[Ord. No. 287, 5/9/1994]
The basic service tier shall, at a minimum, include all signals
of domestic television broadcast stations provided to any subscriber
(except a signal secondarily transmitted by satellite carrier beyond
the local service area of such station, regardless of how such signal
is ultimately received by the cable system) any public, education
and governmental programming required by the franchise to be carried
on the basic tier, and any additional video programming signals a
service added to the basic tier by the cable operator.
The Borough of Elizabethville, Dauphin County, Pennsylvania.
Includes any video programming provided over a cable system,
regardless of service tier, including installation or rental of equipment
used for the receipt of such video programming, other than:
The Federal Communications Commission.
The Federal Communications Commission.
Borough of Elizabethville, Dauphin County, Pennsylvania.
A cable television system that serves fewer than 1,000 subscribers.
The service area of a small system shall be determined by the number
of subscribers that are served by a system's principal headend,
including any other headends or microwave receive sites that are technically
integrated to the system's principal headend.
[Ord. No. 287, 5/9/1994]
1.
Only the rates of cable systems that are not subject to effective
competition may be regulated by the Borough.
2.
A cable system is subject to effective competition when any one of
the following conditions is met:
A.
Fewer than 30% of the households in its franchise area subscribe
to the cable service of a cable system.
B.
The franchise area is:
(1)
Served by at least two unaffiliated multichannel video programming
distributors each of which offers comparable programming to at least
50% of the households in the franchise area; and,
(2)
The number of households subscribing to multichannel video programming
other than the largest multichannel video programming distributor
exceeds 15% of the households in the franchise area.
C.
A multichannel video programming distributor, operated by the franchising
authority for that franchise area, offers video programming to at
least 50% of the households in the franchise area.
3.
Each separately billed or billable customer will count as a household
subscribing to or being offered video programming services, with the
exception of multiple dwelling buildings billed as a single customer.
Individual units of multiple dwelling buildings will count as separate
households.
4.
A multichannel video program distributor, for purposes of this section,
is an entity such as, but not limited to, a cable operator, a multichannel
multipoint distribution service, a direct broadcast satellite service,
a television receive only satellite program distributor, a video dial
tone service provider, or a satellite master antenna television service
provider that makes available for purchase, by subscribers or customers,
multiple channels of video programming.
5.
Service of a multichannel video programming distributor will be deemed
offered:
A.
When the multichannel video programming distributor is physically
able to deliver service to potential subscribers, with the addition
of no or only minimal additional investment by the distributor, in
order for an individual subscriber to receive service; and,
B.
When no regulatory, technical or other impediments to households
taking service exist, and potential subscribers in the franchise area
are reasonably aware that they may purchase the services of the multichannel
video programming distributor.
6.
For purposes of determining the number of households subscribing to the services of a multichannel video programming distributor other than the largest multichannel video programming distributor, under Subsection 2B(2) of this section, the number of subscribers of all multichannel video programming distributors that offer services to at least 50% of the households in the franchise area will be aggregated.
[Ord. No. 287, 5/9/1994]
In the absence of a demonstration to the contrary, cable systems
are presumed not to be subject to effective competition.
[Ord. No. 287, 5/9/1994]
1.
A cable operator that becomes subject to effective competition may
petition the Borough for change in its regulatory status. The operator
bears the burden of proving the existence of effective competition.
Oppositions may be filed within 15 days of public notice of the filing
of the petition, and must be served on the operator. Cable operators
may reply within seven days of filing of oppositions.
2.
Franchising authority decisions on petitions for change in status must be made within 30 days after the pleading cycle, set forth in Subsection 1 of this section, closes. The Borough shall notify the Commission within 10 days of any decision changing status. Unless the Commission receives an opposition to such change in status, the decision will become final 30 days after adoption by the franchising authority.
3.
After an initial determination of the Borough that effective competition
exists becomes final, the Borough will then cease regulating basic
cable service rates, and the Commission's regulatory authority
over cable programming services for the system in the franchise area
will also cease.
4.
A cable operator and the Borough may submit a joint statement that effective competition exists. The joint statement must stipulate which of the three tests for effective competition as set forth in § 13-302, Subsection 2A through C, above, has been met and explain how the test has been satisfied. These joint statements will become final decisions within 30 days of filing with the Commission, unless challenged by an interested party.
