall be deemed released to the public upon adoption. The City Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the City which shall:
[Ord. No. 484,
passed 9-13-1993]
In addition to rules promulgated pursuant to Section 814.04, Council 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.
[Ord. No. 484,
passed 9-13-1993; Ord. No. 700, passed 1-23-2006]
The failure of the City Clerk to give the notices or to mail
copies of reports as required by this chapter shall not invalidate
the decisions or proceedings of Council so long as there is substantial
compliance with this chapter.
[Ord. No. 484,
passed 9-13-1993]
In addition to the requirements of this chapter, Council may,
in its sole discretion, hold additional public hearings upon such
reasonable notice as Council, in its sold discretion, shall prescribe.
[Ord. No. 484,
passed 9-13-1993]
The City shall possess all powers conferred by the Act, the
FCC Rules, the cable operator's franchise and all other applicable
laws. 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 City 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.
[Ord. No. 484,
passed 9-13-1993]
The City may pursue any and all legal and equitable remedies
against the cable operator (including, without limitation, all remedies
provided under a cable operator's franchise with the City) for failure
to comply with the Act, the FCC Rules, any orders or determinations
of the City 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
determinations of the City 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 franchise.
[Ord. No. 484,
passed 9-13-1993]
In the event of any conflict between a provision of this chapter
and a provision of any prior ordinance or any franchise, permit, consent
agreement or other agreement with a cable operator, the provision
of this chapter shall control.
