CHAPTER 113:  CABLE TELEVISION

§ 113.01	TITLE.
		This chapter shall be known and may be cited as the "Community Antenna 
		Television Systems Licensing Ordinance."
(Ord. 104, passed 11-9-88)

§ 113.02	DEFINITIONS.
		For the purpose of this chapter, the following definitions shall apply 
		unless the context clearly indicates or requires a different meaning.

	CABLE ACT.	The Cable Communications Policy Act of 1984, Pub. L. 98-549, 98 
			Stat. 2779 (October 30, 1984) codified at 47 USC §§ 521 et seq.

	CATV SYSTEM.	A mnemonic referring to "community antenna television system."

	CLERK.		The City Clerk.

	COUNCIL.		The City Council of the city.

	FCC.		The Federal Communications Commission.

	LICENSEE.	A person to whom a license has been issued pursuant to
			provisions of this chapter.
(Ord. 104, passed 11-9-88)

§ 113.03	POLICE POWER OF CITY; AUTHORITY TO REGULATE.
		Any person duly licensed to operate a CATV system shall at all times be 
		subject to all lawful exercise of the police power by the city and to 
		such reasonable regulations as the city shall hereby, by resolution or 
		ordinance, provide.
(Ord. 104, passed 11-9-88)

LICENSES

§ 113.10	LICENSE REQUIRED.
		No person shall own or operate a community antenna television system 
		(CATV) in the city except by license pursuant to this chapter.
(Ord. 104, passed 11-9-88)

§ 113.11	APPLICATION REQUIREMENTS.
	(A)	Application generally.  Every person desiring to install, erect, 
		construct, operate, and maintain a community television antenna plant 
		within the city shall make application in writing, signed by the 
		applicant or the applicant's duly authorized agent, to the City Clerk. 
		Said application shall be accompanied by a general plan of the system, 
		showing the location of the antenna, and shall also be accompanied by a 
		financial statement of the applicant.

	(B)	Application to contain indemnification agreements.

		(1)	Each applicant shall, in the application, agree to save the 
			city harmless from all loss sustained by the city on account of 
			any suit, judgment, execution, claim, or demand whatsoever 
			resulting from negligence on the part of the licensee in 
			construction, operation or maintenance of a CATV system in the 
			city. The city shall notify any licensee within ten days after 
			the presentation of any claim or demand, either by suit or 
			otherwise, made against the city on account of any negligence 
			as aforesaid on the part of such licensee.

		(2)	Each applicant in its application agrees to save the city 
			harmless from all loss sustained by the city on account of any 
			suit, judgment, execution, claim or demand whatsoever resulting 
			from a dispute over programming. The city shall notify any 
			licensee within ten days after the presentation of any claim or 
			demand, either by any suit or otherwise, made against the city 
			on account of any allegedly improper or illegal program 
			origination or transmission.

	(C)	Applicant's insurance.  Each applicant shall in the application 
		demonstrate by certificate of insurance, which certificate shall 
		include the city as named insured, that the applicant is protected by 
		liability insurance issued by an insurance company authorized to do 
		business in the state against claims for property damage in the amount 
		of $1,000,000 for any one accident and for personal injuries in the 
		amount of $1,000,000 for a personal injury to any one person, and 
		$3,000,000 for all personal injuries resulting from any one accident.

	(D)	Default and noncompliance; when excused.  The licensee shall not be 
		held in default or noncompliance with the provisions of this chapter, 
		nor suffer any enforcement or penalty relating thereto, where such 
		noncompliance or alleged defaults are caused by strikes, refusals, acts 
		of God, power outages, or other events reasonably beyond its ability to 
		control.
(Ord. 104, passed 11-9-88)

§ 113.12	ISSUANCE OF LICENSE.
		The City Clerk shall issue a license required by this chapter only upon 
		receipt of an application which complies with all of the requirements 
		of this chapter, and upon approval by the Council of the applicant's 
		legal, character, financial, technical and other qualifications, as 
		well as the adequacy and feasibility of the applicant's construction 
		arrangements, after a full proceeding affording due process.
(Ord. 104, passed 11-9-88)

§ 113.13	FEE.
	(A)	The licensee shall pay to the city, for the privilege of operating a 
		CATV system under this chapter, a sum equivalent to 5% of the annual 
		gross operating revenues taken in and received by the licensee on all 
		retail sales of television signals within the city, for all service 
		installations and reconnects.

