§ 6-101. Rate filing and review of rates by franchising authority.

The city shall follow the applicable FCC rate regulations in its regulation of the basic service rates and charges of Century Cable Corporation and/or any other franchise hereafter operating in the city, notwithstanding any different or inconsistent provisions in any cable franchise.

(1)

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 (but no earlier than November 15, 1993), justifying its then-existing basic service and equipment rates. All rates for all customer classifications must be justified. Once a franchisee has been notified by the city that its rates are subject to regulation, it may not thereafter increase its rates for basic service equipment without the prior approval of the city. This requirement applies in all cases, including increases in rates announced prior to the date the franchisee was notified its rates were subject to the regulation where the increases were not implemented prior to the date of notice. 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 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. This requirement does not altar or eliminate any other notice requirement.

(2)

Every rate filing must be submitted to the city manager or his designee, and shall be considered filed for review on the date the required rate filing and all required copies are received by the city manager or designee. Four (4) copies of each rate filing (including all supporting materials) must be submitted. If the operator claims any part of the filing is proprietary, it shall file four (4) additional copies, which shall omit the proprietary information.

(3)

If external costs are included in the rate filing and/or if different rates for classes of customers are proposed, the rate filing is required to show that the rates the franchisee proposes to charge for basic service and equipment are reasonable and consistent with FCC regulations. The franchisee shall respond to requests for information from the city by deadlines established by the city.

(4)

If the city finds that the initial rates and/or any subsequent rate increases are within the FCC standards, the rates shall become effective thirty (30) days after submission of the rate filing.

(5)

If the city is unable to determine whether the rate at issue is within the FCC's benchmark standards, based on the material submitted by the franchisee, or if the franchisee seeks to support a rate based upon a "cost of service" analysis, the city may take an additional period of time to make a final determination and may toll the effective date of the proposed rates for a commensurate period. The city may take an additional ninety (90) days if it needs more time to ensure that a rate is within the FCC's benchmark rate standards. The city may take an additional one hundred fifty (150) days to evaluate a "cost of service" rate proposal. The city shall issue a written decision regarding its invocation of the additional time period and shall so notify the franchisee. If no action is taken by the city within the above-referenced time periods, the proposed rates shall go into effect, subject to subsequent refund orders, if the city later issues a decision disapproving any proportion of the proposed rates.

(6)

The city commission shall issue a written decision on its findings in compliance with the FCC rate regulations. If rates are in excess of the FCC rate regulations, the rates may be reduced by the city pursuant to applicable FCC regulations.

(7)

After the initial rate regulation procedures are followed, any franchisee shall, in conjunction with each change in basic service rates and charges, conform to the standards of the FCC.

(8)

Every rate approved or prescribed shall be subject to further reduction and refund, as allowed by FCC rate regulations.

(9)

A franchisee shall be subject to all applicable penalties and forfeitures under the city's franchisee and FCC rate regulations; and

(10)

A franchisee is required to serve the city with all filings made by the franchisee to the FCC related to the regulation of "basic service rates and charges" in the city.

(Ord. No. 58-93, § 1, 11-2-93)