[CC 2000 §3-13-1; Ord. No. 858, 2-22-1994]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The monthly charges for a subscription to the basic service
tier and the associated equipment.
A separately available service tier to which subscription
is required for access to any other tier of service, including as
a minimum, but not limited to, all must-carry signals, all PEG channels
and all domestic television signals other than superstations.
A per channel rate of charge for cable service and associated
equipment which the FCC has determined is reasonable.
The Cable Television Consumer Protection and Competition
Act of 1992.
Any person or group of persons:
A unit of cable service identified and selected by a channel
number or similar designation.
A filing in which the cable operator attempts to show that
the bench mark rate or the price cap is not sufficient to allow the
cable operator to fully recover the costs of providing the basic service
tier and to continue to attract capital.
The Federal Communications Commission.
The rates that the cable operator is charging for the basic
service tier, including charges of associated equipment, at the time
the City notifies the cable operator of the City's qualification and
intent to regulate basic cable rates.
The signal of any local broadcast station (except superstations)
which is required to be carried on the basic service tier.
The channel capacity designated for public, educational or
governmental use and facilities and equipment for the use of that
channel capacity.
The ceiling set by the FCC on future increases in basic cable
rates regulated by the City, based on a formula using the GNP fixed
weight price index, reflecting general increases in the cost of doing
business and changes in overall inflation.
A per channel rate that is at or below the bench mark or
price cap level.
Any non-local broadcast signal secondarily transmitted by
satellite.
[CC 2000 §3-13-2; Ord. No. 858, 2-22-1994]
A.
Notice. Upon the effective date hereof and the certification
of the City by the FCC, the City shall immediately notify all cable
operators in the City, by certified mail, return receipt requested,
that the City intends to regulate subscriber rates charged for the
basic service tier and associated equipment as authorized by the Cable
Act of 1992.
B.
Cable Operator Response. Within thirty (30) days of receiving
notice from the City, a cable operator may file with the City its
current rates for the basic service tier and associated equipment
indicating that said rates are within the FCC's reasonable rate standard.
C.
Expedited Determination And Public Hearing.
1.
If the Board of Aldermen is able to expeditiously determine that
the cable operator's rates for the basic service tier and associated
equipment are within the FCC's reasonable rate standard as determined
by the applicable bench mark, the Board of Aldermen shall:
2.
If the Board of Aldermen takes no action within thirty (30) days
from the date the cable operator filed its basic cable rates with
the City, the proposed rates will continue in effect.
D.
Extended Review Period.
1.
If the Board of Aldermen is unable to determine whether the rates
in issue are within the FCC's reasonable rate standard based on the
material before it or if the cable operator submits a cost-of-service
showing, the City shall, within thirty (30) days from the date the
cable operator filed its basic cable rates with the City and by adoption
of a formal resolution, invoke the following additional periods of
time, as applicable, to make a final determination:
2.
If the City has not made a decision within the ninety (90) or one
hundred fifty (150) day period, the Board of Aldermen shall issue
a brief written order at the end of the period requesting the cable
operator to keep accurate account of all amounts received by reason
of the proposed rate and on whose behalf the amounts are paid.
E.
Public Hearing. During the extended review period and before
taking action on the proposed rate, the Board of Aldermen shall hold
at least one (1) public hearing at which interested persons may express
their views and record objections.
F.
Objections. An interested person who wishes to make an objection
to the proposed initial basic rate may request the City Clerk to record
the objection during the public hearing or may submit the objection
in writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must
provide the City Clerk with the objector's name and address.
G.
Bench Mark Analysis. If a cable operator submits its current
basic cable rate schedule as being in compliance with the FCC's reasonable
rate standard, the Board of Aldermen shall review the rates using
the bench mark analysis in accordance with the standard form authorized
by the FCC. Based on the Board of Aldermen's findings, the initial
basic cable rates shall be established as follows:
1.
If the current basic cable rates are below the bench mark, those
rates shall become the initial basic cable rates and the cable operator's
rates will be capped at that level.
2.
If the current basic cable rates exceed the bench mark, the rates
shall be greater than the cable operator's per channel rate on September
30, 1992, reduced by ten percent (10%) or the applicable bench mark,
adjusted for inflation and any change in the number of channels occurring
between September 30, 1992 and the initial date of regulation.
3.
If the current basic cable rates exceed the bench mark, but the cable
operator's per channel rate was below the bench mark on September
30, 1992, the initial basic cable rate shall be the bench mark, adjusted
for inflation.
H.
Cost-Of-Service Showing. If a cable operator does not wish
to reduce the rates to the permitted level, the cable operator shall
have the opportunity to submit a cost-of-service showing in an attempt
to justify initial basic cable rates above the FCC's reasonable rate
standard. The Board of Aldermen will review a cost-of-service submission
pursuant to FCC standards for cost-of-service review. The Board of
Aldermen may approve initial basic cable rates above the bench mark
if the cable operator makes the necessary showing; however, a cost-of-service
determination resulting in rates below the bench mark or below the
cable operator's September 30, 1992, rates minus ten percent (10%)
will prescribe the cable operator's new rates.
