As used in this chapter, the following terms shall have the
following meanings:
ASSOCIATED EQUIPMENT
All equipment in a cable subscriber's home that is used
to receive the basic service, regardless of whether such equipment
is additionally used to receive other tiers of regulated programming
service and/or unregulated service. Equipment shall include, but not
be limited to:
C.
Connections for additional television receivers.
BASIC SERVICE
At a minimum, all signals of domestic television broadcast
stations provided to any subscriber (except a signal secondarily transmitted
by satellite carrier beyond the local service area of such station,
regardless of how such signal is ultimately received by the cable
system), any public, educational and governmental programming required
by the franchise to be carried on the basic tier and any additional
video programming signals a service added to the basic tier by the
cable operator.
BASIC SERVICE RATE
The rate charged by a cable operator for basic service and
associated equipment costs.
CABLE OPERATOR
Any person or group of persons:
A.
That provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in such
cable system.
B.
Who otherwise owns, controls or is responsible for, through
any arrangement, the management and operation of a cable system.
CABLE SERVICE
A.
The one-way transmission to subscribers of:
(2)
Other programming service.
B.
Subscriber interaction, if any, which is required for the selection
of such video programming or other programming service.
CABLE SYSTEM
A facility, consisting of a set of closed transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within a community,
but does not include:
A.
A facility that serves only to retransmit the television signals
of one or more television broadcast stations.
B.
A facility that serves only subscribers in one or more multiple-unit
dwellings under common ownership, control or management, unless such
facility uses any public right-of-way.
C.
A facility of a common carrier, except to the extent that such
facility is used in the transmission of video programming directly
to subscribers.
D.
Any facilities of any electric utility used solely for operating
its electric utility systems.
FEDERAL LAW
The Federal Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection
and Competition Act of 1992, and all regulations promulgated by the
FCC thereunder, as any of the foregoing may be amended from time to
time.
FCC
The Federal Communications Commission.
MUNICIPALITY
The City of Lock Haven, a City of the third class; a political
subdivision of the Commonwealth of Pennsylvania.
[Amended 2-24-2003 by Ord. No. 670]
A. Appointment and powers of compliance officer.
(1) For the administration of this chapter, a compliance officer, who
shall not hold any elective office in the City, shall be appointed
by the City Council.
(2) The compliance officer shall meet the qualifications established
by City Council and shall be able to demonstrate to the satisfaction
of City Council a working knowledge of cable regulation under the
federal law and this chapter.
(3) The compliance officer shall administer this chapter in accordance
with its literal terms.
B. Duties of compliance officer. This compliance officer shall be responsible
for:
(1) Taking such action on behalf of the City as may from time to time
be required to obtain or maintain the City's certification to
regulate basic service rates.
(2) Notifying all cable operators serving the City when the City has
been certified by the FCC to regulate basic service rates.
(3) Notifying all cable operators serving the City that the City intends
to enforce the minimum customer service standards established by the
federal law.
(4) Making all filings required or permitted to be made to the FCC by
the City pursuant to the federal law, subject to oversight and control
of City Council.
(5) Receiving, filing in the public records of the City, reviewing for
completeness and placing on the City Council's agenda for consideration,
all submissions, petitions and other filings required or permitted
to be made to the City pursuant to the federal law. All submissions,
petitions and other filings made to the City pursuant to the federal
law shall be made via first class mail, postage prepaid, to the following
address:
City of Lock Haven
Attn: Cable Television Compliance Officer
City Hall, 20 East Church Street, Lock Haven, PA 17745
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(6) Receiving and transmitting to the proper officer of the City any
filing fees paid pursuant to this chapter. The filing of fees, as
applicable to this chapter, shall be in amounts established from time
to time by resolution of City Council.
(7) Enforcing the provisions of this chapter and all decisions of City
Council made hereunder to the fullest extent permitted by the federal
law, subject to the oversight and control of City Council.
(8) Taking such other action as may be necessary from time to time, subject
to the oversight and control of City Council, to protect the right
of the City to regulate cable television to the fullest extent permitted
by the federal law.
[Amended 2-24-2003 by Ord. No. 670]
The City Council shall regulate basic service rates in accordance
with the substantive and procedural provisions of the federal law
and any applicable state law or regulations or local ordinances.
A. Duties of cable operators.
(1) Within 30 days of receiving written notification from the City that
the City has been certified by the FCC to regulate rates for the basic
service, a cable operator shall file its schedule of rates for the
basic service and associated equipment with the City.
(2) At least 30 days prior to increasing its rates for the basic service,
a cable operator shall notify each subscriber of the proposed rate
increase in billing envelopes and shall file a notice of its proposed
rate increase with the City, together with the fee in an amount as
established from time to time by resolution of City Council.
(3) At the time of filing a schedule of rates or a proposed rate increase
with the City, a cable operator shall:
(a) Publish a summary of the rates or rate increase in a local newspaper
of daily general circulation for at least three consecutive days in
a block advertisement no smaller than three inches by four inches;
and
(b) Cablecast a summary of the rates or rate increase on its public information
channel, at least twice daily at such times as are reasonably expected
to reach the largest audience, over a seven-day period, in each case
notifying interested parties that they must submit written comments
by a certain date (within 15 days of the cable operator's filing
with the City), at the municipal address.
(4) A cable operator shall comply with all orders of the City, except
that a cable operator shall not be required to comply with an order
if the cable operator demonstrates that complying with the order would
require the cable operator to disclose proprietary information.
B. Duties of the City.
(1) Upon receipt of a cable operator's schedule of rates or a proposed
rate increase, the City shall cablecast a summary of the rates or
rate increase on the channel(s) allocated to the City at least twice
daily at such times as are reasonably expected to reach the largest
audience, over a three-day period, along with a notice that interested
parties shall submit written comments to the City by a date certain
(within 15 days of the cable operator's filing with the City),
at the City address.
(2) The City shall make any decision on the reasonableness of current
basic service rates and proposed rate increases pursuant to the procedural
and substantive provisions of the federal law.
(3) In making a decision on the reasonableness of current basic service
rates or proposed rate increases, the City shall have the authority
to compel the production of proprietary information from cable operators
and, in such circumstances, the City shall be subject to the confidentiality
provisions set forth elsewhere in this chapter.
C. Enforcement. In rendering its decisions, the City Council shall have
the full authority granted to it pursuant to the federal law to order
a cable operator to take any and all actions as the federal law permits
including, without limitation:
(1) Ordering a cable operator to implement a reduction in basic service
tier or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law.
(2) Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
(3) Ordering a cable operator to refund to subscribers that portion of
previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator
has submitted a cost-of-service showing which justified the rate charged
as reasonable. Before ordering such a refund, however, the City shall
give the operator notice and shall give the operator 15 days from
the date such notice is given to submit written comments to the City.
Any such refund order shall be further subject to the limitations
contained in the federal law.
D. Penalties. In the event that a cable operator does not comply with
a decision made pursuant to this chapter and directed specifically
toward the cable operator, the City may assess a fine against the
cable operator as set by resolution of the City of Lock Haven.