[Ord. No. 287, 5/9/1994]
BASIC SERVICE
The basic service tier shall, at a minimum, include all signals
of domestic television broadcast stations provided to any subscriber
(except a signal secondarily transmitted by satellite carrier beyond
the local service area of such station, regardless of how such signal
is ultimately received by the cable system) any public, education
and governmental programming required by the franchise to be carried
on the basic tier, and any additional video programming signals a
service added to the basic tier by the cable operator.
BOROUGH
The Borough of Elizabethville, Dauphin County, Pennsylvania.
CABLE PROGRAMMING SERVICE
Includes any video programming provided over a cable system,
regardless of service tier, including installation or rental of equipment
used for the receipt of such video programming, other than:
1.
Video programming carried on the basic service tier as defined
in this section.
2.
Video programming offered on a pay-per-channel or pay-per-program
basis.
3.
A combination of multiple channels of pay-per-channel or pay-per-program
video programming offered on a multiplexed or time-shifted basis so
long as the combined service:
A.
Consists of commonly identified video programming; and,
B.
Is not bundled with any regulated tier of service.
FCC
The Federal Communications Commission.
SMALL SYSTEM
A cable television system that serves fewer than 1,000 subscribers.
The service area of a small system shall be determined by the number
of subscribers that are served by a system's principal headend,
including any other headends or microwave receive sites that are technically
integrated to the system's principal headend.
[Ord. No. 287, 5/9/1994]
In the absence of a demonstration to the contrary, cable systems
are presumed not to be subject to effective competition.
[Ord. No. 287, 5/9/1994]
Basic service tier and cable programming service rates shall
be subject to regulation by the Borough as is appropriate, in order
to assure that the rates are in compliance with the requirements of
the Federal Cable Act, 47 U.S.C. § 543. The determination
of whether or not the rates and any charges for equipment or installation
are in compliance with the Act shall be made in accordance with the
Commission's rules and regulations, specifically §§ 76.922
and 76.923 as printed in the Federal Registers, 58 Fed. Reg. 29756-758,
May 21, 1993, as amended, and which are adopted herein by reference.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.923, as
set forth in the Federal Register, 58 Fed. Reg. 29757-758, May 21,
1993, as amended.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.924(b)
through (h), as set forth in the Federal Register, 58 Fed. Reg. 29758,
May 21, 1993, as amended.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.925, as
set forth in the Federal Register, 58 Fed. Reg. 29758, May 21, 1993,
as amended.
[Ord. No. 287, 5/9/1994]
A cable operator shall file its schedule of rates for the basic
service tier and associated equipment with the Borough within 30 days
of receiving written notification from the Borough that the Borough
has been certified by the commission to regulate rates for the basic
service tier.
[Ord. No. 287, 5/9/1994]
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
Borough.
[Ord. No. 287, 5/9/1994]
A small system, as defined in §
13-301, above, is permitted to certify that its rates for basic service and associated equipment comply with §
13-306 herein and the Commission's substantive rate regulations.
[Ord. No. 287, 5/9/1994]
If the thirty-day period set forth in §
13-312, Subsection
1, above, is tolled by the Borough, the Borough will publish a notice at least once in a newspaper of general circulation in the Borough. The notice shall contain a summary description of the proposed rates and provide for a thirty-day public comment period. The Borough Secretary shall keep a record or log of all written comments received. The Borough may also, at its option, hold a public hearing in lieu of or in addition to receiving public comment.
[Ord. No. 287, 5/9/1994]
The Borough may require the production of proprietary information
to make a rate determination and in such cases must apply procedures
analogous to those set forth in FCC regulations regarding requests
for confidentiality.
[Ord. No. 287, 5/9/1994]
The Borough 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 §
13-306 and §
13-307 herein, and FCC regulations.
[Ord. No. 287, 5/9/1994]
The Borough may prescribe a reasonable rate for the basic service
tier or associated equipment after it determines that a proposed rate
is unreasonable.
[Ord. No. 287, 5/9/1994]
The Borough of Elizabethville hereby adopts, for the purpose
of establishing rules and regulations regulating cable operator's
rates, those regulations promulgated under the Federal Cable Act,
47 U.S.C. § 543, save and except such portions as are herein
deleted, modified or amended.