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.
A.
Within thirty (30) days of receiving written notification from the city that the city has been certified by the FCC to regulate rates for the basic service, a cable operator shall file its schedule of rates for the basic service and associated equipment with the city (together with the fee specified by § 207-9F).
B.
At least thirty (30) days prior to increasing its rates for the basic service, a cable operator shall notify each subscriber of the proposed rate increase and shall file a notice of its proposed rate increase with the city (together with the fee specified by § 207-9F).
C.
At the time of filing a schedule of rates or a proposed
rate increase with the city, a cable operator shall publish a summary of the
rates or rate increase in a local newspaper for at least three (3) consecutive
days and cablecast a summary of the rates or rate increase on its public information
channel at least twice daily at such times as are reasonably expected to reach
the largest audience, over a three-day period, in each case notifying interested
parties that they must submit written comments by a date certain [within fifteen
(15) days of the cable operator's filing with the municipality], at the appropriate
address.
D.
A cable operator shall comply with all orders of the
city, except that a cable operator shall not be required to comply with an
order if the cable operator demonstrates that complying with the order would
require the cable operator to disclose proprietary information.
A.
Upon receipt of a cable operator's schedule of rates
or a proposed rate increase, the city shall cablecast a summary of the rates
or rate increases on the channel(s) allocated to the city, at least twice
daily at such times as are reasonably expected to reach the largest audience,
over a three-day period, along with a notice that interested parties shall
submit written comments to the city by a date certain [within fifteen (15)
days of the cable operator's filing with the city], at One City Hall Place,
Coatesville, PA 19320.
B.
The city shall make any decision on the reasonableness
of current basic service rates and proposed rate increases pursuant to the
procedural and substantive provisions of the federal law.
C.
In making a decision on the reasonableness of current
basic service rates or proposed rate increases, the city shall have the authority
to compel the production of proprietary information from cable operators;
and in such circumstances, the city shall be subject to the confidentiality
provisions set forth elsewhere in this chapter.
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.
