[Ord. No. 94-07 §3a, 4-5-1994]
A cable operator in the City who wishes to increase the rates for the basic service tier or associated equipment shall file a request with the City and notify all subscribers at least thirty (30) days before the cable operator desires the increase to take effect. Said notice shall be submitted in form and content as outlined in Section 620.030 of this Chapter. This notice may not be given more often than annually and not until at least one (1) year after the determination of the initial basic cable rates.
[Ord. No. 94-07 §3b, 4-5-1994]
A.
If
the Board of Aldermen is able to expeditiously determine that the
cable operator's rate increase request for basic cable service is
within the FCC's reasonable rate standard, as determined by the applicable
price cap, 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 request with the City, the proposed
rates will go into effect.
[Ord. No. 94-07 §3c, 4-5-1994]
A.
If
the Board of Aldermen is unable to determine whether the rate increase
is 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 Board of Aldermen shall, by adoption of a formal resolution, invoke
the following additional periods of time, as applicable, to make a
final determination:
1.
Ninety (90) days if the Board of Aldermen needs more time to ensure
that the requested increase is within the FCC's reasonable rate standard
as determined by the applicable price cap; and
2.
One hundred fifty (150) days if the cable operator submitted a cost-of-service
showing seeking to justify a rate increase above the applicable price
cap.
B.
The
proposed rate increase is tolled during the extended period.
C.
If
the Board of Aldermen 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 increase and on whose behalf the amounts
are paid.
[Ord. No. 94-07 §3d, 4-5-1994]
During the extended review period and before taking on the requested
rate increase, 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 §3e, 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 §3f, 4-5-1994]
If the Board of Aldermen is unable to make a final determination
concerning a requested rate increase within the extended time period,
the cable operator may put the increase into effect, subject to subsequent
refund if the Board of Aldermen later issues a decision disapproving
any portion of the increase.
[Ord. No. 94-07 §3g, 4-5-1994]
A.
If
a cable operator presents its request for a rate increase as being
in compliance with the FCC's price cap, the Board of Aldermen shall
review the rate using the price cap analysis in accordance with the
standard form authorized by the FCC. Based on the Board of Aldermen's
findings, the basic cable rates shall be established.
1.
If the proposed basic cable rate increase is within the price cap
established by the FCC, the proposed rates shall become the new basic
cable rates.
2.
If the proposed basic cable rate increase exceeds the price cap established
by the FCC, the Board of Aldermen shall disapprove the proposed rate
increase and order an increases that is in compliance with the price
cap.
[Ord. No. 94-07 §3h, 4-5-1994]
If a cable operator submits a cost-of-service showing in an
attempt to justify a rate increase above the price cap, the Board
of Aldermen shall review the submission pursuant to the FCC standards
for cost-of-service review. The Board of Aldermen may approve a rate
increase above the price cap if the cable operator makes the necessary
showing; however, a cost-of-service determination resulting in a rate
below the price cap or below the cable operator's then current rate
will prescribe the cable operator's new rate.
[Ord. No. 94-07 §3i, 4-5-1994]
The Board of Aldermen's decision concerning the requested rate
increase, shall be adopted by formal resolution. If a rate increase
proposed by a cable operator is disapproved in whole or in part, or
if objections were made by other parties to the proposed rate increase,
the resolution must state the reasons for the decision. Objections
may be made at the public hearing by a person requesting the City
Clerk to record the objection or may be submitted in writing at anytime
before the decision resolution is adopted.
[Ord. No. 94-07 §3j, 4-5-1994]
A.
The
Board of Aldermen may order refunds of subscribers' rate payment with
interest if:
1.
The Board of Aldermen was unable to make a decision within the extended time period as described in Section 620.140 above; and
2.
The cable operator implemented the rate increase at the end of the
extended review period; and
3.
The Board of Aldermen determines that the rate increase as submitted
exceeds the applicable price cap or that the cable operator failed
to justify the rate increase by a cost-of-service showing, and the
Board of Aldermen disapproves any portion of the rate increase.
B.
The
method of paying a refund and the interest rate will be in accordance
with FCC regulations as directed in the Board of Aldermen's decision
resolution.
[Ord. No. 94-07 §3k, 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.
