The Township may regulate the rates for the provision of cable
service, or any other communications service provided over a cable
system only to the extent provided for by federal and state law, which
provides, among other things, for the regulation of rates for basic
cable service under circumstances in which a cable system is not subject
to effective competition.
A cable operator shall provide written notification to subscribers
of the availability of basic tier service by September 19, 1993, or
three billing cycles from September 1, 1993, and to new subscribers
at the time of installation. This notification shall include the following
information:
A. That basic tier service is available;
B. The cost per month for basic tier service;
C. A list of all services included in the basic service tier.
A cable operator shall provide written notice to a subscriber
of any increase in the price to be charged for the basic service tier
or associated equipment at least 30 days before any proposed increase
is effective. The notice should include the name and address of the
franchise authority.
A franchise authority that has been certified, pursuant to the Act, to regulate rates for basic service and associated equipment may permit a small system to certify that the small system's rates for basic service and associated equipment comply with §
32-22, the FCC's substantive rate regulations.
A franchise authority may order 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 §§
32-22 and
32-23.
A franchise authority may prescribe a reasonable rate for the
basic service tier or associated equipment after it determines that
a proposed rate is unreasonable.
Any subscriber, franchise authority, or other relevant state
or local government entity may file with the FCC a complaint challenging
the reasonableness of a cable operator's rate for cable programming
service, or the reasonableness of a cable operator's charges
for installation or rental of equipment used for the receipt of cable
programming service.
All cable operators must provide the following information to
subscribers on monthly bills:
A. The name and mailing address of the relevant franchise authority;
and
B. The FCC community unit identifier for the cable system.
The FCC will consider the complaint and the cable operator's
response and then determine by written decision whether the rate for
the cable programming service or associated equipment is unreasonable
or not. If it determines that the rate in question is unreasonable,
the FCC will grant the complaint and may order appropriate relief,
including but not limited to prospective rate reductions and refunds.
If it determines that the rate in question is reasonable, the FCC
will deny the complaint.
Upon a finding that a rate for cable programming service or
associated equipment is unreasonable, the FCC may order the cable
operator to implement a prospective rate reduction to the class of
customers subscribing to the cable programming service at issue. The
FCC's decision regarding a prospective rate reduction shall remain
binding on the cable operator for one year unless the FCC specifies
otherwise.
In addition to the requirement of §
32-7 regarding advance notification to customers of any changes in rates, programming services or channel positions, a cable operator shall give the relevant franchise authority a minimum of 30 days' advance written notification of any changes in rates for cable programming service or associated equipment.
A cable operator shall not charge a subscriber for any service
or equipment that the subscriber has not affirmatively requested by
name. This provision, however, shall not preclude the addition or
deletion of a specific program from a service offering, the addition
or deletion of specific channels from an existing tier of service,
or the restructuring or division of existing tiers of service that
do not result in a fundamental change in the nature of an existing
service or tier of service provided that such change is otherwise
consistent with applicable regulations. A subscriber's failure
to refuse a cable operator's proposal to provide service or equipment
is not an affirmative request for service or equipment. A subscriber's
affirmative request for service or equipment may be made orally or
in writing.