The City Council shall regulate basic service rates in accordance with
the substantive and procedural provisions of the federal law and any applicable
state law or regulations or local ordinances.
In rendering its decisions, the Council shall have the full authority
granted to it pursuant to the federal law to order a cable operator to take
any and all actions as the federal law permits, including, without limitation:
A. Ordering a cable operator to implement a reduction in
basic service tier or associated equipment rates where necessary to bring
rates into compliance with the standards set forth in the federal law.
B. Prescribing a reasonable rate for the basic service tier
or associated equipment after it determines that a proposed rate is unreasonable.
C. Ordering a cable operator to refund to subscribers that
portion of previously paid rates determined to be in excess of the permitted
tier charge or above the actual cost of equipment, unless the operator has
submitted a cost-of-service showing which justified the rate charged as reasonable.
Before ordering such a refund, however, the city shall give the operator notice
and shall give the operator fifteen (15) days from the date such notice is
given to submit written comments to the city. Any such refund order shall
be further subject to the limitations contained in the federal law.
In the event that a cable operator does not comply with a decision made pursuant to this chapter and directed specifically toward the cable operator, the city may assess a fine against the cable operator as provided in §
207-16.