	(B)	The licensee shall pay to the City Treasurer the license fee within 30 
		days after each half of the licensee's fiscal year following the 
		inception of service to subscribers located in the city. At the same 
		time the licensee shall file with the City Clerk a summary report of 
		the revenues upon which the license fee is based.
(Ord. 104, passed 11-9-88)

§ 113.14	TERM OF LICENSE.
		A license issued under this chapter shall authorize the operation of a 
		CATV system within the city, subject to the provisions of this chapter, 
		for a period to be determined by the Council, but in no event less than 
		15 years from the date of issuance hereunder. Renewals, unless revoked 
		for cause, shall remain in force and effect for periods of at least 15 
		years.
(Ord. 104, passed 11-9-88)

§ 113.15	RENEWAL OF LICENSE.
	(A)	Any proceedings undertaken by the city that relate to the renewal of 
		the licensee's license shall be governed by and comply with the 
		provisions of Section 626 of the Cable Act (codified at 47 USC 546) as 
		such existed as of the effective date of the Cable Act), unless the 
		provisions set forth therein shall have been rendered inoperable by the 
		provisions of subsequent law.

	(B)	In addition to the procedures set forth in said Section 626(a) (47 USC 
		546(a)), the city shall notify the licensee of the city's preliminary 
		assessment regarding the identity of future cable-related community 
		needs and interests as well as the past performance of the licensee 
		under the then-current license term. The city's preliminary assessment 
		shall be provided to the licensee prior to the time that the four-month 
		period referred to in Section 626(c) (47 USC 546(c)) is considered to 
		begin. Notwithstanding anything to the contrary set forth in this 
		section and consistent with Section 626(h) of the Cable Act (47 USC 
		546(h)), at any time during the term of the then-current license, the 
		city and licensee may undertake and finalize negotiations regarding 
		renewal or extension of the then-current license and the city may grant 
		a renewal or extension thereof. The terms set forth in this section 
		shall be considered consistent with and subject to the express 
		provisions of said Section 626 of the Cable Act (47 USC 546). A 
		reproduction of Section 626 of the Cable Act (47 USC 546) as such 
		existed as of the effective date of the Cable Act is on file and 
		available for inspection in the office of the City Clerk and is 
		incorporated herein by this reference. The above notwithstanding, the 
		city may grant extensions to the then-existing license term to the 
		extent appropriate under the circumstances, so long as such extensions 
		are not in lieu of licensee's ultimate right to be considered for 
		renewal hereunder, and are consistent with applicable law.
(Ord. 104, passed 11-9-88)

§ 113.16	TRANSFER OF LICENSE OR CONTROL OF LICENSEE COMPANY.
		No sale, lease, sublease, assignment or other transfer of a license 
		issued under this chapter shall be made unless and until approved by 
		resolution of the City Council, after receipt of a written application 
		for such transfer containing the same information as would be required 
		of an original application for a license. Nor shall a transfer of a 
		majority interest in the stock of the licensee, if the licensee is a 
		corporation, or the addition or deletion of a general partner or 
		partners of the licensee, if the licensee is a partnership, which in 
		the aggregate would exceed 50% of the partnership interest be made 
		unless and until approved by resolution by the City Council. Approval 
		of such sale, assignment, lease, sublease or other transfer shall not 
		be unreasonably withheld.
(Ord. 104, passed 11-9-88)

