[4-4-1994]
A.
The President and Board of Trustees of the Village of Thornton do
hereby adopt the rules and regulations set forth by the Federal Communications
Commission pursuant to § 623(b) of the Cable Televisions
Consumer Protection and Competition Act of 1992 (45 U.S.C. 543(b)
for the review of the basic service tier of cable television and equipment
necessary for the provision of such service tier.
B.
For the purpose of this article, the basic service tier of cable
television services shall mean a separately available service tier
to which subscription is required for access to any other tier of
service, including a minimum, but not limited to, 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 or service added to the
basic tier by the cable operator. Equipment necessary to provide said
basic tier of service shall be defined as those items of associated
equipment necessary for the reception of basic cable service by a
subscriber including, but not limited to converter boxes, remote control
units, additional outlets, and installations.
[4-4-1994]
A.
The Village shall provide the grantee of the cable franchise, the
public, and interested parties with an opportunity to be heard at
a public hearing before the President and the Board of Trustees, upon
14 days' written notice to the grantee of the cable television
franchise of the time and place of the public hearing provided further
that said notice shall indicate that the purpose of the public hearing
is to receive the views of the grantee and interested parties on issues
pertaining to regulation of the basic service tier of cable television
services and equipment necessary to provide said basic tier of service;
and provided further that notice of said public hearing shall be published
in a local newspaper of general circulation at least 10 days before
the date of this hearing and provided further, that an agenda for
said public hearing shall be posed in a public place at the Village
Hall at least seven days prior to said public hearing.
B.
Upon the adoption of the Ordinance and the certification of the Village
of Thornton by the Federal Communications Commission, the Village
shall immediately notify the cable operator by certified mail, return
receipt requested, that the Village intends to regulate subscriber
rates charged for the basic service tier and associated equipment
as authorized by the Cable Television Consumer Protection and Competition
Act of 1992. Upon receipt of said notice by the Village, the cable
operator shall, within 30 days, file with the Village its current
rates for the basic service tier and associated equipment along with
any additional documentation justifying the reasonableness of its
rates.
[4-4-1994]
A.
The Village of Thornton shall establish that the period for review
of rates of the basic service tier of cable television services and
the equipment necessary to provide said basic tier of services shall
be 30 days from the submission by the grantee of the cable television
franchise of Federal Communications Commission Form 393. If the President
and the Board of Trustees of the Village of Thornton takes no action
within 30 days from the date the cable operator files its basic cable
rate with the Town, the proposed rates will continue in effect.
B.
In the event that additional time for review of the Federal Communications
Commission Form 393 submitted by grantee is necessary, the President
and the Board of Trustees of the Village or their designee shall issue
a brief written order prior to the end of the thirty-day review period,
with a copy of said order to be sent by certified United States mail
to the grantee, providing for an additional ninety-day period for
review of rates of the basic service tier and the equipment necessary
to provide said basic tier of service. During the extended review
period and before taking action on the proposed rate, the President
and the Board of Trustees of the Village of Thornton shall hold at
least one public hearing in which interested citizens may express
their views and record objections.
[4-4-1994]
A.
The Village shall establish that the period for review of the basic
service tier of cable television services and the equipment necessary
to provide said basic tier of services shall be 90 days from the submission
by the grantee of information and forms prescribed by the Federal
Communications Commission for a showing of cost-of-service, as defined
by the Federal Communications Commission.
B.
In the event that the additional time for review of the cost-of-service
showing submitted by the grantee is necessary, the President and the
Board of Trustees or their designee shall issue a brief written order
to the end of the ninety-day review period with a copy of said order
to be sent by certified United States mail to the grantee, providing
for an additional one-hundred-fifty-day period for review of rates
of the basic service tier and the equipment necessary to provide said
basic tier of service. During the extended review period and before
taking action on the proposed rate, the President and the Board of
Trustees of the Village of Thornton shall hold at least one public
hearing in which interested citizens may express their views and record
objections.
[4-4-1994]
A.
Upon completion of its review of the proposed rates for the basic
service tier of cable television services and the equipment necessary
to provide said basic tier of service, the President and the Board
of Trustees of the Village of Thornton shall adopt its decision by
formal resolution. Said resolution shall indicate the reasons for
the decision. Upon passage of the resolution, the President and the
Board of Trustees shall publish the resolution in pamphlet form.
B.
In the event that the cable operator's proposed rates exceed
the reasonable rate standard as established by the FCC in its rules
and regulations attached hereto, the President and the Board of Trustees
may order the rates reduced by rollbacks or refunds to subscribers,
in the manner so prescribed by the FCC
[4-4-1994]
The President or appropriate designee, is authorized to execute
on behalf of the Village and file with the FCC such certification
forms or other instruments as are now or may hereafter be required
by the FCC Rate regulations in order to enable the Village to regulate
Basic Service Rates and Charges.
[4-4-1994]
The President and the Board of Trustees of the Village may order
the cable operator to refund to subscribers a portion of previously
paid rates under the following circumstances:
[4-4-1994]
Failure by the cable operator to comply with the terms and conditions
established by this article shall constitute a violation of the Cable
Television Franchise Ordinance originally enacted by the Board of
Trustees as amended and extended. Penalties for such violation are
subject to the provisions of the Municipal Code of the Village of
Thornton.
