The town shall follow the Federal Communications Commission (FCC) regulations
in its regulation of basic service rates and charges of Continental Cablevision
and/or any other franchisee hereafter operating in the town, 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 affected by such notice shall not be subject to increase except with
the prior approval of the town or as provided by FCC rate regulations.
B. Every rate filing shall be submitted to the office of
the Town Clerk of the Town 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 town by deadlines
established by the town.
D. If the town 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 town 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 town 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 town 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 town may take
an additional 150 days to evaluate a cost of service showing. The town 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 town later issues a decision disapproving any portion
of the proposed rates.
F. The Town Board 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 town pursuant
to applicable FCC rate regulations.
G. After the initial rate regulation procedures are followed,
a 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 town's franchise and FCC regulations.
J. A franchisee is required to serve the town with all findings
made by the franchisee to the FCC related to the regulation of basic service
rates and charges in the town.
In connection with such regulation and except where nondisclosure of
information is authorized and necessary, the town shall provide for public
inspection of the rate filing and ensure a reasonable opportunity for consideration
of the views of interested parties, including but not limited to the following:
A. After receiving a rate filing, the Town Clerk shall promptly
publish a public notice that a filing has been 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 Town
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 town extends the period for its review by 90 days
for a benchmark showing or 150 days for 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 town 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 specified by the town
to file a response to the town. Prior to prescribing a rate or a refund, the
town 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.