§ 113.17	REVOCATION.
		Failure by the licensee to substantially perform any of the material 
		provisions of this chapter or the failure to substantially perform any 
		of the material conditions or terms thereof shall be cause for the 
		revocation of its license and all rights thereunder. The Clerk shall 
		report such noncompliance in writing to the City Council, which, upon 
		due notice to the licensee and after reasonable opportunity to place 
		itself in compliance and to be heard on the charge of noncompliance, 
		may revoke such license, provided, however, that any revocation 
		proceeding hereunder shall be governed by the franchise compliance 
		standards and procedures set forth in Section 626 of the Cable Act (47 
		USC 546), on file and available for inspection in the office of the 
		City Clerk.
(Ord. 104, passed 11-9-88)
CONSTRUCTION AND EQUIPMENT

§ 113.30	CONSTRUCTION SCHEDULE.
		Within one year from the issuance of its license hereunder, the 
		licensee shall have accomplished significant construction of its 
		system. Thereafter, the licensee shall equitably and reasonably extend 
		its energized trunk cable to include an additional 20% of its licensed 
		area in the city each year. This section shall not apply to renewal 
		licensees.
(Ord. 104, passed 11-9-88)

§ 113.31	MASTER ANTENNA CONSTRUCTION STANDARDS.
		The licensee shall agree to construct the master antenna network in 
		accordance with the building and electrical codes of this city.
(Ord. 104, passed 11-9-88)

§ 113.32	PLACEMENT OF WIRES, CABLES, POLES, AND THE LIKE; USE OF STREETS.
		Any licensee shall have the right, so long as its license is in force 
		and effect, to utilize the streets of the city for the transmission of 
		television signals as herein authorized from its antenna location or 
		locations to the premises of subscribers. Licensee may erect all 
		necessary wires, cables and appurtenances in the said streets, provided 
		that any such distribution system shall comply with all applicable laws 
		and regulations and ordinances and all of licensee's wires and cables 
		suspended from poles in the streets shall comply with the minimum 
		clearances above ground required for telephone lines, cables, wires and 
		conduits. The placement of any necessary poles shall be subject to the 
		approval of the City Engineer. Licensee, may at its option, authorize 
		the installation of such wires, cables, conduits, poles and 
		appurtenances by others for licensee's use and all such wires, cables, 
		conduits, poles and appurtenances placed or installed by others for the 
		use of licensee shall be subject to the same regulations as if the 
		licensee installed them, and they shall exist and continue to exist 
		solely by authority of the permission granted to said licensee.
(Ord. 104, passed 11-9-88)

§ 113.33	MINIMUM INTERFERENCE; UTILIZATION OF EXISTING POLES.
		All transmission and distribution structures, lines and equipment 
		erected by the Licensee or on its behalf within the city shall be so 
		located as to cause minimum interference with the rights and reasonable 
		convenience of property owners who adjoin any of said streets, and 
		existing poles for electric and communication purposes shall be 
		utilized, wherever possible and practicable; provided however, that 
		this provision shall not grant any licensee the right to install all 
		the necessary poles to operate its system if such licensee is, for any 
		reason, unable to use such existing poles for electric or communication 
		purposes.
(Ord. 104, passed 11-9-88)

§ 113.34	DUTY TO RESTORE DISTURBED SURFACING.
		In case of any disturbance of pavement, sidewalk, driveway or other 
		surfacing, the licensee shall, at the licensee's own cost and expense 
		and in a manner approved by the City Engineer, replace and restore all 
		pavement, sidewalk, driveway or other surfacing disturbed in as good a 
		condition as before said work was commenced.
(Ord. 104, passed 11-9-88)

§ 113.35	DUTY TO REMOVE APPURTENANCES UPON NOTICE.
		In the event that, at any time during the existence of a license 
		granted hereunder, the city shall lawfully widen, realign or otherwise 
		alter the street right-of-way, or construct, reconstruct, realign, 
		change the grade of or otherwise alter pavement or any water main, fire 
		hydrant, sewer or appurtenance belonging to the city, the licensee or 
		anyone acting on the licensee's behalf in connection with the use of 
		streets, upon reasonable notice by the city, and to the extent 
		necessary, shall remove, relay and relocate its wires, cables, poles, 
		underground conduits, and other appurtenances at the licensee's own 
		expense.
(Ord. 104, passed 11-9-88)

