[Ord. No. 94-07 §2a, 4-5-1994]
Upon the adoption of this Chapter and the certification of the
City by the FCC, the City shall immediately notify all cable operators
in the City, by certified mail, return receipt requested, that the
City intends to regulate subscriber rates charged for the basic service
tier and associated equipment as authorized by the Cable Act of 1992.
[Ord. No. 94-07 §2b, 4-5-1994]
Within thirty (30) days of receiving notice from the City, a
cable operator must file with the City, in form and format as provided
for by FCC regulations (such as Form FCC 393), a set of documents
for the City's review. These documents shall be completed in full
and shall contain adequate substance and depth for a complete review
of rates with reference to FCC rate regulation criteria.
[Ord. No. 94-07 §2c, 4-5-1994]
A.
If
the Board of Aldermen is able to expeditiously determine that the
cable operator's rates for basic service tier and associated equipment
are within the FCC's reasonable rate standard, as determined by the
applicable benchmark, the Board of Aldermen shall:
B.
If
the Board of Aldermen takes no action within thirty (30) days from
the date the cable operator filed its basic cable rates with the City,
the proposed rates will continue in effect.
[Ord. No. 94-07 §2d, 4-5-1994]
A.
If
the Board of Aldermen is unable to determine whether the rates in
issue are within the FCC's reasonable rate standard based on the material
before it, or if the cable operator submits a cost-of-service showing,
the City shall, within thirty (30) days from the date the cable operator
filed its basic cable rates with the City and by adoption of a formal
resolution, invoke the following additional periods of time, as applicable,
to make a final determination:
B.
If
the City has not made a decision within the ninety (90) or one hundred
fifty (150) day period, the Board of Aldermen shall issue a brief
written order at the end of the period requesting the cable operator
to keep accurate account of all amounts received by reason of the
proposed rate and on whose behalf the amounts are paid.
[Ord. No. 94-07 §2e, 4-5-1994]
During the extended review period and before taking action on
the proposed rate, the Board of Aldermen shall hold at least one (1)
public hearing at which interested persons may express their views
and record objections.
[Ord. No. 94-07 §2f, 4-5-1994]
An interested person who wishes to make an objection to the
proposed initial basic rate must submit the objection in writing anytime
before the decision resolution is adopted. In order for an objection
to be made part of the record, the objector must provide the City
Clerk with the objector's name and address. The Board may at its option,
receive oral testimony.
[Ord. No. 94-07 §2g, 4-5-1994]
A.
If
a cable operator submits its current basic cable rate schedule as
being in compliance with the FCC's reasonable rate standard, the Board
of Aldermen shall review the rates using the benchmark analysis in
accordance with the standard form authorized by the FCC. Based on
the Board of Aldermen's findings, the initial basic cable rates shall
be established as follows:
1.
If the current basic cable rates are below the benchmark, those rates
shall become the initial basic cable rates and the cable operator's
rates will be capped at that level.
2.
If the current basic cable rates exceed the benchmark, the rates
shall be greater than the cable operator's per channel rate on September
30, 1992, reduced by ten percent (10%), or the applicable benchmark,
adjusted for inflation and any change in the number of channels occurring
between September 30, 1992, and the initial date of regulation.
3.
If the current basic cable rates exceed the benchmark, but the cable
operator's per channel rate was below the benchmark on September 30,
1992, the initial basic cable rate shall be the benchmark, adjusted
for inflation.
[Ord. No. 94-07 §2h, 4-5-1994]
If a cable operator does not wish to reduce the rates to the
permitted level, the cable operator shall have the opportunity to
submit a cost-of-service showing in an attempt to justify initial
basic cable rates above the FCC's reasonable rate standard. The Board
of Aldermen will review a cost-of-service submission pursuant to FCC
standards for cost-of-service review. The Board of Aldermen may approve
basic initial cable rates above the benchmark if the cable operator
makes the necessary showing; however, a cost-of-service determination
resulting in rates below the benchmark or below the cable operator's
September 30, 1992, rates minus ten percent (10%), will prescribe
the cable operator's new rates.
[Ord. No. 94-07 §2i, 4-5-1994]
A.
By Formal Resolution. After completion of its review of
the cable operator's proposed rates, the Board of Aldermen shall adopt
its decision by formal resolution. The decision shall include one
of the following:
1.
If the proposal is within the FCC's reasonable rate standard or is
justified by a cost-of-service analysis, the Board of Aldermen shall
approve the initial basic cable rates proposed by the cable operator,
or
2.
If the proposal is not within the FCC's reasonable rate standard
and the cost-of-service analysis, if any, does not justify the proposed
rates, the Board of Aldermen shall establish initial basic cable rates
that are within the FCC's reasonable rate standard or that are justified
by a cost-of-service analysis.
B.
Rollbacks and Refunds. If the Board of Aldermen determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the Board of Aldermen may order the rates reduced in accordance with Sections 620.080 or 620.090 as applicable. In addition, the Board of Aldermen may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993. The method of paying for any refund and the interest rate will be in accordance with FCC regulations as directed in the Board's decision resolution.
C.
Statement of Reasons for Decision and Public Notice. If
rates proposed by a cable operator are disapproved in whole or in
part, or if there were objections made by other parties to the proposed
rates, the resolution must state the reasons for the decision and
the Board of Aldermen must give public notice of its decision. Public
notice will be given by advertisement once in the official newspaper
of the City.
[Ord. No. 94-07 §2j, 4-5-1994]
The Board of Aldermen's decision concerning rates for the basic
service tier or associated equipment, may be appealed to the FCC in
accordance with applicable Federal regulations.
