[Adopted 2-22-1993 as Ord. No. 1047
(Ch. 95 of the 1984 Code)]
This ordinance may be known and referred to as the "City of Roseville
Cable Television Rate Regulation Ordinance."
The purpose of this ordinance is to regulate rates of cable television,
basic service and associated equipment through the adoption of regulations
consistent with the provisions of the Federal Communications Act of 1934,
as amended, including the Cable Television Consumer Protection and Competition
Act of 1992, Public Law 102-385, and the Federal Communications Commission's
rules and/or regulations promulgated pursuant thereto; and to provide procedures
applicable to rate regulation which offer a reasonable opportunity for comment
by interested parties.
A.
ACT
ASSOCIATED EQUIPMENT
BASIC SERVICE
CHAPTER
CITY
EXISTING RATES
FCC
FCC RULES AND/OR REGULATIONS
FRANCHISING AUTHORITY
RATE INCREASE
REGULATED CABLE OPERATOR
The following words and terms used in this ordinance
are defined as follows:
The Federal Communications Act of 1934, as amended, specifically
including the amendments contained in the Cable Television Consumer Protection
and Competition Act of 1992, Public Law 102-385.
All equipment and services subject to regulation pursuant to 47 CFR
76.923. Said equipment and services are those used by the subscriber to receive
basic service cable programming, regardless of whether such equipment and
services are also used to receive other tiers of regulated programming service
and/or unregulated tiers of programming service(s). "Associated equipment"
includes but is not limited to:
The level or tier of cable television programming which includes,
at a minimum, 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), a public, educational and/or
governmental programming required by the Franchising Authority to be carried
as a basic service, and any additional video programming signals added to
the basic service by the regulated cable operator.
This Cable Television Basic Service Regulations Ordinance.
The City of Roseville, Macomb County, Michigan.
The rates for basic service and associated equipment charged by a
regulated cable operator on the initial date of regulation by the Franchising
Authority.
The United States Federal Communications Commission.
Any and all rules and/or regulations which the FCC promulgates and/or
adopts pursuant to the Act.
The City of Roseville Council.
An increase in rates for basic service and/or associated equipment,
including, among others, increases in rates that are the result in reductions
in programming provided under the basic service.
Any operator of a cable television system that is subject to regulation
by a certified Franchising Authority.
B.
Undefined words or terms. Any word or term which is not specifically defined in Subsection A of this section shall be given its normal, ordinary meaning, provided that any word or term which is used in this ordinance and which is not specifically defined in Subsection A of this ordinance but is defined in the FCC rules and/or regulations shall have the meaning given to such word or term in the FCC rules and/or regulations.
A.
The city, by this reference, hereby adopts all rules
and regulations regarding basic service rates and associated equipment rates
which the FCC promulgates pursuant to the Act and makes said rules and regulations
part of this ordinance.
B.
The city has submitted an application to the FCC for
certification as a Cable Franchising Authority pursuant to the Act. Upon certification
as a Cable Franchising Authority, the city shall regulate the basic service
rates and associated equipment rates in compliance with the Act, the FCC rules
and/or regulations and this ordinance.
C.
Upon receiving its certification, the Franchising Authority
shall send written notice of its certification and notice that it has adopted
the required regulations, return receipt requested, to all regulated cable
operators within the city. The date upon which the Franchising Authority gives
this notice is the initial date of regulation.
Effective upon certification of the city as a Cable Franchising Authority,
the City Council is hereby designated as the Cable Franchising Authority for
the city and shall execute the powers, duties and responsibilities given to
the Cable Franchising Authority in this ordinance, the Act and the FCC rules
and/or regulations.
A.
A regulated cable operator shall comply with all duties
and obligations imposed upon the regulated cable operator by the Act, FCC
rules and/or regulations and this ordinance.
B.
A regulated cable operator has the burden of proving
that its submitted existing rates or a proposed rate increase complies with
the Act and FCC rules and/or regulations, including, without limitation, 47
U.S.C. § 543 and 47 CFR 76.922 and 76.923.
A.
Within 30 days of receiving the notice identified in § A380-4C of this ordinance, a regulated cable operator shall submit an original and 10 copies of a written schedule of the regulated cable operator's existing rates to the Franchising Authority. Said schedules shall be addressed in care of the City Clerk.
B.
The schedule(s) identified in Subsection A of this section shall contain a detailed statement explaining whether the regulated cable operator's existing rates comply with existing FCC rules and/or regulations for basic service rates and associated equipment rates.
C.
Upon receipt of existing basic service rate and associated
equipment rate schedule(s), the City Clerk shall provide the schedule(s) to
the Franchising Authority within seven days.
A.
Unless the time for conducting the public hearing and entering a decision is extended by the issuance of a tolling order by the Franchising Authority pursuant to § A380-11 of this ordinance, the Franchising Authority shall hold a public hearing on the existing rate schedule(s) which the regulated cable operator submitted to the Franchising Authority and enter a decision on said submitted schedule(s) within 30 days of the date the City Clerk received the schedule(s). If the time for conducting the public hearing is extended pursuant to § A380-13 of this ordinance, a public hearing should be held and decision rendered before the extended time period expires.