§ 113.36		UNDERGROUND INSTALLATION OF CABLES AND LINES REQUIRED OR
		PREFERRED.
		In conduit districts now or hereafter established by ordinances of the 
		city, and as hereafter amended or altered, and in such other areas of 
		the city in which telephone lines and electric utility lines are 
		underground, all of licensee's lines, cables, and wire shall be 
		underground. It is the policy of the city that underground 
		installation, even where not required, is preferable to the addition of 
		poles.
(Ord. 104, passed 11-9-88)

SERVICE REGULATIONS

§ 113.45		RULES AND REGULATIONS PROMULGATED BY LICENSEE.
		The licensee shall have the authority to promulgate such rules, 
		regulations, terms and conditions governing the conduct of its business 
		as shall be reasonably necessary to enable the licensee to exercise its 
		rights and perform its obligations under this chapter and to assure an 
		uninterrupted service to each and all of its customers, provided, 
		however, that such rules, regulations, terms, and conditions shall not 
		be in conflict with the provisions hereof, or the rules of any state or 
		federal regulatory agency, or the laws of the state.
(Ord. 104, passed 11-9-88)

§ 113.46		DUTY TO PROVIDE FACILITIES; BUSINESS OFFICE.
		Subject to the existence of suitably situated, available public 
		rights-of-way and public utility easements, the licensee shall supply 
		the facilities to all residents of the city who may request the 
		licensee's service who reside in any territory within the city's 
		boundaries that has a population density of at least 25 homes per 
		strand mile from the trunk line existing at the time of such request. 
		The licensee shall maintain a business office in Muskegon County open 
		at all reasonable business hours to all such persons in the city who 
		desire the services of the licensee.
(Ord. 104, passed 11-9-88)

§ 113.47		LIMITATION ON SERVICES PROVIDED BY LICENSEE.
		The services performed pursuant to licenses issued hereunder shall not 
		include the performance of repairing, servicing, or selling television 
		sets, or television antennas, nor shall the licensee recommend service 
		by others except as directly related to cable installation and/or 
		connections, provided, however, that no limitation is placed upon 
		licensee in complying with the FCC's input selector switch requirements 
		set forth in FCC regulations, and, provided further, that no limitation 
		is placed upon the licensee in the business of providing other 
		communications services permitted by the FCC with respect to cable 
		systems, or from distributing programming to home satellite dishes or 
		other reception technology than broadcast television.
(Ord. 104, passed 11-9-88)

§ 113.48		RATE REGULATION.
		The licensee's rates for the provision of cable service and other 
		service, including, but not limited to, ancillary charges relating 
		thereto, shall not be regulated except as authorized pursuant to 
		federal and state law including, but not limited to, the Cable Act and 
		FCC rules and regulations relating thereto. Licensee's rates and 
		charges for the provision of any service or equipment, including but 
		not limited to basic service, pay service, second outlets, remote 
		control units, converters, and the like, are not established under 
		Ordinance 104, passed 11-9-88, and are not regulated thereunder.
(Ord. 104, passed 11-9-88)

§ 113.49		PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED; 
		EXCEPTIONS.
		The licensee shall not, as to rates, charges, service facilities, 
		rules, regulations, or in any other respect, make or grant preference 
		or advantage to any person, nor subject any person to any prejudice or 
		disadvantage, provided, however, that nothing in this chapter shall be 
		deemed to prohibit the licensee's discretion to establish discounts for 
		senior citizens or shut-ins or the hearing-impaired or to establish 
		free-of-charge service to public or private educational institutions, 
		hospitals, eleemosynary institutions, and, to the extent not otherwise 
		required hereunder, to such public buildings as fire stations, police 
		stations, or City Hall.
(Ord. 104, passed 11-9-88)

