City of Chesterfield, MO Filing By Cable Operators

[CC 1990 § 7.5-51; Ord. No. 946 § 1(1.1), 9-19-1994]

Filings — When Made. Within thirty (30) days after the initial date of regulation of its basic service tier under this Article (June 15, 1994, if later), a cable operator must file its schedule of rates for the basic service tier and associated equipment, a full description of the services available in the basic service tier and all forms prescribed by the FCC to establish initial regulated rates for the basic service tier and associated equipment, unless the cable system is eligible for streamlined rate reductions under FCC regulations and implements the required reduction and provides written notice thereof in accordance with FCC regulations. In addition, after initial regulated rates have been established to change regulated rates for the basic service tier and associated equipment, a cable operator must file thirty (30) days before the proposed effective date of the change any proposed new schedule of rates, related description of the services available in the basic tier, all forms prescribed by the FCC and proof of customer notice as required by the FCC. Rate changes include decreases, including annual reductions due to decreases in external costs and quarterly reductions due to decreases in programming costs resulting from deletion of a channel or channels from the basic service tier.

Filings — Where Made. Every rate filing must be submitted to the cable coordinator (hereinafter "Coordinator") designated by the City. A rate filing shall be considered filed for review on the date all required forms (correctly completed) and supporting materials and all required copies are submitted to the Coordinator. If a filing is incomplete, the Coordinator may require the cable operator to supplement the filing and all time deadlines regarding the City's review of the filing shall be suspended.

Filings — Cover Letter And Copies.

Every rate filing must be accompanied by a cover letter which states whether the filing concerns existing rates, proposes a rate increase or proposes a rate decrease. The cover letter must also identify any elections the cable operator is making regarding applicable FCC regulations. The cover letter must state whether the cable operator claims any of the information it has submitted is proprietary. The cover letter must also contain a brief, narrative description of any proposed changes in rates or in service, including the precise amount of any rate change and an explanation of the cause thereof, and the identification of any added or deleted channels.

An original and fifteen (15) copies of each rate filing (including all supporting materials) must be submitted.

Filings — Standard Of Review.

Basic Service Tier Rates.

Permitted Charges Prior To May 15, 1994. For service prior to May 15, 1994, the permitted per channel charge shall be, at the election of the cable operator made at the time it files the prescribed forms, either: a charge determined pursuant to a cost of service proceeding in accordance with FCC regulations; or the charge specified by the applicable FCC regulations. Any changes to charges effective prior to May 15, 1994, shall be evaluated in accordance with FCC regulations.

Permitted Charges As Of May 15, 1994. As of May 15, 1994, the permitted charge for the basic service tier shall be, at the election of the cable operator made at the time it files the prescribed forms to establish the initial regulated rates, either: a rate determined pursuant to a cost-of-service showing in accordance with FCC regulations; the full reduction rate as defined by the FCC; the transition rate as defined by the FCC, if the system is eligible for transition relief under FCC regulations; or a rate based on streamlined rate reduction as defined by the FCC, if the system is eligible to implement such a rate reduction under FCC regulations and implements the required reduction and provides written notice thereof in accordance with FCC regulations. The transition rate shall be adjusted within thirty (30) days after a determination by the City that the rate in effect on March 31, 1994, was different than that permitted under FCC regulations and any applicable refunds will be made in accordance with this Article and FCC regulations. The transition rate or rate based on streamlined rate reduction shall be subject to change as authorized by the FCC or as requested by the cable operator in accordance with this Article and FCC regulations.

Permitted Charges After May 15, 1994. After May 15, 1994, the permitted charge for the basic service shall be, at the election of the cable operator made at the time it files the prescribed forms, either: a rate determined pursuant to a cost-of-service showing; or a rate determined by application of the FCC's price cap regulations to the permitted rate as of May 15, 1994.

Basic Service Equipment And Installation Rates. Rates for equipment and installations used to receive basic service shall not exceed charges based on actual costs in accordance with FCC regulations. Rates for customer equipment and installation and additional connections shall be unbundled. Equipment charges may include a properly allocated portion of franchise fees. Monthly usage charges for additional television receivers are not permitted. A cable operator may sell equipment to subscribers at prices which recover costs. A cable operator may sell equipment service contracts for equipment sold to subscribers in accordance with FCC regulations. Promotional offerings are acceptable, so long as they are reasonable in scope, not unreasonably discriminatory and are not subsidized by cost recovery through increases in equipment cost elements or increases in programming service rates above the maximum level prescribed by FCC regulations.

Charges For Customer Changes. Charges for customer changes in service tiers effected solely by coded entry on a computer terminal or similarly simple methods shall be a nominal amount not exceeding actual costs, except on approval by the City and advance notice to subscribers the cable operator may establish a higher charge for changes by subscribers changing service tiers more than two (2) times in a twelve-month period. Other charges for customer changes in service tiers or equipment shall be based in actual cost. Downgrade charges that are the same as or less than reasonable upgrade charges are reasonable. For thirty (30) days after notice of retiering or rate increases, customers shall be able to change service tiers at no additional charge.

Burden Of Proof. The cable operator has the burden of proving its charges are in accordance with this Article and FCC regulations.

Section 620.140 Initial City Action On Filing.

[CC 1990 § 7.5-52; Ord. No. 946 § 1(1.2), 9-19-1994]

After receiving a rate filing, the following steps will be taken:

Notice Published — Public Comments Received. The City promptly shall publish a notice to the public that a filing has been received. The notice shall state that the filing is available for public review, except for those parts withheld as proprietary, and shall state reasonable time(s) and place(s) for such review. The notice shall state that interested parties may comment on the filing and shall establish the time and manner in which interested parties may submit their comments in light of the date by which the City must act upon the filing.

