[Adopted 3-20-2001 by Ord. No. 2001-04]
As used in this article, the following terms
shall have the meanings indicated:
ANNUAL RATE ADJUSTMENT
A proposed change in a cable operator's existing rates for
the basic service tier and associated equipment costs using the annual
filing system pursuant to Section 76.922(e) and Section 76.923 of
the Federal Communications Commission rules.
BASIC SERVICE TIER
At a minimum, includes 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 operator(s)], any public, educational, and governmental
programming required by the franchise agreement to be carried on the
basic tier, and any additional video programming signals or service
added to the basic tier by the cable operator(s).
CABLE ACT OF 1992
Cable Television Consumer Protection and Competition Act,
Pub. L. No. 102-385, 106 Stat. 1460 (1992).
CABLE OPERATOR(S)
All cable television operators who are party to a current
franchise agreement with the franchising authority.
CABLE PROGRAMMING SERVICE
Any video programming provided over a cable system, regardless
of service tier, including installation or rental of equipment used
for the receipt of such video programming, other than:
A.
Video programming carried on the basic service
tier; and
B.
Video programming offered on a per-channel or
per-program basis.
CERTIFICATION
The certification received by the franchising authority from
the FCC, empowering the franchising authority to regulate certain
cable television rates.
COST-OF-SERVICE RATE APPLICATION
A rate application filed in the manner prescribed and on
the forms adopted by the FCC. A cost-of-service rate application may
be submitted by a cable operator(s), in its sole discretion, in support
of its current rates or a proposed rate increase.
CURRENT RATES
Those rates in effect for the basic service tier, and for
the equipment and installation necessary to receive the basic service
tier, existing on the date when the franchising authority notifies
the cable operator(s) that it has received certification.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between one or more cable operator(s) and the
franchising authority pursuant to which the cable operator(s) was
granted a franchise to offer cable television service to subscribers.
MAXIMUM PERMITTED RATES
Those rates against which all rate applications shall be
measured. The maximum permitted rates shall be determined consistent
with the rules adopted by the FCC.
OPINION
An opinion issued by the franchising authority in response
to any rate application.
ORDER
An order issued by the franchising authority advising the
cable operator(s) and other interested parties of the franchising
authority's intent to take additional time to review and approve or
disprove any rate application.
PRESCRIBED RATE
The rate prescribed by the franchising authority for the
basic service tier and/or for the equipment and installation necessary
to receive the basic service tier, which may differ from the proposed
rate submitted by the cable operator(s) in a rate application.
RATE APPLICATION
An application on the form adopted by the FCC to be submitted
by the cable operator(s) for approval of its current rates and/or
any proposed increase in the rates for the basic service tier and/or
for the equipment and installation necessary to receive the basic
service tier.
REFUND
Any refund ordered by the franchising authority of rates charged for the basic service tier and/or the rates for the equipment and installation necessary to receive the basic service tier pursuant to the terms contained in §
75-4D(2).
SUBSCRIBER
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
Pursuant to the power and authority granted
to the franchising authority under the Cable Act of 1992, its certification
by the FCC for regulating rates for the basic service tier, and rates
for the equipment and installation necessary to receive the basic
service tier, and other charges which may be regulated by the franchising
authority pursuant to the regulations adopted by the FCC under the
Cable Act of 1992, the franchising authority shall exercise regulatory
power over the rates charged or to be charged to a subscriber for
the basic service tier, and for the equipment and installation necessary
to receive the basic service tier applicable to those subscribers
of the cable operator(s).
Appeals of all ratemaking decisions by the franchising
authority may be taken to the FCC by the cable operator(s), subscribers,
or other interested parties.
A. Appeals must be filed within 30 days of the date of
public release of the franchising authority's opinion.
B. Opposition to an appeal must be filed within 15 days
after the filing of the appeal and must be served on the party appealing.
C. Replies to opposition shall be filed within seven
days of the filing of an opposition and served on all parties.
This article is adopted pursuant to Pennsylvania
law and the authority given to the franchising authority under the
Cable Act of 1992 and the regulations adopted by the FCC thereunder.
If any portion of this article shall become invalid or unenforceable
as a result of any subsequent federal legislation, or FCC regulation,
such invalidity and/or unenforceability shall not affect the validity
and enforceability of the remainder of this article, and the same
shall be interpreted as if the invalid or unenforceable provision
were not a part hereof.
[Adopted 3-20-2001 by Ord. No. 2001-05]
As used in this article, the following terms
shall have the meanings indicated:
CABLE ACT OF 1992
Cable Television Consumer Protection and Competition Act,
Pub. L. No. 102-385, 106 Stat. 1460 (1992).
CABLE OPERATOR
Each cable television operator who is or becomes a party
to a franchise agreement with the franchising authority.
CUSTOMER SERVICE STANDARDS
Those standards governing customer service which are prescribed
by the FCC existing on the effective date of this article and as may
be hereafter amended and may be enforced by the franchising authority.
FCC
The Federal Communications Commission.
FRANCHISE AGREEMENT
The agreement between a cable operator and the franchising
authority pursuant to which the cable operator was granted a franchise
to offer cable television services to subscribers.
SUBSCRIBER
A customer of the cable operator(s) receiving cable television
service within the geographic boundaries of the franchising authority.
This article is adopted pursuant to Pennsylvania
law and the authority given to the franchising authority under the
Cable Act of 1992 and the regulations adopted by the FCC thereunder.
If any portion of this article shall become invalid or unenforceable
as a result of any subsequent federal legislation, or FCC regulation,
such invalidity and/or unenforceability shall not affect the validity
and enforceability of the remainder of this article, and the same
shall be interpreted as if the invalid or unenforceable provision
were not a part hereof.