§ 113.50		INTERRUPTION OF SERVICE FOR REPAIRS AND THE LIKE.
		Whenever it is necessary to shut off or interrupt service for the 
		purpose of making repairs, adjustments or installations, the licensee 
		shall do so at such time as will cause the least amount of 
		inconvenience to its customers, and unless such interruption is 
		unforeseen and immediately necessary, it shall give reasonable notice 
		thereof to its customers.
(Ord. 104, passed 11-9-88)

§ 113.51		BOOKS AND RECORDS; RECORD INSPECTIONS; PROTECTION OF 
		CONFIDENTIAL INFORMATION.
		The city may review such of the licensee's books and records, during 
		normal business hours and on a non-disruptive basis, as are reasonably 
		necessary to monitor compliance with the terms hereof. Such records 
		shall include, but shall not be limited to, records required to be kept 
		by the licensee pursuant to the rules and regulations of the FCC, and 
		financial information underlying the summary report pertaining to the 
		license fee in § 113.13. Notwithstanding anything to the contrary set 
		forth herein, licensee is not required to disclose personally 
		identifiable subscriber information without the subscriber's consent in 
		recognition of Section 631 of the Cable Act, 47 U.S.C. § 551, regarding 
		the protection of subscriber privacy; nor shall licensee be required to 
		disclose its income tax returns or information underlying the 
		preparation of any such returns. To the extent permitted by law, the 
		city agrees to treat on a confidential basis any information disclosed 
		by the licensee to it under this section. In so according confidential 
		treatment, disclosure of licensee's records by the city shall be 
		limited to only those of its employees, representatives and agents that 
		have a need to know, and that are in a confidential relationship with 
		the city.
(Ord. 104, passed 11-9-88)

BASIC CABLE SERVICE RATES

§ 113.60		DEFINITIONS.
		For the purpose of this subchapter, the following definitions shall 
		apply unless the context clearly indicates or requires a different 
		meaning. All other words and phrases used in this subchapter shall have 
		the same meaning as defined in the Act and FCC Rules, as defined below.

	ACT.	The Cable Communications Act of 1934, being 47 USC 521 et 
		seq., as amended (and specifically as amended by the Cable 
		Television Consumer Protection and Competition Act of 1992, 
		Pub. L. 102-385), and as may be amended from time to time.

	ASSOCIATED EQUIPMENT.	All equipment and services subject to regulation 
				pursuant to 47 CFR 76.923.

	BASIC CABLE SERVICE.	"Basic service" as defined in the FCC Rules, and any 
				other cable television service which is subject to rate 
				regulation by the city pursuant to the Act and the FCC 
				Rules.

	FCC.			The Federal Communications Commission.

	FCC RULES.		All rules of the FCC promulgated from time to time 
				pursuant to the Act.

	INCREASE.		As applied to rates shall mean an increase in rates or 
				a decrease in programming or customer services.
(Ord. 132, passed 9-20-93)

§ 113.61	PURPOSE; INTERPRETATION; CONFLICTS.
	(A)	Purpose; interpretation.  The purpose of this subchapter is to: (1) 
		adopt regulations consistent with the Act and the FCC Rules with 
		respect to basic cable service rate regulation; and (2) prescribe 
		procedures to provide a reasonable opportunity for consideration of the 
		views of interested parties in connection with basic cable service rate 
		regulation by the city. This subchapter shall be implemented and 
		interpreted consistent with the Act and FCC Rules.

	(B)	Conflicting provisions.  In the event of any conflict between this 
		subchapter and the provisions of any prior ordinance or any franchise, 
		permit, consent agreement or other agreement with a cable operator, 
		then the provisions of this subchapter shall control.
(Ord. 132, passed 9-20-93)

§ 113.62	FCC RULES APPLICABLE.
	In connection with the regulation of rates for basic cable service and 
	associated equipment, the city shall follow all FCC Rules.

