Any word or terms which is not specifically defined in §
43-2 of this chapter and Chapter
41 of the City Code of Ordinances shall be given its normal, ordinary meaning. Provided that any word which is used in this chapter but which is not specifically defined in §
43-2 of this chapter or Chapter
41, §
41-2 but which is defined in FCC rules or regulations shall have the meaning given to such word or term in the FCC rules and/or regulations
The franchising authority shall issue a written order supported by its
reasons, by resolution which:
A. Approves the regulated cable operator's existing rate
or proposed rate increase; or
B. Disapproves the regulated cable operator's existing rate
or proposed rate increase; or
C. Approves in part, and disapproves, in part, the regulated
cable operator's existing rate or proposed rate increase; and/or
D. Orders a rate reduction; and/or
E. Prescribes a reasonable rate; and/or
F. Determines that a refund hearing should be held pursuant to §
43-15 of this chapter; and/or
G. Orders any further appropriate relief permitted by this
chapter, the Act or the FCC rules and/or regulations.
The franchising authority may require the regulated cable operator to
produce documents needed to make rate decisions, as well as all information
provided to the FCC. Requests that proprietary information be held confidential
shall be supported by the regulated cable operator and shall be handled in
a manner analogous to the procedures and criteria set forth in the FCC's rules.
The City shall possess all powers conferred by the Act, the FCC rules
and/or regulations, the cable operator's franchise, and all other applicable
law. The powers exercised pursuant to the Act, the FCC rules and/or regulations
and this chapter shall be in addition to powers conferred by law or otherwise.
The City may take any action not prohibited by the Act and the FCC rules to
protect the public interest in connection with basic cable service rate regulation.
The City may impose any and all legal and equitable remedies authorized
by law against the regulated cable operator, including all remedies provided
under a regulated cable operator's consent agreement with the City or side
agreement with the City for failure to comply with the Act, the FCC rules
and/or regulations, any orders or determinations of the City pursuant to this
chapter, any requirements of this chapter, or any rules or regulations promulgated
by law. The regulated cable operator's failure to comply with the Act, the
FCC rules and/or regulations, any orders or determinations of the City pursuant
to this chapter or requirements of this chapter or any rules and regulations
promulgated pursuant to the Act shall be sufficient grounds for sanctions,
subject to applicable law, including revocation or denial of renewal of a
regulated cable operator's consent agreement.
The provisions of this chapter are hereby declared to be separable and
if any clause, sentence, word, section, or provision is declared void or unenforceable
for any reason, by any court of competent jurisdiction, it shall not affect
any portion of the chapter other than said part or portion thereof.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.