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.