I.
Decision.
1.
By formal resolution. After completion of its review
of the cable operator's proposed rates, the Board of Aldermen shall
adopt its decision by formal resolution. The decision shall include
one (1) of the following:
a.
If the proposal is within the FCC's reasonable rate standard or is
justified by a cost-of-service analysis, the Board of Aldermen shall
approve the initial basic cable rates proposed by the cable operator;
or
b.
If the proposal is not within the FCC's reasonable rate standard
and the cost-of-service analysis, if any, does not justify the proposed
rates, the Board of Aldermen shall establish initial basic cable rates
that are within the FCC's reasonable rate standard or that are justified
by a cost-of-service analysis.
2.
Rollbacks and refunds. If the Board of Aldermen determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the Board of Aldermen may order the rates reduced in accordance with Subsections (G) or (H) of this Section, as applicable. In addition, the Board of Aldermen may order the cable operator to pay to subscribers refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments) retroactive to September 1, 1993. The method for paying for any refund and the interest rate will be in accordance with FCC regulations as directed in the Board of Aldermen's decision resolution.
3.
Statement of reasons for decision and public notice. If rates proposed by a cable operator are disapproved in whole or
in part or if there were objections made by other parties to the proposed
rates, the resolution must state the reasons for the decision and
the Board of Aldermen must give public notice of its decision. Public
notice will be given by advertisement once in the official newspaper
of the City.
J.
Appeal. The Board of Aldermen's decision concerning rates
for the basic service tier or associated equipment may be appealed
to the FCC in accordance with applicable Federal regulations.
[CC 2000 §3-13-3; Ord. No. 858, 2-22-1994]
A.
Notice. A cable operator in the City who wishes to increase
the rates for the basic service tier or associated equipment shall
file a request with the City and notify all subscribers at least thirty
(30) days before the cable operator desires the increase to take effect.
This notice may not be given more often than annually and not until
at least one (1) year after the determination of the initial basic
cable rates.
B.
Expedited Determination And Public Hearing.
1.
If the Board of Aldermen is able to expeditiously determine that
the cable operator's rate increase request for basic cable service
is within the FCC's reasonable rate standard as determined by the
applicable price cap, the Board of Aldermen shall:
2.
If the Board of Aldermen takes no action within thirty (30) days
from the date the cable operator filed its request with the City,
the proposed rates will go into effect.
C.
Extended Review Period.
1.
If the Board of Aldermen is unable to determine whether the rate
increase is within the FCC's reasonable rate standard based on the
material before it or if the cable operator submits a cost-of-service
showing, the Board of Aldermen shall, by adoption of a formal resolution,
invoke the following additional periods of time, as applicable, to
make a final determination:
a.
Ninety (90) days, if the Board of Aldermen needs more time to ensure
that the requested increase is within the FCC's reasonable rate standard
as determined by the applicable price cap; and
b.
One hundred fifty (150) days, if the cable operator has submitted
a cost-of-service showing seeking to justify a rate increase above
the applicable price cap.
2.
The proposed rate increase is tolled during the extended period.
3.
If the Board of Aldermen has not made a decision within the ninety
(90) or one hundred fifty (150) day period, the Board of Aldermen
shall issue a brief written order at the end of the period requesting
the cable operator to keep accurate account of all amounts received
by reason of the proposed rate increase and on whose behalf the amounts
are paid.
D.
Public Hearing. During the extended review period and before
taking action on the requested rate increase, the Board of Aldermen
shall hold at least one (1) public hearing at which interested persons
may express their views and record objections.
E.
Objections. An interested person who wishes to make an objection
to the proposed rate increase may request the City Clerk to record
the objection during the public hearing or may submit the objection
in writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must
provide the City Clerk with the objector's name and address.
F.
Delayed Determination. If the Board of Aldermen is unable
to make a final determination concerning a requested rate increase
within the extended time period, the cable operator may put the increase
into effect, subject to subsequent refund if the Board of Aldermen
later issues a decision disapproving any portion of the increase.
G.
Price Cap Analysis. If a cable operator presents its request
for a rate increase as being in compliance with the FCC's price cap,
the Board of Aldermen shall review the rate using the price cap analysis
in accordance with the standard form authorized by the FCC. Based
on the Board of Aldermen's findings, the basic cable rates shall be
established as follows:
1.
If the proposed basic cable rate increase is within the price cap
established by the FCC, the proposed rates shall become the new basic
cable rates.
2.
If the proposed basic cable rate increase exceeds the price cap established
by the FCC, the Board of Aldermen shall disapprove the proposed rate
increase and order an increase that is in compliance with the price
cap.
H.
Cost-Of-Service Showings. If a cable operator submits a
cost-of-showing in an attempt to justify a rate increase above the
price cap, the Board of Aldermen shall review the submission pursuant
to the FCC standards for cost-of-service review. The Board of Aldermen
may approve a rate increase above the price cap if the cable operator
makes the necessary showing; however, a cost-of- determination resulting
in a rate below the price cap or below the cable operator's then current
rate will prescribe the cable operator's new rate.
