§ 1007. Review of annual requests for an adjustment in Basic Cable Service Rates.

A.

Selection of the annual rate adjustment method. A Cable Operator in the City who elects to increase the rates for the Basic Cable Service Tier or associated equipment not more than annually shall notify the City of their proposed annual filing date prior to filing. If the City Council rejects the filing date chosen by a Cable Operator for good cause, the City and the Cable Operator shall negotiate in good faith to reach a mutually acceptable date. If no agreement can be reached, the City Council may set the filing date up to sixty (60) days later than the date chosen by the Cable Operator. A Cable Operator may elect to change its annual filing date from year-to-year, provided that at least twelve (12) months shall pass before a Cable Operator can implement its next annual adjustment.

B.

Notice. A Cable Operator in the City who elects to increase the rates for the Basic Cable Service Tier or associated equipment annually shall file a request with the City at least ninety (90) days before the Cable Operator desires the increase to take effect. A Cable Operator may give subscribers notice of its proposed rate changes at the time it files its request with the City; provided such notice states that the proposed changes are subject to approval by the City Council. Regardless, a Cable Operator shall notify all subscribers of any proposed increase at least thirty (30) days before the Cable Operator desires the increase to take effect.

C.

Expedited determination and public hearing.

1.

Within ninety (90) days from the date a Cable Operator files its request with the City and before taking action on the requested rate increase, the City Council shall hold at least one public hearing at which interested persons may express their views and record objections.

2.

An interested person who wishes to make an objection to the proposed rate increase may request the Council Secretary to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted. In order for an objection to be made part of the record, the objector shall provide the Council Secretary with the objector's name and address.

3.

If the City Council is able to expeditiously determine that the Cable Operator's rate increase request for basic cable service is within the FCC's Reasonable Rate Standard, as determined by the applicable Price Cap, the City Council shall act to approve the rate increase within ninety (90) days from the date the Cable Operator filed its request with the City. However, if the City Council or its designee concludes that the Cable Operator submitted a facially incomplete filing, the City Council's deadline for issuing a decision, the date on which rates may go into effect if no decision is issued, and the period for which refunds are payable shall be tolled while the City Council is waiting for the information, provided that, in order to toll the effective dates, the City Council or its designee shall notify the Cable Operator of the incomplete filing within forty-five (45) days of the date the filing is made.

D.

Extended review period. If the City Council takes no action within ninety (90) days from the date the Cable Operator filed its request with the City, the proposed rates shall go into effect at the end of the review period, subject to a prospective rate reduction and refund, upon the City Council subsequently issuing a decision disapproving such rates. However, in order for such a prospective rate reduction and refund to be valid, if the Cable Operator inquires whether the City intends to issue a rate order after the ninety (90) day review period, the City Council or its designee shall notify the Cable Operator of its intent in this regard within fifteen (15) days of the Cable Operator's inquiry. If the proposed rate goes into effect before the City Council issues a rate order, the City shall have twelve (12) months from the date the Cable Operator filed for the rate adjustment to issue its order. In the event the City Council does not act within the twelve (12) month period, it may not order a refund or a prospective rate reduction with respect to the rate filing.

E.

Price Cap analysis. If a Cable Operator presents its request for a rate increase as being in compliance with the FCC's Price Cap, the City Council shall review the rate, using the Price Cap analysis in accordance with the standard form authorized by the FCC. Based on the City Council's findings, Basic Cable Service Rates shall be established as follows:

1.

If the proposed Basic Cable Service Rate increase is within the Price Cap established by the FCC, the proposed rates shall become the new Basic Cable Service Rates.

2.

If the proposed Basic Cable Service Rate increase exceeds the Price Cap established by the FCC, the City Council shall disapprove the proposed rate increase and order a Basic Cable Service Rate that is in compliance with the Price Cap.

F.

Decision. The City Council's decision concerning the requested rate increase, shall be adopted by formal resolution. If a rate increase proposed by a Cable Operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution shall state the reasons for the decision. If the Cable Operator is only permitted a smaller increase than was provided for in its notice, the Cable Operator must provide an explanation to subscribers on the bill in which the rate adjustment is implemented. If the Cable Operator is not permitted any of the rate increase provided for in its notice, the operator shall provide an explanation to subscribers within sixty (60) days of the date of the City Council's decision. Additional advance notice shall only be required in the event that the rate exceeds the previously noticed rate.

G.

Refunds.

1.

The City Council may order refunds of subscribers' Basic Cable Service Rate payments, with interest, if:

a.

The City Council was unable to make a decision within the original ninety (90) day review period as described in Subsection C., above; and

b.

The Cable Operator implemented the rate increase at the end of the original ninety (90) day review period; and

c.

The City Council determines that the rate increase as submitted exceeds the applicable Price Cap and disapproves any portion of the rate increase.

2.

The method for paying any refund and the interest rate shall be in accordance with FCC regulations as directed in the City Council's decision resolution.

H.

Appeal. The City Council's decision concerning Basic Cable Service Rates may be appealed to the FCC in accordance with applicable federal regulations.

(Ord. No. 19187)