5.
Cable operators denied a change in status by the Borough may seek
review of that finding at the Commission by filing a petition for
revocation.
[Ord. No. 287, 5/9/1994]
1.
No cable system operator may require the subscription to any tier
other than the basic service tier as a condition of subscription to
video programming offered on a per channel or per program charges
basis. A cable operator may, however, require the subscription to
one or more tiers of cable programming services as a condition of
access to one or more tiers of cable programming services.
2.
A cable operator may not discriminate between subscribers to the
basic service tier and other subscribers with regard to the rates
charged for video programming offered on a per channel or per program
charge basis.
3.
Prior to October 5, 2002, the provisions of Subsection 1 of this section shall not apply to any cable system that lacks the capacity to offer basic service and all programming distributed on a per channel or per program basis without also providing other intermediate tiers of service.
A.
By controlling subscriber access to nonbasic channels of service
through addressable equipment electronically controlled from a central
control plant; or,
B.
Through the installation, noninstallation or removal of frequency
filters (traps) at the premises of subscribers without other alteration
in system configuration or design and without causing degradation
in the technical quality of service provided.
[Ord. No. 287, 5/9/1994]
Basic service tier and cable programming service rates shall
be subject to regulation by the Borough as is appropriate, in order
to assure that the rates are in compliance with the requirements of
the Federal Cable Act, 47 U.S.C. § 543. The determination
of whether or not the rates and any charges for equipment or installation
are in compliance with the Act shall be made in accordance with the
Commission's rules and regulations, specifically §§ 76.922
and 76.923 as printed in the Federal Registers, 58 Fed. Reg. 29756-758,
May 21, 1993, as amended, and which are adopted herein by reference.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.923, as
set forth in the Federal Register, 58 Fed. Reg. 29757-758, May 21,
1993, as amended.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.924(b)
through (h), as set forth in the Federal Register, 58 Fed. Reg. 29758,
May 21, 1993, as amended.
[Ord. No. 287, 5/9/1994]
The Borough adopts herein by reference § 76.925, as
set forth in the Federal Register, 58 Fed. Reg. 29758, May 21, 1993,
as amended.
[Ord. No. 287, 5/9/1994]
A cable operator shall file its schedule of rates for the basic
service tier and associated equipment with the Borough within 30 days
of receiving written notification from the Borough that the Borough
has been certified by the commission to regulate rates for the basic
service tier.
[Ord. No. 287, 5/9/1994]
A cable operator shall provide written notice to a subscriber
of any increase in the price to be charged for the basic service tier
or associated equipment at least 30 days before any proposed increase
is effective. The notice should include the name and address of the
Borough.
[Ord. No. 287, 5/9/1994]
1.
After a cable operator has submitted for review its existing rates for the basic service tier and associated equipment costs, or a proposed increase in these rates (including increases in the baseline channel change that results from reductions in the number of channels in a tier), the existing rates will remain in effect or the proposed rates will become effective after 30 days from the date of submission; provided, however, that the Borough may toll this thirty-day deadline for an additional time by issuing a brief written order as described in Subsection 2, below, within 30 days of the rate submission explaining that it needs additional time to review the rates.
2.
If the Borough is unable to determine, based upon the material submitted by the cable operator, that the existing or proposed rates are within the Commission's permitted basic service tier charge or actual cost of equipment as defined in §§ 76.922 and 76.923, 58 Fed. Reg. 29756-29758, May 21, 1993, as amended, or if a cable operator has submitted a cost-of-service showing pursuant to §§ 76.937(c), 58 Fed. Reg. 29759, May 21, 1993, as amended, and § 76.924, 58 Fed. Reg. 29758, May 21, 1993, as amended, seeking to justify a rate above the Commission's basic service tier charge as defined in §§ 76.922 and 96.923, therein, the Borough may toll the thirty-day deadline in Subsection 1 of this section to request and/or consider additional information or to consider the comments from interested parties as follows:
3.
If the Borough has availed itself of the additional 90 days or 150 days permitted in Subsection 2 of this section, and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the ninety-day or one-hundred-fifty-day periods, or existing rates will remain in effect at such times, subject to refunds if the Borough subsequently issues a written decision disapproving any portion of such rates; provided, however, that in order to order refunds, a Borough must have issued a brief written order to the cable operator by the end of the ninety-day or one-hundred-fifty-day period permitted in Subsection 2 of this section directing the operator to keep an accurate account of all amounts received by reason of the rate in issuance and on whose behalf such amounts were paid.
