The Cable Television Consumer Protection and
Competition Act of 1992 authorizes franchising authorities to regulate
certain rates for cable television service and equipment. The Town
of Mamaroneck desires to regulate cable rates except to the extent
that it is prohibited from doing so by applicable law. Federal Communications
Commission (FCC) regulations implementing the Cable Television Consumer
Protection and Competition Act of 1992 require franchising authorities
to adopt regulations before rate regulation of basic service and equipment
can begin.
Subject to FCC regulations governing the burden
of proof, a rate filing submitted by a franchisee must show that the
rates the franchisee proposes to charge for basic service and equipment
are reasonable. Except as inconsistent with FCC rules:
A. Every rate filing must clearly state in a covering
letter whether it justifies existing rates, or proposes an increase
in rates. The covering letter must also identify any rate that is
derived in whole or in part based upon cost of service, and identify
any pages of the rate filing that contain information that the franchisee
claims is proprietary. It must state whether any part of the proposed
increase is based on an inflation adjustment or an alleged increase
in external costs. The cover letter should also contain a brief, narrative
description of any proposed changes in rates or in service.
B. The pages of each rate filing must be numbered sequentially.
C. The rate filing must contain all applicable FCC forms
and these forms must be correctly completed.
D. If different rates are proposed for basic service
for different classes of customers, the filing must show that the
classifications and the differences in the rate charged are reasonable
and consistent with federal law.
The Board shall be responsible for administering
the provisions herein. Without limitation and by way of illustration:
A. The Board shall ensure that notices are given to the
public and each franchisee as required herein and by FCC regulations.
B. The Board may submit requests for information to the franchisee and establish deadlines for response to them, as provided in §
74-9.
C. For good cause, the Board may waive any provision
herein or extend any deadline for filing or response except as to
such matters that are mandatory under FCC regulations.
D. The Board shall rule on any request for confidentiality.
E. The Board shall prepare the recommendations to the Town contemplated by §
74-6. If the Board recommends that any increase be denied in whole or in part, it shall:
(1) Propose a rate and explain the basis for its recommendation
(it may propose that rates remain at existing levels).
(2) Recommend whether and on what basis refunds should
issue.
(3) Notify the franchisee of its recommendation at the
time it is submitted to the Town.
Except as prohibited by federal law, a franchisee
shall be subject to penalties and forfeitures under the Executive
Law, and its request for approval of a rate may be denied if it:
A. Knowingly submits false or fraudulent information
to the Board or the Town in connection with any rate proceeding.
B. Fails to comply with any lawful order or request of
the Board or the Town, including but not limited to a request for
information or an order setting rates; or
C. Evades or attempts to evade federal or local rate
regulation; provided that filing for approval of a rate that is later
determined to be unreasonable is not in and of itself an evasion of
federal or local rate regulation.
Any franchisee may petition for a change in
status in accordance with the Code of Federal Regulations, Title 47,
Part 76, Section 915, and the Town shall consider that petition in
accordance with the Code of Federal Regulations, Title 47, Part 76,
Section 915. The petition and five copies must be filed with the Board.