[R.O. 1993 § 710.010; Ord. No.
2253 § 1, 11-9-1993]
As used in this Article, the following words shall be construed
to have the meaning set forth below. All other words and phrases used
in this Chapter shall have the same meaning as defined in the Act
and FCC rules.
ACT
The Communications Act of 1934, as amended (and specifically as amended by the Cable Television
Consumer Protection and Competition Act of 1992, Pub. L. 102-385), and as may be amended from time to time.
BASIC CABLE SERVICE
"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.
FCC
The Federal Communications Commission.
FCC RULES
All rules of the FCC promulgated from time to time pursuant
to the Act.
INCREASE IN RATES
An increase in cable service rates or a decrease in programming
or customer services.
[R.O. 1993 § 710.020; Ord. No.
2253 § 1, 11-9-1993]
A. The
purpose of this Chapter is to:
1. Adopt regulations consistent with the Act and the FCC rules with
respect to basic cable service rate regulation; and
2. 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.
B. This
Chapter shall be implemented and interpreted consistent with the Act
and FCC rules.
[R.O. 1993 § 710.030; Ord. No.
2253 § 1, 11-9-1993]
In connection with the regulation of rates for basic cable service
and associated equipment, the City of Charleston, Missouri shall follow
all FCC rules.
[R.O. 1993 § 710.040; Ord. No.
2253 § 1, 11-9-1993]
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 or rates or its proposed increase in rates
complies with the Act and the FCC rules. The cable operator shall
file ten (10) copies of the schedule or proposed increase 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 ten (10)
copies have been received by the City Clerk. The City Council may,
by resolution or otherwise, adopt rules and regulations prescribing
the information, data and calculations which must be included as part
of the cable operator's filing of the schedule or rates or a proposed
increase.
B. In addition to information and data required by rules and regulations of the City pursuant to Subsection
(A) above, a cable operator shall provide all information requested by the City Manager 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 these rates. The City Manager may establish 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 U.S.C. § 543 and 47 CFR 76.922 and
76.923.
[R.O. 1993 § 710.050; Ord. No.
2253 § 1, 11-9-1993]
A. If this Chapter, any rules or regulations adopted by the City pursuant to Section
710.040(A), or any request for information pursuant to Section
710.040(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 non-disclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 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 (5) 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 non-disclosure 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.
[R.O. 1993 § 710.060; Ord. No.
2253 § 1, 11-9-1993]
A. Upon the filing of ten (10) copies of the schedule of rates or the proposed increase in rates pursuant to Section
710.040(A) above, the City Clerk shall public a public notice in a newspaper of general circulation in the City which shall state that
1. The filing has been received by the City Clerk and (except those
parts which may be withheld as proprietary) is available for public
inspection and copying; and
2. Interested parties are encouraged to submit written comments on the
filing to the City Clerk not later than seven (7) 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 the City Council shall
first consider the schedule of rates or the proposed increase. This
notice shall be mailed by first-class mail at least three (3) days
before the meeting. In addition, if a written staff or consultant's
report on the schedule or rates or the proposed increase is prepared
for consideration of the City Council, then the City Clerk shall mail
a copy of the report by first-class mail to the cable operator at
least three (3) days before the meeting at which the City Council
shall first consider the schedule of rates or the proposed increase.
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[R.O. 1993 § 710.070; Ord. No.
2253 § 1, 11-9-1993]
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 thirty (30) days from the date of filing under Section
710.040(A) unless the City Council (or other properly authorized body or official) tolls the thirty (30) day deadline pursuant to 47 CFR 76.933 by issuing a brief written order, by resolution or otherwise, within thirty (30) days of the date of filing. The City Council may toll the thirty (30) day deadline for an additional ninety (90) days in cases not involving cost-of-service showings and for an additional one hundred fifty (150) days in cases involving cost-of-service showings.
[R.O. 1993 § 710.080; Ord. No.
2253 § 1, 11-9-1993]
A. If a written order has been issued pursuant to Section
710.070 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 City any additional information required or requested pursuant to Section
710.040 of this Chapter. In addition, the City Council 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 City Clerk 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. 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.
B. The
public notice shall be published not less than fifteen (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
fifteen (15) days before the hearing.
[R.O. 1993 § 710.090; Ord. No.
2253 § 1, 11-9-1993]
Following the public hearing, the City Manager shall cause a report to be prepared for the City Council 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 City Council pursuant to Section
710.100. The City Clerk shall mail a copy of the report to the cable operator by first-class mail not less than twenty (20) days before the City Council acts under Section
710.100. The cable operator may file a written response to the report with the City Clerk. If at least ten (10) copies of the response are filed by the cable operator with the City Clerk within ten (10) days after the report is mailed to the cable operator, the City Clerk shall forward it to the City Council.
[R.O. 1993 § 710.100; Ord. No.
2253 § 1, 11-9-1993]
The City 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, 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 City Council 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 not be issued within ninety (90) days after the tolling order under Section
710.070 in all cases not involving a cost-of-service showing. The order shall be issued within one hundred fifty (150) days after the tolling order under Section
710.070 in all cases involving a cost-of-service showing.
[R.O. 1993 § 710.110; Ord. No.
2253 § 1, 11-9-1993]
The City Council may order a refund to subscribers as provided
in 47 CFR 76.942. Before the City Council orders any refund to subscribers,
the City Clerk shall give at least seven (7) days written notice to
the cable operator by first-class mail of the date, time, and place
at which the City 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 the City Council.
[R.O. 1993 § 710.120; Ord. No.
2253 § 1, 11-9-1993]
A. Any order of the City Council pursuant to Section
710.100 or Section
710.110 shall be in writing, shall be effective upon adoption by the City Council 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 City which shall:
1. Summarize the written decision; and
2. State that copies of the text of the written decision are available
for inspection or copying from the office of the Clerk.
B. In
addition, the City Clerk shall mail a copy of the text of the written
decision to the cable operator by first-class mail.
[R.O. 1993 § 710.130; Ord. No.
2253 § 1, 11-9-1993]
In addition to rules promulgated pursuant to Section
710.040, the City 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.
[R.O. 1993 § 710.140; Ord. No.
2253 § 1, 11-9-1993]
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 the City Council.
[R.O. 1993 § 710.150; Ord. No.
2253 § 1, 11-9-1993]
In addition to the requirements of this Chapter, the City Council
may hold additional public hearings upon such reasonable notice as
the City Council, in its sole discretion, shall prescribe.
[R.O. 1993 § 710.160; Ord. No.
2253 § 1, 11-9-1993]
The City shall possess all powers conferred by Act, the FCC
rules, 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 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.
[R.O. 1993 § 710.170; Ord. No.
2253 § 1, 11-9-1993]
The City may pursue any and all legal and equitable remedies
against the cable operator 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 determination 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.