(Ord. 132, passed 9-20-93)

§ 113.63	POWERS AND REGULATORY AUTHORITY OF CITY COUNCIL.
	(A)	Powers.  The city shall possess all powers conferred by the Act, the 
		FCC Rules, the cable operator's franchise, and all other applicable 
		law. The powers exercised pursuant to the Act, the FCC Rules, and this 
		subchapter shall be in addition to powers conferred by law or 
		otherwise. The city may take any action not prohibited by the Act and 
		the FCC Rules to protect the public interest in connection with basic 
		cable service rate regulation.

	(B)	Regulatory authority.  In addition to rules promulgated pursuant to 
		§ 113.65, the City Council may, by resolution or otherwise, adopt rules 
		and regulations for basic cable service rate regulation proceedings 
		(including, without limitation, the conduct of hearings), consistent 
		with the Act and the FCC Rules.

	(C)	Additional hearings. In addition to the requirements of this 
		subchapter, the City Council may hold additional public hearings upon 
		such reasonable notice as the City Council, in its sole discretion, 
		shall prescribe.
(Ord. 132, passed 9-20-93)

§ 113.64	FAILURE TO GIVE NOTICE; EFFECT THEREOF.
	The failure of the City Clerk to give the notices or to mail copies of reports 
	as required by this subchapter shall not invalidate the decisions or 
	proceedings of the City Council.
(Ord. 132, passed 9-20-93)

§ 113.65	RATE SCHEDULE SUBMISSION; ADDITIONAL INFORMATION; BURDEN OF PROOF.
	(A)	A cable operator shall submit a schedule of rates for the basic service 
		tier and associated equipment or a proposed increase in such rates in 
		accordance with the Act and the FCC Rules. The cable operator shall 
		include as part of the submission such information as is necessary to 
		show that the schedule of rates or the proposed increase in rates 
		complies with the Act and the FCC Rules. The cable operator shall file 
		ten copies of the schedule or proposed increase with the City Clerk. 
		For purposes of this chapter, the filing of the cable operator shall be 
		deemed to have been made when at least ten copies have been received by 
		the City Clerk. The City Council may, by resolution or otherwise, adopt 
		rules and regulations prescribing the information, data and 
		calculations which must be included as part of the cable operator's 
		filing of the schedule of rates or a proposed increase.

	(B)	In addition to information and data required by rules and regulations 
		of the city pursuant to subsection (A) above, a cable operator shall 
		provide all information requested by the City Manager in connection 
		with the city's review and regulation of existing rates for the basic 
		service tier and associated equipment or a proposed increase in these 
		rates. The City Manager may establish deadlines for submission of the 
		requested information and the cable operator shall comply with such 
		deadlines.

	(C)	A cable operator has the burden of proving that its schedule of rates 
		for the basic service tier and associated equipment or a proposed 
		increase in such rates complies with the Act and the FCC Rules 
		including, without limitation, 47 USC 543 and 47 CFR 76.922 and 76.923.
(Ord. 132, passed 9-20-93)

§ 113.66	PROTECTION OF PROPRIETARY INFORMATION.
	(A)	If this subchapter, any rules or regulations adopted by the city 
		pursuant to § 113.65(A), or any request for information pursuant to § 
		113.65(B) requires the production of proprietary information, the cable 
		operator shall produce the information. However, at the time the 
		allegedly proprietary information is submitted, a cable operator may 
		request that specific, identified portions of the cable operator's 
		response be treated as confidential and withheld from public 
		disclosure. The request must state the reason why the information 
		should be treated as proprietary and the facts that support those 
		reasons. The request for confidentiality will be granted if the city 
		determines that the preponderance of the evidence shows that 
		non-disclosure is consistent with the provisions of the Freedom of 
		Information Act, 5 USC 552. The City shall place in a public file for 
		inspection any decision that results in information being withheld. If 
		the cable operator requests confidentiality and the request is denied, 
		(1) where the cable operator is proposing a rate increase, the cable 
		operator may withdraw the proposal, in which case the allegedly 
		proprietary information will be returned to the cable operator; or (2) 
		the cable operator may seek review within five working days of the 
		denial in any appropriate forum. Release of the information will be 
		stayed pending review.

