The authority for the regulation of basic service by the city
(local franchise authority) is the Cable Television Consumer Protection
and Competition Act of 1992 (Cable Act of 1992).
(Ordinance 93-30 adopted 11/9/93; 1994 Code, sec. 102.01)
The purpose of this division is to implement the rate regulation
provisions of the Cable Act of 1992 and to administer Federal Communications
Commission (FCC) requirements. Should the FCC modify the provisions
of their rules and regulations, the city shall comply with and administer
the modified rules and regulations.
(Ordinance 93-30 adopted 11/9/93; 1994 Code, sec. 102.02)
(a) The
cable operator has 30 days from the date of notification to submit
schedules and supporting information. Justification will be provided
on FCC Form 393 (benchmark calculation). The cable operator may invoke
a cost of service review on the grounds that its costs require higher
rates than the benchmark allows.
(b) The
city shall, within 30 days of receipt of the filing of the request,
issue a written order that:
(1) Allows the proposed rates to take effect;
(2) Disallows the proposed rates; or
(3) Extends the time to make a decision.
(A) If the cable operator is using benchmark rates, the extended time
shall be 90 days.
(B) If the cable operator is using cost of service, the extended time
shall be 120 days.
(Ordinance 93-30 adopted 11/9/93; 1994 Code, sec. 102.03)