[Ord. No. 287, 5/9/1994]
[Ord. No. 287, 5/9/1994]
If the thirty-day period set forth in § 13-312, Subsection 1, above, is tolled by the Borough, the Borough will publish a notice at least once in a newspaper of general circulation in the Borough. The notice shall contain a summary description of the proposed rates and provide for a thirty-day public comment period. The Borough Secretary shall keep a record or log of all written comments received. The Borough may also, at its option, hold a public hearing in lieu of or in addition to receiving public comment.
[Ord. No. 287, 5/9/1994]
1.
The Borough must issue a written decision in a rate making proceeding
whenever it disapproves an initial rate for the basic service tier
or associated equipment in whole or in part, disapproves a request
for a rate increase in whole or in part, or approves a request for
an increase in whole or in part over the objections of interested
parties. The Borough is not required to issue a written decision that
approves an unopposed existing or proposed rate for the basic service
tier or associated equipment.
[Ord. No. 287, 5/9/1994]
The Borough may require the production of proprietary information
to make a rate determination and in such cases must apply procedures
analogous to those set forth in FCC regulations regarding requests
for confidentiality.
[Ord. No. 287, 5/9/1994]
[Ord. No. 287, 5/9/1994]
The Borough may prescribe a reasonable rate for the basic service
tier or associated equipment after it determines that a proposed rate
is unreasonable.
[Ord. No. 287, 5/9/1994]
1.
The Borough may order 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 justifies
the rate charged as reasonable. Before ordering a cable operator to
refund previously paid rates to subscribers, the Borough must give
the operator notice and opportunity to comment.
2.
An operator's liability for refunds in limited to a one-year
period, except that an operator that fails to comply with a valid
rate order issued by the Borough or the Commission shall be liable
for refunds commencing from the effective date of such order until
such time as it complies with such order.
3.
The refund period shall run as follows:
A.
From the date the operator implements a prospective rate reduction
back in time to June 21, 1993, or one year, whichever is shorter.
4.
The cable operator, in its discretion, may implement a refund in
the following manner:
A.
By returning overcharges to those subscribers who actually paid the
overcharges, either through direct payment or as a specifically identified
credit to those subscribers' bills; or,
B.
By means of a prospective percentage reduction in the rates for the
basic service tier or associated equipment to cover the cumulative
overcharges. This shall be reflected as specifically identified, one
time credit on prospective bills to the class of subscribers that
currently subscribe to the cable system.
5.
Refunds shall include interest computed at applicable rates published
by the Internal Revenue Service for tax refunds and additional tax
payments.
[Ord. No. 287, 5/9/1994]
1.
The Borough may impose fines or monetary forfeitures on a cable operator
that does not comply with a rate decision or refund order directed
specifically at the cable operator. Fines shall not exceed $500 per
violation. Each day that cable operator does not comply with a rate
decision or refund order shall constitute a separate violation.
2.
A cable operator shall not be subject to franchise forfeiture because
its rate for basic service or equipment is determined to be unreasonable.
[Ord. No. 287, 5/9/1994]
1.
The Commission shall be the sole forum for appeals of decisions by the Borough on rates for the basic service tier or associated equipment involving whether or not the Borough has acted consistently with the Cable Act or §§ 13-306 and 13-307, herein, or FCC regulations. Appeals of rate making decision by the Borough that do not depend upon determining whether the Borough has acted consistently with the Cable Act or §§ 13-306 and 13-307, herein, or FCC regulations, may be heard in the Dauphin County Court of Common Pleas.
2.
Any participant at the Borough level in a rate making proceeding
may file an appeal of the Borough's decision with the Commission
within 30 days of the release of the text or the Borough's decision
as computed under FCC regulations. Oppositions may be filed within
15 days after the appeal is filed. Replies may be filed seven days
after the last day for oppositions.
[Ord. No. 287, 5/9/1994]
The Borough of Elizabethville hereby adopts, for the purpose
of establishing rules and regulations regulating cable operator's
rates, those regulations promulgated under the Federal Cable Act,
47 U.S.C. § 543, save and except such portions as are herein
deleted, modified or amended.
