[Code 1992, § 18-500; 11-8-1993 by Ord. No. 1047]
The purpose of this article is to:
(1) 
Adopt regulations consistent with the Act, as defined in § 12-123, and the Federal Communications Commission rules, as defined in § 12-123, 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.
[Code 1992, § 18-501; 11-8-1993 by Ord. No. 1047]
This article shall be implemented and interpreted consistent with the Act and the Federal Communications Commission rules.
[Code 1992, § 18-502; 11-8-1993 by Ord. No. 1047]
Except as provided, the words and phrases used in this article shall have the meanings ascribed to them by the Act and the Federal Communications Commission rules. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ACT
The Communications Act of 1934, as amended, and specifically as amended by the Cable Television Consumer Protection and Competition Act of 1992, PL 102-385, and as may be amended from time to time.
ASSOCIATED EQUIPMENT
All equipment and services subject to regulation by the City pursuant to the Federal Communications Commission rules.
BASIC CABLE SERVICE
"Basic service," as defined in the Federal Communications Commission rules, and any other cable television service which is subject to rate regulation by the City pursuant to the Act and the Federal Communications Commission rules.
CABLE OPERATOR
Any entity that qualifies as a cable operator under the act and the Federal Communications Commission rules and supplies cable television services within the City limits.
FCC
The Federal Communications Commission.
FEDERAL COMMUNICATIONS COMMISSION RULES (FCC RULES)
All rules of the Federal Communications Commission promulgated from time to time pursuant to the Act.
INCREASE IN RATES
An increase in rates or a decrease in programming or customer services.
PROPRIETARY INFORMATION
Such information or materials which may be withheld from public inspection pursuant to the Federal Communications Commission rules, specifically including 47 CFR 0.457, as amended.
[Code 1992, § 18-503; 11-8-1993 by Ord. No. 1047]
In connection with the regulation of rates for basic cable service and associated equipment, the City shall follow all Federal Communications Commission rules.
[Code 1992, § 18-504; 11-8-1993 by Ord. No. 1047]
(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 Federal Communications Commission rules. As part of its submission, the cable operator shall include such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the Federal Communications Commission rules. The cable operator shall file 10 copies of the schedule or proposed increase with the City Clerk. For purposes of this article, 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. 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 of rates or a proposed increase. The City shall be notified by the cable operator of any filing the company makes with the Federal Communications Commission or any notice the cable operator receives from the Federal Communications Commission pertaining to the regulation of rates.
(b) 
In addition to information and data required by rules and regulations of the City pursuant to Subsection (a) of this section, a cable operator shall provide all information reasonably 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 Federal Communications Commission rules, including without limitation 47 U.S.C. § 543 and 47 CFR 76.922 and 76.923, as may be amended.
[Code 1992, § 18-505; 11-8-1993 by Ord. No. 1047]
(a) 
If this article, any rules or regulations adopted by the City pursuant to § 12-125(a) or any request for information pursuant to § 12-125(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 U.S.C. § 552. The City shall place in a public file for inspection any decision that results in information being withheld.
(b) 
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.
(c) 
Any interested party may file a request to inspect material withheld as proprietary by 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.
(d) 
The procedures set forth in this section shall be construed as analogous to and consistent with the rules of the Federal Communications Commission regarding requests for confidentiality, including without limitation 47 CFR 0.459, as may be amended.
[Code 1992, § 18-506; 11-8-1993 by Ord. No. 1047]
(a) 
Upon the filing of the schedule of rates or the proposed increase in rates pursuant to § 12-125(a), the City Clerk shall publish 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 days after the public notice is published.
(b) 
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 days before the meeting. In addition, if a written staff or consultant's report on the schedule of rates or the proposed increase is prepared for consideration of the City Council, 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 the City Council shall first consider the schedule of rates or the proposed increase.
[Code 1992, § 18-507; 11-8-1993 by Ord. No. 1047]
After a cable operator has filed the schedule of rates or a proposed increase in rates, the 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 § 12-125(a) unless the City Council or its designee tolls the thirty-day deadline pursuant to 47 CFR 76.933, as may be amended, by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The City Council may toll the thirty-day deadline in accordance with the provisions of 47 CFR 76.933(b).
[Code 1992, § 18-508; 11-8-1993 by Ord. No. 1047]
(a) 
If a written order has been issued pursuant to § 12-128 and 47 CFR 76.933 to toll the effective date of existing cable service 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 § 12-125. In addition, the City Council shall hold a public hearing to consider the comments of interested parties within the additional period. The City Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the City which shall state the following:
(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 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.
[Code 1992, § 18-509; 11-8-1993 by Ord. No. 1047]
Following the public hearing as provided in § 12-129, 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 § 12-131. The City Clerk shall mail a copy of the report to the cable operator by first class mail not less than 20 days before the City Council acts under § 12-131. 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 the City Council.
[Code 1992, § 18-510; 11-8-1993 by Ord. No. 1047]
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 Federal Communications Commission 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 be issued within the duration of the tolling order under § 12-128.
[Code 1992, § 18-511; 11-8-1993 by Ord. No. 1047]
The City Council may order a refund to cable 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 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.
[Code 1992, § 18-512; 11-8-1993 by Ord. No. 1047]
(a) 
Any order of the City Council pursuant to § 12-131 or 12-132 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.
[Code 1992, § 18-513; 11-8-1993 by Ord. No. 1047]
In addition to rules promulgated pursuant to § 12-125, 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 Federal Communications Commission rules.
[Code 1992, § 18-514; 11-8-1993 by Ord. No. 1047]
The failure of the City Clerk to give the notices or to mail copies of reports as required by this article shall not invalidate the decisions or proceedings of the City Council.
[Code 1992, § 18-515; 11-8-1993 by Ord. No. 1047]
In addition to the requirements of this article, the City Council may hold additional public hearings upon such reasonable notice as the City Council, in its sole discretion, shall prescribe.
[Code 1992, § 18-516; 11-8-1993 by Ord. No. 1047]
For the purposes of this article, the City shall possess all powers conferred by the Act, the Federal Communications Commission rules, the cable operator's franchise, and all other applicable law. The powers exercised pursuant to the Act, the Federal Communications Commission rules, and this article shall be in addition to powers conferred by law or otherwise. The City may take any action not prohibited by the Act and the Federal Communications Commission rules to protect the public interest in connection with basic cable service and/or programming service rate regulation.
[Code 1992, § 18-517; 11-8-1993 by Ord. No. 1047]
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 consent agreement with the City, for failure to comply with the Act, the Federal Communications Commission rules, any orders or determinations of the City pursuant to this article, any requirements of this article, or any rules or regulations promulgated under this article. Subject to applicable law, failure to comply with the Act, the Federal Communications Commission rules, any orders or determinations of the City pursuant to this article, any requirements of this article, or any rules and regulations promulgated under this article shall also be sufficient grounds for revocation or denial or renewal of a cable operator's consent agreement.
[Code 1992, § 18-519; 11-8-1993 by Ord. No. 1047]
If a conflict occurs between the sections of this article and the sections of another chapter of this Code or the franchise agreement entered into by the City and any cable operator, the sections of this article shall control.
[Code 1992, § 18-520; 11-8-1993 by Ord. No. 1047]
This article shall be in effect on and after the date of adoption of the ordinance from which this article is derived or the date on which the City becomes a certified franchising authority under the Act and the Federal Communications Commission rules, whichever is later.