§ 21-4. Provisions generally applicable to rate orders.

(1)

When effective. Any rate order of the city commission shall be effective on adoption. Each rate order shall be released to the public and the franchisee. In any case where the city commission approves, denies, or tolls a rate; orders that a rate may go into effect subject to refund; or orders refunds or establishes rates, the city manager shall cause a public notice to be published stating that the order has issued and is available for review.

(2)

Authority of city commission. The city commission may take any steps that it is not prohibited from taking by federal law to protect the public interest as part of any rate order or by any other means. By way of illustration and not limitation, it may require refunds, set rates, and impose forfeitures and penalties directly or through its delegated representatives, and enforce refund orders. Any order prescribing a rate must explain why the franchisee's proposed rate was unreasonable and why the prescribed rate is reasonable. However, before prescribing a rate or ordering a refund to subscribers, the city commission shall ensure the franchisee has had notice and opportunity to comment on the proposed rate or refunds. If the recommendations of the city manager propose a refund or a rate, then mailing a copy of the recommendation to the franchisee at the time it is submitted to the city commission shall be deemed to provide the franchisee this notice and the franchisee must comment on the refund or rate in its response to the recommendations.

(3)

Rates subject to further reduction. No order approving or setting a rate using the FCC benchmarks shall be interpreted to establish the just and reasonable rate to subscribers. Every such rate approved or established shall be subject to further reduction and refund to the extent permitted under applicable laws and regulations, as the same may be amended from time to time. By way of illustration and not limitation, should the FCC reduce the benchmarks, the city shall have the right to reduce a franchisee's rates and to require the franchisee to refund any amounts collected above the benchmark, except to the extent prohibited by federal law.

(Ord. No. 2000-134, § 1, 1-2-01)