I.
Decision. The Board of Aldermen's decision concerning the
requested rate increase shall be adopted by formal resolution. If
a rate increase proposed by a cable operator is disapproved in whole
or in part or if objections were made by other parties to the proposed
rate increase, the resolution must state the reasons for the decision.
Objections may be made at the public hearing by a person requesting
the City Clerk to record the objection or may be submitted in writing
at any time before the decision resolution is adopted.
J.
Refunds.
1.
The Board of Aldermen may order refunds of subscribers' rate payments
with interest if:
a.
The Board of Aldermen was unable to make a decision within the extended time period as described in Subsection (C) of this Section; and
b.
The cable operator implemented the rate increase at the end of the
extended review period; and
c.
The Board of Aldermen determines that the rate increase as submitted
exceeds the applicable price cap or that the cable operator failed
to justify the rate increase by a cost-of-service showing; and
d.
The Board of Aldermen disapproves any portion of the rate increase.
2.
The method of paying any refund and the interest rate will be in
accordance with FCC regulations as directed in the Board of Aldermen's
decision resolution.
K.
Appeal. The Board of Aldermen's decision concerning rates
for the basic service tier or associated equipment may be appealed
to the FCC in accordance with applicable Federal regulations.
[CC 2000 §3-13-4; Ord. No. 858, 2-22-1994]
A.
City May Require.
1.
In those cases when the cable operator has submitted initial rates
or proposed an increase that exceeds the reasonable rate standard,
the Board of Aldermen may require the cable operator to produce information
in addition to that submitted, including proprietary information,
if needed, to make a rate determination. In these cases, a cable operator
may request the information be kept confidential in accordance with
this Section.
2.
In cases where initial or proposed rates comply with the reasonable
rate standard, the Board of Aldermen may request additional information
only in order to document that the cable operator's rates are in accord
with the standard.
B.
Request For Confidentiality.
1.
A cable operator submitting information to the Board of Aldermen
may request in writing that the information not be made routinely
available for public inspection. A copy of the request shall be attached
to and cover all of the information and all copies of the information
to which it applies.
2.
If feasible, the information to which the request applies shall be
physically separated from any information to which the request does
not apply. If this is not feasible, the portion of the information
to which the request applies shall be identified.
3.
Each request shall contain a statement of the reasons for withholding
inspection and a statement of the facts upon which those reasons are
based.
4.
Casual requests which do not comply with the requirements of this
Subsection shall not be considered.
C.
Board Of Aldermen Action. Requests which comply with the requirements of Subsection (B) of this Section will be acted upon by the Board of Aldermen. The Board of Aldermen will grant the request if the cable operator presents, by a preponderance of the evidence, a case for non-disclosure consistent with applicable Federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for non-disclosure and the Board of Aldermen denies the request, the Board of Aldermen shall take one (1) of the following actions:
1.
If the information has been submitted voluntarily without any direction
from the City, the cable operator may request the City return the
information without considering it. Ordinarily, the City will comply
with this request. Only in the unusual instance that the public interest
so requires, will the information be made available for public inspection.
2.
If the information was required to be submitted by the Board of Aldermen,
the information will be made available for public inspection.
D.
Appeal. If the Board of Aldermen denies the request for
confidentiality, the cable operator may seek review of that decision
from the FCC within five (5) working days of the Board of Aldermen's
decision and the release of the information will be stayed pending
review.
[CC 2000 §3-13-5; Ord. No. 858, 2-22-1994]
A.
Annual Inflation Adjustment. In accordance with FCC regulations,
the cable operator may adjust its capped base per channel rate for
the basic service tier annually by the final GNP-PI index.
B.
Other External Costs.
1.
The FCC regulations also allow the cable operator to increase its
rate for the basic service tier automatically to reflect certain external
cost factors to the extent that the increase in cost of those factors
exceeds the GNP-PI. These factors include retransmission consent fees,
programming costs, State and local taxes applicable to the provision
of cable television service and costs of franchise requirements. The
total cost of an increase in a franchise fee may be automatically
added to the base per channel rate, without regard to its relation
to the GNP-PI.
2.
For all categories of external costs other than retransmission consent
and franchise fees, the starting date for measuring changes in external
costs for which the basic service per channel rate may be adjusted
will be the date on which the basic service tier becomes subject to
regulation or February 28, 1994, whichever occurs first (1st). The
permitted per channel charge may not be adjusted for costs of retransmission
consent fees or changes in those fees incurred before October 6, 1994.
C.
Notification And Review. The cable operator shall notify
the City at least thirty (30) days in advance of a rate increase based
on automatic adjustment items. The City shall review the increase
to determine whether the item or items qualify as automatic adjustments.
If the City makes no objection within thirty (30) days of receiving
notice of the increase, the increase may go into effect.
[CC 2000 §3-13-6; Ord. No. 858, 2-22-1994]
A.
Refunds. The City may order the cable operator to refund
to subscribers a portion of previously paid rates under the following
circumstances:
