[HISTORY: Adopted by the Board of Trustees of the Village
of Oakfield 5-9-1994 by L.L. No.
1-1994. Amendments noted where applicable.]
The franchising authority (Village of Oakfield) has the legal
authority to administer, and shall enforce against any nonmunicipally
owned cable television system operator (Cablevision Industries), as
permitted therein, the provisions of Part 76, Subpart N, of the rules
and regulations of the Federal Communications Commission concerning
cable rate regulation, 47 CFR 76.901 et seq., as they currently read
and hereafter may be amended, which are herewith incorporated by reference.
Any rate regulation proceedings conducted under § 121-1 hereto shall provide a reasonable opportunity for consideration of the views of any interested party, including, but not limited to, the franchising authority or its designee, the cable operator, subscribers, and residents of the franchise area. In addition to all other provisions required by the laws of the State of New York and this Village for such proceedings, and in order to provide for such opportunity for consideration of the views of any interested party, the franchising authority shall take the following actions:
A.
The franchising authority shall publish in a local newspaper, post
in a conspicuous place in the Village Office, located at 37 Main Street,
Oakfield, New York 14125-1014, and mail, by certified mail, to the
cable operator, located at 29 Cedar Street, Batavia, New York 14020,
a public notice of the intent to conduct a public proceeding on basic
service tier rates and/or charges for equipment to receive such basic
service tier, as defined by the FCC.
B.
Said public notice shall state, among other things, that cable television
rates are subject to municipal review and explain the nature of the
rate review in question; that any interested party has a right to
participate in the proceeding; that public views may be submitted
in the proceeding, explaining how they are to be submitted and the
deadline for submitting any such views; that a decision concerning
the reasonableness of the cable television rates in question will
be governed by the rules and regulations of the Federal Communications
Commission (FCC); and that the decision of the franchising authority
is subject to review by the FCC.
C.
The franchising authority shall conduct a public proceeding to determine
whether or not the rates or proposed rate increase are reasonable.
The franchising authority may delegate the responsibility to conduct
the proceeding to any duly qualified and eligible individual(s) or
entity. If the franchising authority or its designee cannot determine
the reasonableness of a proposed rate increase within the time period
permitted by the FCC rules and regulations, it may toll the effective
date of the proposed rates for an additional period of time as permitted
by the FCC rules and regulations and issue any other necessary or
appropriate order and give public notice accordingly.
D.
In the course of the rate regulation proceeding, the franchising
authority may request additional information from the cable operator
that is reasonably necessary to determine the reasonableness of the
basic service tier rates and equipment charges. Any such additional
information submitted to the franchising authority shall be verified
by an appropriate official of the cable television system supervising
the preparation of the response on behalf of the entity and submitted
by way of affidavit or under penalty of perjury, stating that the
response is true and accurate to the best of that person's knowledge,
information and belief formed after reasonable inquiry. The franchising
authority may request propriety information, provided that the franchising
authority shall consider a timely request from the cable operator
that said proprietary information shall not be made available for
public information, consistent with the procedures set forth in 47
CFR 0.459 of the FCC rules and regulations. Furthermore, said proprietary
information may be used only for the purpose of determining the reasonableness
of the rates and charges or the appropriate rate level based on a
cost-of-service showing submitted by the cable operator. The franchising
authority may exercise all powers under the laws of evidence applicable
to administrative proceedings under the laws of the State of New York
and this Village to discover any information relevant to the rate
regulation proceeding, including, but not limited to, subpoena, interrogatories,
production of documents, and deposition.
E.
Upon termination of the rate regulation proceeding, the franchising
authority shall adopt and release a written decision as to whether
or not the rates or proposed rate increase are reasonable or unreasonable
and, if unreasonable, its remedy, including prospective rate reduction,
rate prescription, and refunds.
F.
The franchising authority may not impose any fines, penalties, forfeitures
or other sanctions, other than permitted by the FCC rules and regulations,
for charging an unreasonable rate or proposing an unreasonable rate
increase. However, the franchising authority may impose fines or monetary
forfeitures on a cable operator that does not comply with a rate decision
or refund order of the franchising authority, directed specifically
at the cable operator, pursuant to the laws of the State of New York
and the codes, rules, and regulations of this Village.
G.
Consistent with FCC rules and regulations, the franchising authority's
decision may be reviewed only by the FCC.
H.
The franchising authority shall be authorized, at any time, whether
or not in the course of a rate regulation proceeding, to gather information
as necessary to exercise its jurisdiction as authorized by the laws
of the State of New York, the Communications Act of 1934, as amended,[1] and the FCC rules and regulations. Any information submitted
to the franchising authority shall be verified by an appropriate official
of the cable television system supervising the preparation of the
response on behalf of the entity and submitted by way of affidavit
or under penalty of perjury, stating that the response is true and
accurate to the best of that person's knowledge, information
and belief formed after reasonable inquiry.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
The franchising authority shall file with the FCC the required
certification form (FCC Form 328) on September 1, 1993, or as soon
thereafter as appropriate. Thirty days later, or as soon thereafter
as appropriate, the Village of Oakfield shall notify Cablevision Industries,[1] 29 Cedar Street, Batavia, New York 14020, that the franchising
authority has been certified by the FCC and that it has adopted all
necessary regulations so as to begin regulating basic service tier
cable television rates and equipment charges.
[1]
Editor's Note: Now referred to as Spectrum.
With regard to the cable programming service tier, as defined
by the Communications Act of 1934, as amended,[1] and the FCC rules and regulations, and over which the
franchising authority is not empowered to exercise rate regulation,
the cable operator shall give notice to the franchising authority
of any change in rates for the cable programming service tier or tiers,
any change in the charge for equipment required to receive the tier
or tiers, and any changes in the nature of the services provided,
including the program services included in the tier or tiers. Said
notice shall be provided within five business days after the change
becomes effective.
[1]
Editor's Note: See 47 U.S.C. § 151 et seq.
The franchising authority may delegate its powers to enforce
this chapter to municipal employees or officers ("cable official").
The cable official will have the authority to:
A.
Administer oaths and affirmations;
B.
Issue subpoenas;
C.
Examine witnesses;
D.
Rule upon questions of evidence;
E.
Take or cause depositions to be taken;
F.
Conduct proceedings in accordance with this chapter;
G.
Exclude from the proceeding any person engaging in contemptuous conduct
or otherwise disrupting the proceedings;
H.
Hold conferences for the settlement or simplification of the issues
by consent of the parties; and
I.
Take actions and make decisions or recommend decisions in conformity
with this chapter.