Coordinator Recommendations. The Coordinator shall submit recommendations for action to the City Council within ten (10) days of receipt of a filing and shall give contemporaneous notice thereof to the cable operator and the public.

Cable Operator Response. A cable operator shall be given an opportunity to respond to public comments and Coordinator recommendations regarding its filing. The Coordinator's recommendations shall establish the time and manner in which the cable operator must submit its comments in light of the date by which the City must act upon the filing.

Order Issues. Within thirty (30) days of the date of the filing, the City Council shall issue a written order which may be in any lawful form. The order shall approve the proposed rates in whole or in part; deny the proposed rates in whole or in part; or state that additional time is required to review the filing because the City is unable to determine, based in the material submitted by the cable operator, that the rates are in accordance with FCC regulations. An order stating additional time is required shall permit the cable operator to cure any deficiency in its filing by submitting a supplementary filing as provided in Section 620.150. If the City disapproves the proposed rates, it may order a reduction or prescribe rates where necessary to bring rates into compliance with this Article and FCC regulations.

Effective Date Of Filing. Unless the City Council disapproves the filing or issues an order stating that additional time is required to review the filing within thirty (30) days after the filing date, initial rates will remain effective or proposed rates will become effective. Unless the order or a subsequent order states otherwise, if the City decides more time is required to review the filing, the filing will remain subject to disapproval until after, and no proposed change will go into effect any earlier than, the time for further action by the City provided in Subsection (A)(6) has passed. If the City takes no action within the time provided in Subsection (A)(6), initial rates shall remain in effect or proposed rates shall take effect, subject to refund if applicable.

Order Released And Notice Published. Notice of the rate order shall be given to the cable operator. A public notice shall be published stating that the order has issued and is available for review at specified time(s) and place(s).

Section 620.150 Further Review After Tolling Order.

[CC 1990 § 7.5-53; Ord. No. 946 § 1(1.3), 9-19-1994]

If the City issues a tolling order stating that additional time is required to review a filing, then the following steps shall be taken:

Supplementary Filing Submitted. The cable operator shall submit a supplementary filing within twenty (20) days from the date the tolling order issues, containing corrections, if any, to its filing and any additional information necessary to support the proposed rate, including information the City directs the cable operator to include in the supplementary filing. Supplementary filings must be filed in accordance with Section 620.130(B).

Notice Published — Public Comments Received. The City shall publish a notice to the public that interested parties may submit additional comments. The notice shall be published after the date scheduled for submission of any supplementary filing. The notice shall state that any supplementary filing or additional information provided by the cable operator will be available for public review at specified reasonable time(s) and place(s), except for those parts withheld as proprietary. The notice shall establish the time and manner in which interested parties must submit their comments in light of the date by which the City must take further action.

Coordinator Recommendations. The Coordinator shall submit any further recommendations to the City Council within twenty (20) days from receipt of the cable operator's supplementary filing and shall give notice of the recommendations to the cable operator and the public.

Cable Operator Response. The cable operator shall be given an opportunity to respond to public comments and the Coordinator's recommendations regarding its filing. The Coordinator's recommendations shall establish the time and manner in which the cable operator must submit its comments in light of the date by which the City must act upon the filing.

Order Issues. The City Council shall issue a written order, which may be in any lawful form, approving the proposed rate in whole or in part; denying the proposed rate in whole or in part; or allowing the rate to go into effect in whole or in part, subject to refund, pending further investigation. If the City disapproves the proposed rate, it may order a reduction or prescribe rates where necessary to bring rates into compliance with this Article and FCC regulations. If the City Council issues an order allowing the rates to go into effect subject to refund, it shall also direct the cable operator to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf such amounts were paid.

Time For Order. The order specified in Subsection (A)(5) shall be issued within ninety (90) days after the tolling order for any filing not involving cost-of-service showings. The order shall be issued within one hundred fifty (150) days of the tolling order for any filing involving cost-of-service showings.

Effect Of Order For Further Investigation. If the rate order provides for further investigation, the City shall provide for appropriate additional opportunities for comment by interested parties and the cable operator. Notice of any subsequent rate order completing the investigation shall be given to the cable operator. A public notice shall be published stating that the order has issued and is available for review at specified reasonable time(s) and place(s).

Effect Of Failure To File. If a cable operator fails to file its initial schedule of rates and related materials by the deadline established in Section 625.150(A)(1), the City shall hold the cable operator in default and proceed to make a determination as to the reasonableness of the cable operator's rates and order appropriate relief without the participation of the cable operator.

Section 620.160 Remedies And Refunds.

[CC 1990 § 7.5-54; Ord. No. 946 § 1(1.4), 9-19-1994]

Orders. The City may order reductions or prescribe rates as prescribed by this Article and FCC regulations. The City may order the cable operator to make refunds, including interest, in accordance with FCC regulations.

Time For Implementing. A cable operator must implement remedial requirements, including prospective rate reductions and refunds, within sixty (60) days after the City issues an order mandating a remedy. The relief must be effective as of the date the order issues.

Filing Confirming Implementation. Within sixty (60) days of the date an order mandating a remedy is issued, a cable operator must file a certification, signed by an authorized representative, stating: whether the cable operator has complied fully with all provisions of the order; describing in detail the precise measures taken to implement the order; and showing how any reductions or refunds (including interest) were calculated and made.

Deferral. Refund liability will be deferred if required by FCC regulations.

Section 620.170 Small Systems.

[CC 1990 § 7.5-55; Ord. No. 946 § 1(1.5), 9-19-1994]

Small systems shall be regulated in accordance with FCC regulations.

Section 620.180 through Section 625.290. (Reserved)