The Borough Secretary shall be responsible for the administration
of this article and the enforcement of Council's rate decisions
and orders and the minimum customer service standards. All actions
of the Borough Secretary shall be in conformity with the federal law.
As part of the Borough Secretary's broad authority to administer
and enforce pursuant to this article, the Borough Secretary shall
have the following specific duties:
A.
To take such action, on behalf of the Borough, as may, from time
to time, be required to obtain and maintain the Borough's certification
and authority to regulate basic service rates and to assure that the
Borough complies with the federal law;
B.
To establish and protect the Borough's right to regulate cable
television to the fullest extent permitted by federal law;
C.
To provide and give all notices which are required to exercise all
the Borough's authority to regulate basic service rates;
D.
To make all required and/or appropriate filings to and communications
with the FCC;
E.
To receive, file and review for completeness all submissions, petitions,
applications, requests, comments and other filings required and/or
permitted to be made to the Borough pursuant to federal law;
F.
To receive and transmit to the Borough treasurer any fees paid to
the Borough pursuant to this article;
G.
To establish, organize and maintain the Borough's public records
concerning this article;
H.
To provide Council with all information necessary for Council to
exercise oversight and control over all proceedings, administrative
practices and procedures and enforcement concerning this article and
to be aware of all service and rate issues which may require legislative
or policy action;
I.
To enforce the provisions of this article, all Council decisions
and Borough policy;
J.
To take all actions, conduct all proceedings and enforcement in strict
compliance with federal law and the Borough Code; and
K.
To apply the regulations of this article so as to maximize the Borough's
regulatory authority, with respect to basic service rates and minimum
service standards, under federal law.
A.
Regulation of basic service rates.
(1)
Basic service rates shall be subject to the Borough's prior
approval. The Borough shall regulate basic service rates in accordance
with the substantive and procedural provisions of the federal law
and any applicable state law and/or regulation.
(2)
The Borough shall make any decision on the reasonableness of current
basic service rates and/or proposed rate increase 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 Borough shall have the authority
to compel the production of proprietary information from cable operators
and, when requested to do so in writing by the cable operator, the
Borough shall protect the confidentiality of such information to the
extent required by law.
B.
Duties of cable operator. Any and all cable operators, which provide
cable service within the Borough, shall:
(1)
Provide the Borough, by delivery to the Borough Secretary, the information
and documentation necessary to establish entitlement to any basic
service rate schedule and/or requested rate change. All applications
for approval of basic service rate schedules and requests for rate
changes and all information and documentation provided to the Borough
in support thereof shall comply with and be provided according to
the procedures and requirements of the federal law and this article.
(2)
All submissions, petitions, applications and requests and other filings
made to the Borough, pursuant to federal law and/or this article,
shall be made either via first class mail, postage prepaid, to the
following address: Borough of West Grove, 117 Rosehill Avenue, West
Grove, PA 19390, Attention: Borough Secretary; or shall be hand-delivered
to the Borough Secretary at the West Grove Borough Hall during regular
business hours.
(3)
Within 30 days of receiving written notification from the Borough
that the Borough has been certified by the FCC to regulate rates for
basic service, a cable operator shall file its schedule of rates for
the Basic service with the Borough.
(4)
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, file a notice of its proposed rate increase with the Borough.
(5)
Beginning on the date a cable operator files a schedule of rates
or a proposed rate increase with the Borough, the cable operator shall:
(1) publish a summary of the rates or rate increase in a newspaper
of general circulation in the Borough (as defined by the Borough Code)
for at least three consecutive days; (2) cablecast a summary of the
rates or rate increase on its public information channel, at least
twice daily, over a three-day period, at such times as are reasonably
expected to reach the largest audience, in each case notifying interested
parties that they must submit written comments by a date certain (within
15 days of the cable operator's filing with the Borough), to
the Secretary at the Borough offices. The required summaries shall
give clear and reasonable notice of all new and changed rates.
(6)
A cable operator shall comply with all orders of the Borough.
C.
Notice of rate request and opportunity for public comment. Upon the
Borough's receipt of a cable operator's schedule of basic
service rates or a proposed rate increase, the Borough shall cablecast
a summary of the rates or rate increase on a public information channel,
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
Borough by a date certain (within 15 days of the cable operator's
filing with the Borough), at a designated address.
D.
Council actions. In rendering its decisions, Council shall have the
full authority granted to the Borough, pursuant to the federal law
and the Borough Code, to order and compel a cable operator to take
any and all actions as the federal law permits, including, without
limitation:
(1)
Requiring a cable operator to implement a reduction in basic service
tier and/or associated equipment rates where necessary to bring rates
into compliance with the standards set forth in the federal law;
(2)
Prescribing a maximum reasonable rate for the basic service tier
and/or associated equipment after it determines that a proposed rate
is unreasonable and requiring the cable operator to not exceed such
rate; and
(3)
Requiring 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 the Council determines
justified the rate charged as reasonable. Before ordering such a refund,
however, the Borough shall give the cable operator notice, and shall
give the cable operator 15 days from the date such notice is given
to submit written comments to the Borough. Any such refund order shall
be subject to the limitations contained in the federal law.
E.
Penalties.
(1)
In the event that a cable operator does not comply with a decision,
order and/or requirement made by the Borough pursuant to this article,
the Borough shall notify the cable operator in writing of the alleged
violation. The cable operator shall, within five days, provide a response
and commence, and diligently work toward, the correction of the alleged
violation. In the event that the violation is not corrected within
20 days of notice, the Council President shall appoint a review board,
which shall hold a hearing on the matter of the alleged violation
and any attempts by the cable operator to correct same, and shall
thereafter determine the imposition of a fine against the cable operator
as follows: $1,000 per violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Each day that a violation continues shall be a separate violation
for which a separate fine shall be imposed. The cable operator shall
pay all such fines within 30 days. In addition to the fines established
hereby, the Borough may pursue all other remedies that it has under
statute, law and/or equity.
A.
Federal minimum customer service standards adopted. It is the Borough's
intention to enforce the minimum customer service standards. Each
and every cable operator shall comply with the minimum customer service
standards.
B.
Enforcement. The Borough Secretary, 90 days after giving notice to
the cable operator of the Borough's intent to enforce the minimum
customer service standards, shall have the authority and responsibility
to enforce these standards to the fullest extent permitted by the
federal law and in accordance with all substantive and procedural
requirements of the federal law. In furtherance thereof, the Borough
Secretary may make any and all such orders and assess any and all
such penalties for violations of these standards as are permitted
by the federal law and the Borough Code,[1] which may include, without limitation:
(1)
Ordering the cable operator to pay credits or refunds to the subscribers
to the cable operator's system;
(2)
Filing suit against a cable operator to compel specific performance
and/or enjoin action;
(3)
Conducting performance evaluations at the time of renewal of the
cable operator's franchise agreement.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
C.
Other customer service standards not affected. All other customer
service standards, whether established by franchise agreement, state
law or regulation or local ordinance, and whether now or hereafter
enacted, shall remain in full force and effect to the extent that
such other customer service standards are not preempted by the federal
law.
