§ 21-2. Filing and review of basic service and equipment rates.

(1)

Generally. Basic service and equipment rates shall be regulated in accordance with FCC rules.

(2)

City manager authorized to act. The city manager is authorized to take any action, issue any notice or to adopt any order required or permitted by FCC rules, other than to make a final determination that a rate is unreasonable, or to make a final determination setting basic rates and services, which final determinations shall be made by the city commission.

(3)

Filings by franchisees.

(A)

A franchisee that is notified that its basic service and equipment rates are subject to regulation must file a submission ("the rate filing") within thirty (30) days of the notification, justifying its basic service and equipment rates. All rates, for all customer classifications, must be justified, except to the extent that rates for a particular customer classification have been deregulated by federal or state law or regulation. A franchisee must submit a rate filing to justify any increase in basic service or equipment rates or any new basic service or equipment rate (collectively referred to herein as rate increases). An "increase" occurs when there is an increase in rates or a decrease in program or customer services. Rate filings proposing and supporting rate increases must be filed for review at least thirty (30) days in advance of the proposed effective date of the increase, except as federal law otherwise provides. No rate may be put into effect without the prior review and approval of the city, except as federal law may otherwise require. This requirement does not alter or eliminate any other customer service notice requirement.

(B)

Every rate filing must be submitted to the city manager. A rate filing shall be considered filed for review on the date the rate filing and all required copies are received by the city manager. Five (5) copies of each rate filing (including all supporting materials) must be submitted to the city manager.

(C)

Subject to any FCC regulations governing the burden of proof, a rate filing submitted by a franchisee must show that the rates the franchisee proposes to charge for basic service and equipment are reasonable.

Each filing must contain the information required by FCC rules.

(4)

Action on rate filing.

(A)

If city commission action is required on a rate filing, the city manager will submit a recommendation for action, after providing an opportunity for the public to comment on the filing. The city manager will provide the public and the cable operator an opportunity to submit comments on the proposed recommendation, by a deadline specified by the city manager. The city manager may amend the recommendation as appropriate.

(B)

The city commission's final determination shall be in writing, which writing may be in any lawful form. The city commission may approve the proposed rate in whole or in part; deny the proposed rate in whole or in part; or allow the rate to go into effect in whole or in part, subject to refund. Any order allowing the rates to go into effect subject to refund, shall be read to direct the franchisee to maintain an accounting in accordance with FCC regulations.

(Ord. No. 2000-134, § 1, 1-2-01)