[Adopted 6-7-1994 by L.L. No. 1-1994]
The Village shall follow the Federal Communications Commission (FCC) rate regulations in its regulation of the basic service rates and charges of Continental Cablevision and/or any other franchisee hereafter operating in the Village, notwithstanding any different or inconsistent provision in any cable franchise.
A. 
A franchisee that is notified that its basic services and equipment rates are subject to rate regulation shall file, within 30 days of notification (but not earlier than November 15, 1993), a submission (hereinafter, the "rate filing") as required by FCC rate regulations. The franchisee's rates effected by such notice shall not be subject to increase, except with the prior approval of the Village or as provided by FCC rate regulations.
B. 
Every rate filing shall be submitted to the office of the Village Clerk of the Village of Ossining, Municipal Building, 16 Croton Avenue, Ossining, New York, 10562. Four copies of the filing are required to be submitted; if the operator claims any part of the filing is proprietary, it shall file four additional copies, which shall omit the proprietary information.
C. 
If external costs are included in the rate filing and/or if different rates for classes of customers are proposed, the rate filing is required to show how the rates are consistent with FCC rate regulations. A franchisee shall respond to requests for information from the Village by deadlines established by the Village.
D. 
If the Village finds that the initial rates and/or any subsequent rate increases are within the FCC rate regulation standards, the rates shall be effective 30 days after submission of the rate filing.
E. 
If the Village is unable to determine whether the rate at issue is within the FCC's benchmark standards, based on the material submitted by the franchisee or if the franchisee submitted a cost of service showing, the Village may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. The Village may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's benchmark rate standards. The Village may take an additional 150 days to evaluate a cost of service showing. The Village shall issue a written decision regarding its invocation of the additional time period and shall so notify the franchisee. If no action is taken within the above referenced time periods, the proposed rates shall go into effect, subject to subsequent refund orders, if the Village later issues a decision disapproving any portion of the proposed rates.
F. 
The Board of Trustees shall issue a written decision on its findings in compliance with the FCC rate regulations. if rates are in excess of the FCC rate regulations, the rates may be reduced by the Village pursuant to applicable FCC rate regulations.
G. 
After the initial rate regulation procedures are followed, any franchisee shall, in conjunction with each change in basic service rates and charges, conform to FCC rate regulations.
H. 
Every rate approved or prescribed shall be subject to further reduction and refund, as allowed by FCC rate regulations.
I. 
A franchisee shall be subject to all applicable penalties and forfeitures under the Village's franchise and FCC regulations; and
J. 
A franchisee is required to serve the Village with all finding made by the franchisee to the FCC related to the regulation of basic service rates and charges in the Village.
In connection with such regulation and except where nondisclosure of information is authorized and necessary, the Village shall provide for public inspection of the rate filing and ensure a reasonable opportunity for consideration of the views of interest parties, including, but not limited to the following:
A. 
After receiving a rate filing, the Village Clerk shall promptly publish a public notice that a filing has be received and that, except for those parts which may be withheld as proprietary pursuant to federal and/or state law, it is available for public inspection. The notice shall state that interested parties may comment on the filing, and shall provide for any and all interested parties to submit written comments on the filing to the Village Clerk during the comment period. The comment period shall be 10 days and shall commence on the date the notice is published. The franchisee may submit responses to comments by interested parties during the comment period and for five days thereafter.
B. 
If the Village extends the period for its review by 90 days for a benchmark showing or 150 days for a cost of service showing or for a longer period as allowed by FCC rate regulations, the period for comment by interested parties shall be extended for a twenty-day period commencing on the day the written decision extending the time period is issued. The franchisee may respond to comments by interested parties during such comment period and for five days thereafter.
C. 
If the Village prepares a public document analyzing the rate filing, such document shall be made available to the franchisee. The franchisee shall have three days or such longer period as specified by the Village, to file a response to the Village. Prior to prescribing a rate or a refund, the Village shall provide the franchisee with an opportunity to comment on the proposed rate or refund.
D. 
Notice of the public comment period for interested parties shall be provided in accordance with local law.
The Village Manager or his designee is authorized on behalf of the Village to execute and file with the FCC such submissions as are now or may hereafter be required by the FCC rate regulations in order to regulate basic service rates and charges and to establish any additional procedures for the Village and the franchisee in conformity with FCC rate regulations. The Village may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the Village, to properly evaluate and analyze rates and changes.
A. 
If these provisions, or any request for information requires the production of proprietary information, the franchisee is required to produce the information. However, a franchisee may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The franchisee must state the reasons why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the Village determines that nondisclosure is consistent with the provisions of the Freedom of Information Act, 5 U.S.C. § 552, FCC Rate Regulations, and New York State law, where applicable. If the franchisee requests confidentiality and the request is denied, where the franchisee is proposing a rate increase, it may withdraw the proposal, in which case the allegedly proprietary information shall be returned to it; or the franchisee may seek review within five working days of the denial in any appropriate forum. Release of the information will be stayed until such time as disclosure is required by law.
B. 
A request by any interested person or party for public disclosure and inspection of material is withheld by the Village as proprietary shall be governed by the aforementioned federal and state law where applicable. The Village will notify the franchisee of the disposition of any request for public disclosure of information claimed by the franchisee and withheld by the Village of proprietary information. The requesting party or the franchisee may seek review of any decision by the Village regarding proprietary information by filing an appeal with the appropriate forum as required by law. Disclosure of the information in question will be stayed pending resolution of any such appeal.