§ 30-96. Procedures and standards for the regulation of rates.

(a)

[Findings.] The recitations in the preamble of Ordinance No. O-13-94 are incorporated herein for all purposes.

(b)

Full regulatory power reserved. All rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act and applicable FCC regulations, shall, to the extent permissible, be subject to regulation by the city in a manner provided by this section. The grantee shall be subject to the rate regulation provisions provided for herein, and those of the FCC at 47 C.F.R., part 76.900, subpart N.

The city reserves the right to amend this section from time to time including the right to decertify its rate regulation role consistent with the requirements of the FCC, and state and federal law.

(c)

Procedures for implementing regulation of basic cable service.

(1)

The city hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., part 76.900, subpart N.

(2)

Upon adoption of this section, the city will send to grantee, via certified mail, return receipt requested and hand delivery, a written notice, which shall include a copy of this section and the completed FCC form 328.

(3)

Grantee shall have 30 days to respond with rate and benchmark information utilizing FCC form 393, "Determination of Maximum Initial Permitted Rates For Regulated Cable Services and Actual Cost of Equipment."

a.

If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective 30 days after submission.

b.

If the city is unable to determine whether the rate in issue is within the FCC's standards, based on the material before it, or if the grantee has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the city may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period.

1.

The city may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's rate standards.

2.

The city may take an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level.

3.

The city must issue a brief written decision regarding its invocation of the additional time period.

c.

If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the city later issues a decision disapproving any portion of the proposed rates.

d.

In all cases, the city will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review.

e.

If rates are in excess of the FCC's standards, the rates may be reduced by the city pursuant to applicable FCC regulations.

(4)

After the initial rate schedule procedures are followed, as described in this section, grantee shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, grantee shall notify the city of its requested rate change by giving the city 30 days' advance written notice before the change is effective and by providing the city with its rates and applicable information pursuant to FCC regulations.

(5)

To the extent specifically permitted by federal law and applicable FCC rules, grantee shall be permitted to appeal to the FCC for a review of the decision of the city.

(d)

Consultant and costs.

(1)

The city may utilize a rate consultant to advise it on proposed rate changes and to assist it in the procedures and the standards for review adopted by the FCC. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of the city, to properly evaluate and analyze rates and charges.

(2)

All costs for the review of initial rates or rate changes shall be paid by the cable operator upon demand of the city, unless contrary to applicable rules of the FCC governing these procedures or unless otherwise specifically preempted by state or federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable value of services (as determined by the city) rendered by the city or any employees, agents or representatives of the city.

(e)

Application of the requirements of this section. The requirements described in this section are applicable to the grantee subject to rate regulation according to the 1992 Cable Act and applicable FCC rules.

(Ord. No. O-13-94, §§ 1—5, 5-9-94)

Editor's note

Section 30-96 has been deleted as being superseded by Ord. No. O-13-94, adopted May 9, 1994. Formerly, § 30-96 pertained to basic service rate change procedures and requests for basic service rate increase and derived from § 7¾-59 of the 1968 Code. Sections 1—5 of Ord. No. O-13-94 have been included herein as a new § 30-96 at the editor's discretion.