[Amended 11-1-1993 by Ord. No. 93-11]
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:
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.
All equipment and services subject to regulation pursuant
to 47 CFR 76.923.
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.
The Federal Communications Commission.
All rules of the FCC promulgated from time to time pursuant
to the act.
An increase in rates or a decrease in programming or customer
services.
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All other words and phrases used in this article shall have
the same meaning as defined in the act and the FCC Rules.
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[Amended 11-1-1993 by Ord. No. 93-11]
The purpose of this article is to adopt regulations consistent
with the act and the FCC Rules with respect to basic cable service
rate regulation, and to 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. This
article shall be implemented and interpreted consistent with the act
and the FCC Rules.
[Amended 11-1-1993 by Ord. No. 93-11]
In connection with the regulation of rates for basic cable service
and associated equipment, the City shall follow all FCC Rules.
[Amended 11-1-1993 by Ord. No. 93-11]
(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 of rates or its proposed
increase in rates complies with the act and the FCC 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.
(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 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 USC sec. 543 and 47 CFR
76.922 and 76.923.
[Amended 11-1-1993 by Ord. No. 93-11]
(a)
If this article, any rules or regulations adopted by the City pursuant to § 22-79(a), or any request for information pursuant to § 22-79(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 USC sec. 552 and MCL 15.231 et seq., MSA 4.1801(1) et seq. 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, 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 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.
(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 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.
(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.
[Amended 11-1-1993 by Ord. No. 93-11]
Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to § 22-79(a), the City Clerk shall publish a public notice in a newspaper of general circulation in the City which shall state that 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 that 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. 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.
[Amended 11-1-1993 by Ord. No. 93-11]
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 30 days from the date of filing under § 22-79(a) unless the City Council (or other properly authorized body or official) tolls the thirty-day deadline pursuant to 47 CFR 76.933 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 for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
[Amended 11-1-1993 by Ord. No. 93-11]
If a written order has been issued pursuant to § 22-82 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 § 22-79. 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 the date, time and place at which the hearing shall be held; that interested parties may appear in person, by agent or by letter at the hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and that copies of the schedule or 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. 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.
[Amended 11-1-1993 by Ord. No. 93-11]
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 § 22-85. 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 § 22-85. 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.
[Amended 11-1-1993 by Ord. No. 93-11]
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 be issued within 90 days of the tolling order under § 22-82 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under § 22-82 in all cases involving a cost-of-service showing.
[Amended 11-1-1993 by Ord. No. 93-11]
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 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.
[Amended 11-1-1993 by Ord. No. 93-11]
Any order of the City Council pursuant to § 22-85 or § 22-86 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 summarize the written decision and shall state that copies of the text of the written decision are available for inspection or copying from the office of the clerk. In addition, the City Clerk shall mail a copy of the text of the written decision to the cable operator by first-class mail.
[Amended 11-1-1993 by Ord. No. 93-11]
In addition to rules promulgated pursuant to § 22-79, 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.
[Amended 11-1-1993 by Ord. No. 93-11]
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.
[Amended 11-1-1993 by Ord. No. 93-11]
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.
[Amended 11-1-1993 by Ord. No. 93-11]
The City shall possess all powers conferred by the act, the
FCC Rules, the cable operator's franchise and all other applicable
law. The powers exercised pursuant to the act, the FCC 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 FCC
Rules to protect the public interest in connection with basic cable
service rate regulation.
[Amended 11-1-1993 by Ord. No. 93-11]
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 franchise with the City) for
failure to comply with the act, the FCC 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 FCC 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 of renewal of a cable operator's franchise.