	(B)	Any interested party may file a request to inspect material withheld as 
		proprietary with the city. The city shall weigh the policy 
		considerations favoring non-disclosure against the reasons cited for 
		permitting inspection in light of the facts of the particular case. It 
		will then promptly notify the requesting entity and the cable operator 
		that submitted the information as to the disposition of the request. It 
		may grant, deny or condition a request. The requesting party or the 
		cable operator may seek review of the decision by filing an appeal with 
		any appropriate forum. Disclosure will be stayed pending resolution of 
		any appeal.

	(C)	The procedures set forth in this section shall be construed as 
		analogous to and consistent with the rules of the FCC regarding 
		requests for confidentiality including, without limitation, 47 CFR 
		76.938.
(Ord. 132, passed 9-20-93)

§ 113.67	NOTICE AND COMMENTS; NOTICE TO OPERATOR; PRELIMINARY REPORT ON
	RATES.
	Upon the filing of ten copies of the schedule of rates or the proposed increase 
	in rates pursuant to § 113.65(A) above, the City Clerk shall publish a public 
	notice in a newspaper of general circulation in the city which shall state 
	that: (1) the filing has been received by the City Clerk and (except those 
	parts which may be withheld as proprietary) is available for public inspection 
	and copying, and (2) interested parties are encouraged to submit written 
	comments on the filing to the City Clerk not later than seven days after the 
	public notice is published. The City Clerk shall give notice to the cable 
	operator of the date, time, and place of the meeting at which the City Council 
	shall first consider the schedule of rates or the proposed increase. This 
	notice shall be mailed by first-class mail at least three days before the 
	meeting. In addition, if a written staff or consultant's report on the schedule 
	of rates or the proposed increase is prepared for consideration of the City 
	Council, then the City Clerk shall mail a copy of the report by first-class 
	mail to the cable operator at least three days before the meeting at which the 
	City Council shall first consider the schedule of rates or the proposed 
	increase.
(Ord. 132, passed 9-20-93)

§ 113.68	EFFECTIVE DATE OF RATES; TOLLING ORDER.
	After a cable operator has filed its existing schedule of rates or a proposed 
	increase in these rates, the existing schedule of rates will remain in effect, 
	or the proposed increase in rates will become effective after 30 days from the 
	date of filing under § 113.65(A) above unless the City Council (or other 
	properly authorized body or official) tolls the 30-day deadline pursuant to 47 
	CFR 76.933 by issuing a brief written order, by resolution or otherwise, within 
	30 days of the date of filing. The City Council may toll the 30-day deadline 
	for an additional 90 days in cases not involving cost-of-service showings and 
	for an additional 150 days in cases involving cost-of-service showings.
(Ord. 132, passed 9-20-93)

§ 113.69	HEARING FOLLOWING TOLLING ORDER; NOTICE.
	If a written order has been issued pursuant to § 113.68 and 47 CFR 76.933 to 
	toll the effective date of existing rates for the basic service tier and 
	associated equipment or a proposed increase in these rates, the cable operator 
	shall submit to the city any additional information required or requested 
	pursuant to § 113.65 of this subchapter. In addition, the City Council shall 
	hold a public hearing to consider the comments of interested parties within the 
	additional 90-day or 150-day period, as the case may be. The City Clerk shall 
	publish a public notice of the public hearing in a newspaper of general 
	circulation within the city which shall state: (1) the date, time, and place at 
	which the hearing shall be held, (2) that interested parties may appear in 
	person, by agent, or by letter at such hearing to submit comments on or 
	objections to the existing rates or the proposed increase in rates, and (3) 
	that copies of the schedule of rates or the proposed increase in rates and 
	related information (except those parts which may be withheld as proprietary) 
	are available for inspection or copying from the office of the Clerk. The 
	public notice shall be published not less than 15 days before the hearing. In 
	addition, the City Clerk shall mail by first-class mail a copy of the public 
	notice to the cable operator not less than 15 days before the hearing.
(Ord. 132, passed 9-20-93)

