§ 21-3. Other rates and charges.

(1)

Rates subject to regulation. A franchisee's rates and charges shall be subject to regulation except to the extent prohibited by federal law. Rates and charges subject to regulation shall be just and reasonable. The city reserves all rights to implement and impose regulation of a franchisee's rates and charges to the maximum extent permitted by law, and may do so by amendment to this chapter, by amendment to a franchise agreement, or in any other lawful manner.

(2)

Prior approval required. Rates and charges subject to regulation under this section 21-3, and not under section 21-2, must be submitted to the city and approved by the city commission before subscribers can be charged. Changes in rates and charges must be submitted to and approved by the city commission before the rates are put into effect. Provided that, if the city commission fails to take action on a properly filed rate application within one hundred eighty (180) days of its submission, the rate or charge may be put into effect, subject to refund.

(3)

City manager authorized to act. The city manager is authorized to take any action necessary or appropriate to the review of rates and charges, 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.

(4)

Content of rate filings. Rate filings made pursuant to section 21-3 shall identify the rate; identify to whom the rate applies, and under what circumstances; and show that the rate or charge is justified in light of costs that are not otherwise recovered or deemed to be recovered through cable service charges. The rate filings shall be filed with the city manager.

An original and five (5) copies of each filing shall be submitted.

(Ord. No. 2000-134, § 1, 1-2-01)