B.
The existing rates identified in the submitted schedule(s) of rates shall go into effect 30 days from the date of the City Clerk's receipt of the schedule(s) unless the Franchising Authority disapproves the rate or extends the time period for conducting the review of existing rates pursuant to § A380-11 of this ordinance.
C.
If the Franchising Authority fails to act on the submitted
existing rates by the end of the respective tolling period then the rates
will remain in effect. If the Franchising Authority subsequently disapproves
any portion of said rates, refunds may not be ordered unless a brief written
order is issued by the Franchising Authority before the end of the respective
tolling period directing the regulated cable operator to keep an accurate
accounting of all its customers and the amounts paid by each as a result of
said rates.
A.
The regulated cable operator cannot institute a rate
increase charged to its subscribers unless the regulated cable operator complies
with the Act, FCC rules and/or regulations and this ordinance.
B.
A regulated cable operator which proposes a rate increase
must submit at least 10 copies of the proposed rate increases request to the
Franchising Authority in care of the City Clerk.
A.
Unless the time for conducting the public hearing and entering a decision is extended by the issuance of a tolling order by the Franchising Authority pursuant to § A380-11 of this ordinance, the Franchising Authority shall conduct a public hearing and render a decision upon the regulated cable operator's proposed rate increase request within 30 days of the City Clerk's receipt of a proposed rate increase request. If the time for holding the public hearing is extended pursuant to § A380-11 of this ordinance, the public hearing should be held and decisions rendered before the extended time period expires.
B.
A proposed rate increase requested by a regulated cable operator will become effective after 30 days have elapsed from the date the City Clerk received the proposed rate increase request unless the Franchising Authority disapproves the proposed rate increase or extends the time period for conducting the review of the proposed rate increase pursuant to § A380-11 of this ordinance.
C.
If the Franchising Authority allows rate increases to
go into effect at the end the respective tolling period through inaction and
then subsequently disapproves any portion of such rates, then refunds may
not be ordered unless a brief written order is issued by the Franchising Authority
before the end of the respective tolling period, directing the regulated cable
operator to keep an accurate accounting of all its customers and the amounts
paid by each as a result of said rates.
A.
If the Franchising Authority is unable to determine,
based upon the material submitted by the regulated cable operator, that the
existing rates or proposed rate increase(s) are reasonable or if the regulated
cable operator has submitted a cost of service showing, then the Franchising
Authority may toll the thirty-day deadline for an additional 90 days in cases
not involving cost of service showings or for an additional 150 days in cases
involving cost of service showings.
B.
In order for the Franchising Authority to toll the thirty-day period pursuant to Subsection A of this section, the Franchising Authority must issue an order explaining that additional time and/or information is necessary in order for the Franchising Authority to act upon the existing rates or the proposed rate increase. Said order must be in writing, by resolution adopted within said thirty-day period.
C.
The Franchising Authority shall send a copy of the tolling
order to the regulated cable operator by first-class mail within seven days
after the effective date of the decision.
A.
During the public hearing on the review of a regulated
cable operator's existing rates or on review of a proposed rate increase,
the Franchising Authority shall provide the regulated cable operator and all
other interested persons with the opportunity to comment on the rates either
in person, in writing or by agent.
B.
The Franchising Authority may conduct as many public
hearings as necessary to carry out the provisions of the Act, FCC rules and/or
regulations and this ordinance.
C.
If the Franchising Authority deems it necessary, either
prior to or following a public hearing, the Franchising Authority may direct
the preparation of a written report for the Franchising Authority. This report
may contain a recommendation to the Franchising Authority for its decision
on the review of the existing rate schedule(s) or proposed rate request submitted
by a regulated cable operator; comments or objections to the schedule or request
which the Franchising Authority received from the regulated cable operator;
any additional information received from the regulated cable operator; information
which the Franchising Authority received from a consultant, its staff or its
attorney; and other information which it deems appropriate.
D.
The Franchising Authority shall send, by first-class
mail, a copy of any report to the regulated cable operator prior to the Franchising
Authority's consideration of the report at a public hearing.
A.
The Franchising Authority shall send a written notice
of the date, time and location of the public hearing to the regulated cable
operator which submitted the existing rates or proposed rate increase for
review no less than seven days before the date of the public hearing. Said
notice is to be sent to the regulated cable operator by first-class mail.
B.
The Franchising Authority shall cause to be published,
in a qualified newspaper of general circulation within the city, a notice
of the public hearing on the existing rate schedule(s) or proposed rate increase
request no less than seven days before the public hearing. Said notice shall:
(1)
State that a regulated cable operator has submitted the
existing rate schedule(s) or proposed rate increase request to the Franchising
Authority for review pursuant to this ordinance.
(2)
State the location and times at which the public may
examine the submitted schedule(s) of existing rates or proposed rate increase
request.