§ 113.70	REPORT OF CITY MANAGER; CABLE OPERATOR'S RESPONSE.
	Following the public hearing, the City Manager shall cause a report to be 
	prepared for the City Council which shall (based on the filing of the cable 
	operator, the comments or objections of interested parties, information 
	requested from the cable operator and its response, staff or a consultant's 
	review, and other appropriate information) include a recommendation for the 
	decision of the City Council pursuant to § 113.71. The City Clerk shall mail a 
	copy of the report to the cable operator by first-class mail not less than 20 
	days before the City Council acts under § 113.71. The cable operator may file a 
	written response to the report with the City Clerk. If at least ten copies of 
	the response are filed by the cable operator with the City Clerk within ten 
	days after the report is mailed to the cable operator, the City Clerk shall 
	forward it to the City Council.
(Ord. 132, passed 9-20-93)

§ 113.71	DECISIONS AND ORDERS OF CITY COUNCIL; NOTICE.
	(A)	Rate decisions and orders. The City Council shall issue a written 
		order, by resolution or otherwise, which in whole or in part approves 
		the existing rates for basic cable service and associated equipment or 
		a proposed increase in such rates, denies the existing rates or 
		proposed increase, orders a rate reduction, prescribes a reasonable 
		rate, allows the existing rates or proposed increase to become 
		effective subject to refund, or orders other appropriate relief, in 
		accordance with the FCC Rules. If the City Council issues an order 
		allowing the existing rates or proposed increase to become effective 
		subject to refund, it shall also direct the cable operator to maintain 
		an accounting pursuant to 47 CFR 76.933. The order specified in this 
		section shall be issued within 90 days of the tolling order under § 
		113.68 in all cases not involving a cost-of-service showing. The order 
		shall be issued within 150 days after the tolling order under § 113.65 
		in all cases involving a cost-of-service showing.

	(B)	Refund orders; notice.  The City Council may order a refund to 
		subscribers as provided in 47 CFR 76.942. Before the City Council 
		orders any refund to subscribers, the City Clerk shall give at least 
		seven days written notice to the cable operator by first-class mail of 
		the date, time and place at which the City Council shall consider 
		issuing a refund order and shall provide an opportunity for the cable 
		operator to comment. The cable operator may appear in person, by agent 
		or by letter at such time for the purpose of submitting comments to the 
		City Council.

	(C)	Written decisions; public notice.  Any order of the City Council 
		pursuant to subsections (A) or (B) shall be in writing, shall be 
		effective upon adoption by the City Council, and shall be deemed 
		released to the public upon adoption. The Clerk shall publish a public 
		notice of any such written order in a newspaper of general circulation 
		within the city which shall: (1) summarize the written decision, and 
		(2) state that copies of the text of the written decision are available 
		for inspection or copying from the office of the Clerk. In addition, 
		the City Clerk shall mail a copy of the text of the written decision to 
		the cable operator by first-class mail.
(Ord. 132, passed 9-20-93)

§ 113.72	NONCOMPLIANCE OF CABLE OPERATOR.
	The city may pursue any and all legal and equitable remedies against the cable 
	operator (including, without limitation, all remedies provided under a cable 
	operator's franchise with the city) for failure to comply with the Act, the FCC 
	rules, any orders or determinations of the city pursuant to this subchapter, 
	any requirements of this subchapter, or any rules or regulations promulgated 
	hereunder. Subject to applicable law, failure to comply with the Act, the FCC 
	Rules, any orders or determinations of the city pursuant to this subchapter, 
	any requirements of this subchapter, or any rules and regulations promulgated 
	hereunder shall also be sufficient grounds for revocation or denial of renewal 
	of a cable operator's franchise.
(Ord. 132, passed 9-20-93)