In connection with the regulation of rates for
basic cable service and associated equipment, the Charter Township
of Blackman shall follow all FCC Rules.
Upon the filing of 10 copies of the schedule of rates or the proposed increase in rates pursuant to §
64-4A above, the Township Clerk shall publish a public notice in a newspaper of general circulation in the Township which shall state that the filing has been received by the Township Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying; and interested parties are encouraged to submit written comments on the filing to the Township Clerk not later than seven days after the public notice is published. The Township Clerk shall give notice to the cable operator of the date, time, and place of the meeting at which the Township Board shall first consider the schedule of rates or the proposed increase. This notice shall be mailed by first class mail at least three days before the meeting. In addition, if a written staff or consultant's report on the schedule of rates or the proposed increase is prepared for consideration of the Township Board, then the Township Clerk shall mail a copy of the report by first class mail to the cable operator at least three days before the meeting at which the Township Board shall first consider the schedule of rates or the proposed increase.
After a cable operator has filed its existing schedule of rates or a proposed increase in these rates, the existing schedule of rates will remain in effect or the proposed increase in rates will become effective after 30 days from the date of filing under §
64-4A above unless the Township Board (or other properly authorized body or official) tolls the thirty-day deadline pursuant to 47 CFR S 76.933 by issuing a brief written order, by resolution or otherwise, within 30 days of the date of filing. The Township Board may toll the thirty-day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-of-service showings.
If a written order has been issued pursuant to §
64-7 and 47 CFR 76.933 to toll the effective date of existing rates for the basic service tier and associated equipment or a proposed increase in these rates, the cable operator shall submit to the Township any additional information required or requested pursuant to §
64-4 of this article. In addition, the Township Board shall hold a public hearing to consider the comments of interested parties within the additional ninety-day or one-hundred-fifty-day period, as the case may be. The Township Clerk shall publish a public notice of the public hearing in a newspaper of general circulation within the Township which shall state the date, time, and place at which the hearing shall be held; interested parties may appear in person by agent or by letter at such hearing to submit comments on or objections to the existing rates or the proposed increase in rates; and copies of the schedule of rates or the proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying from the office of the Clerk. The public notice shall be published not less than 15 days before the hearing. In addition the Township Clerk shall mail by first class mail a copy of the public notice to the cable operator not less than 15 days before the hearing.
Following the public hearing, the Township Supervisor shall cause a report to be prepared for the Township Board which shall (based on the hiring of the cable operator, the comments or objections of interested parties, information requested from the cable operator and its response, staff or consultant's review, and other appropriate information) include a recommendation for the decision of the Township Board pursuant to §
64-10. The Township Clerk shall mail a copy of the report to the cable operator by first class mail not less than 20 days before the Township Board acts under §
64-10. The cable operator may file a written response to the report with the Township Clerk. If at least 10 copies of the response are filed by the cable operator with the Township Clerk within 10 days after the report is mailed to the cable operator, the Township Clerk shall forward it to the Township Board.
The Township Board shall issue a written order, by resolution or otherwise, which, in whole or in part, approves the existing rates for basic cable service and associated equipment or a proposed increase in such rates, denies the existing rates or proposed increase, orders a rate reduction, prescribes a reasonable rate, allows the existing rates or proposed increase to become effective subject to refund, or orders other appropriate relief, in accordance with the FCC Rules. If the Township Board issues an order allowing the existing rates or proposed increase to become effective subject to refund, it shall also direct the cable operator to maintain an accounting pursuant to 47 CFR S 76.933. The order specified in this section shall be issued within 90 days of the tolling order under §
64-7 in all cases not involving a cost-of-service showing. The order shall be issued within 150 days after the tolling order under §
64-7 in all cases involving a cost-of-service showing.
The Township Board may order a refund to subscribers
as provided in 47 CFR 76.942. Before the Township Board orders a refund
to subscribers, the Township Clerk shall give at least seven days'
written notice to the cable operator by first class mail of the date,
time, and place at which the Township Board shall consider issuing
a refund order and shall provide an opportunity for the cable operator
to comment. The cable operator may appear in person, by agent, or
by letter at such time for the purpose of submitting comments to the
Township Board.
Any order of the Township Board pursuant to §
64-10 or
64-11 shall be in writing, shall be effective upon adoption by the Township Board, and shall be deemed released to the public upon adoption. The Clerk shall publish a public notice of any such written order in a newspaper of general circulation within the Township which shall summarize the written decision, and state that copies of the text of the written decision are available for inspection or copying from the office of the Clerk. In addition the Township Clerk shall mail a copy of the text of the written decision to the cable operator by first class mail.
In addition to rules promulgated pursuant to §
64-4, the Township Board may, by resolution or otherwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, the conduct of hearings), consistent with the Act and the FCC Rules.
The failure of the Township Clerk to give the
notices or to mail copies of reports as required by this article shall
not invalidate the decisions or proceedings of the Township Board.
In addition to the requirements of this article,
the Township Board may hold additional public hearings upon such reasonable
notice as the Township Board, in its sole discretion, shall prescribe.
The Township 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 article shall be in addition to powers conferred
by law or otherwise. The Township may take any action not prohibited
by the Act and the FCC Rules to protect the public interest in connection
with basic cable service rate regulation.
The Township may pursue any and all legal and
equitable remedies against the cable operator (including, without
limitation, all remedies provided under a cable operator's franchise
with the Township) for failure to comply with the Act, the FCC Rules,
any orders or determinations of the Township pursuant to this article,
any requirements of this article, or any rules or regulations promulgated
hereunder. Subject to applicable law, failure to comply with the Act,
the FCC Rules, any orders or determinations of the Township pursuant
to this article, any requirements of this article, or any rules and
regulations promulgated hereunder, shall also be sufficient grounds
for revocation or denial of renewal of a cable operator's franchise.
In the event of any conflict between this article
and the provisions of any prior ordinance or any franchise, permit,
consent agreement or other agreement with a cable operator, then the
provisions of this article shall control.