The governing body 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.
In rendering its decisions, the governing body 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:
A. 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.
B. Prescribing a reasonable rate for the basic service tier or associated
equipment after it determines that a proposed rate is unreasonable.
C. 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 municipality
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
municipality. Any such refund order shall be further subject to the
limitations contained in the federal law.
[Amended 12-28-1998 by Ord. No. 917; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
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 cable operator shall, upon conviction in a summary
proceeding, pay a fine of not more than $1,000, plus the costs of
prosecution, and in default of the payment of the fine and costs of
prosecution, shall be imprisoned for a period not exceeding 30 days.
Every day the violation continues shall be a separate offense.