(3)
State the date, time and location at which the Franchising
Authority will conduct the public hearing.
(4)
State that all interested persons shall have an opportunity
to comment on the rates at the public hearing, and/or to submit written comments
on or before the date of the public hearing to the Franchising Authority.
The Franchising Authority shall issue a written order supported by its
reasons, by resolution which:
A.
Approves the regulated cable operator's existing
rate or proposed rate increase; or
B.
Disapproves the regulated cable operator's existing
rate or proposed rate increase; or
C.
Approves, in part, and disapproves, in part, the regulated
cable operator's existing rate or proposed rate increase; and/or
D.
Orders a rate reduction; and/or
E.
Prescribes a reasonable rate; and/or
G.
Orders any further appropriate relief permitted by this
ordinance, the Act or the FCC rules and/or regulations.
A.
If the Franchising Authority determines that the subscribers to a regulated cable operator may be entitled to a refund pursuant to FCC rules and/or regulations (specifically 47 CFR 76.942), the Franchising Authority shall include a notice in its decision, issued pursuant to § A380-14, that the Franchising Authority will hold a public hearing to consider ordering the regulated cable operator to make a refund to subscribers.
B.
The Franchising Authority shall then conduct a public
hearing to determine whether to order a refund to subscribers and the amount
of the refund.
C.
The Franchising Authority shall send, by first-class
mail to the regulated cable operator, written notice of the date, time and
location of the public hearing. Said notice must be sent no less than seven
days before the public hearing.
B.
Notice of all decisions of the Franchising Authority issued pursuant to §§ A380-14 and/or A380-16 of this ordinance shall be published in a qualified newspaper of general circulation in the city no less than 15 days after the effective date of the decision. Said notice shall include:
(1)
A summary of the Franchising Authority's written
decision.
(2)
A statement that copies of the Franchising Authority's
decision are available for public inspection.
(3)
A statement as to the location at which, and times during
which, the public may inspect copies of the Franchising Authority's decision.
C.
The Franchising Authority shall send, by first-class
mail, a copy of the Franchising Authority's decision to the regulated
cable operator not more than seven days after the effective date of the Franchising
Authority's decision.
A.
If this ordinance, or any rules or regulations adopted
by the city pursuant to this ordinance, requires the production of propriety
information, the regulated cable operator shall produce the information. However,
at the time the allegedly proprietary information is submitted, a regulated
cable operator may request that specific, identified portions of its response
be treated as confidential and withheld from public disclosure.
(1)
The request must state the reason why the information
should be treated as proprietary and the facts that support those reasons.
(2)
The request for confidentiality will be granted if the
city determines that the preponderance of the evidence shows that nondisclosure
is consistent with the provisions of the Freedom of Information Act, 5 U.S.C.
§ 552.
(3)
The city shall place in a public file, for inspection,
any decision that results in information being withheld.
(4)
If the regulated cable operator requests confidentiality
and the request is denied, the regulated cable operator may withdraw its proposal
when proposing a rate increase, in which case the allegedly proprietary information
will be returned to it; or the regulated cable operator may seek review within
five working days of the denial in any appropriate forum. Release of the information
will be stayed pending review.
B.
Any interested party may file a request to inspect material
withheld as proprietary with the city. The city shall weigh the policy considerations
favoring nondisclosure against the reasons cited, for permitting inspection
in light of the facts of the particular case. It will then promptly notify
the requesting entity and the regulated cable operator that submitted the
information as to the disposition of the request. It may grant, deny or condition
a request. The requesting party or the regulated cable operator may seek review
of the decision by filing an appeal in any appropriate forum. Disclosure will
be stayed pending resolution of any appeal.
C.
The procedure set forth in this section shall be construed
as analogous to and consistent with the rules of the FCC regarding requests
for confidentiality, including, without limitation, 47 CFR 0.459.
In addition to the rules promulgated pursuant to this ordinance, the
city may, by resolution or otherwise, adopt rules and regulations for basic
cable service rate regulation proceedings (including, without limitation,
the conduct of the hearings), consistent with the Act and FCC rules and/or
regulations.
The failure of the City Clerk to give the notices or to mail copies
of reports as required by this ordinance shall not invalidate the decisions
or proceedings of the Franchising Authority.
In addition to the requirements of this ordinance, the Franchising Authority
may hold additional public hearings upon such reasonable notice as the Franchising
Authority, in its sole discretion, shall prescribe.
The city shall possess all powers conferred by the Act, the FCC rules,
the cable operator's franchise and all other applicable law. The powers
exercised pursuant to the Act, the FCC rules and this ordinance shall be in
addition to powers conferred by law or otherwise. The city may take any action
not prohibited by the Act or the FCC rules to protect the public interest
in connection with the basic cable service rate regulation.
The city may pursue any and all legal and equitable remedies against
the regulated cable operator for failure to comply with the Act, the FCC rules
and/or regulations, any orders or determinations of the Franchising Authority
pursuant to this ordinance, any requirements of this ordinance or any rules
or regulations promulgated hereunder.
