HomeMy WebLinkAbout1994-05-09-Ordinance 2180_Cable Television FranchiseOrdinance No.2180
AN ORDINANCE OF THE CITY OF WAUKEE CONCERNING THE REGULATION OF
RATES CHARGED BY CABLE TELEVISION OPERATORS FOR THE BASIC CABLE
PROGRAMMING SERVICE TIER AND RELATED EQUIPMENT.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,as
follows:
Section 1.The City of Waukee (herein called "the City")
has the legal authority to administer and shall enforce against any
non-municipally owned cable television system operator,as
permitted therein,the provisions of Part 76,Subpart N of the
Rules and Regulations of Federal Communications Commission (FCC),
concerning Cable Rate Regulation,47 C.F.R.§§76.600 et seg .•as
they currently read and hereafter may be amended,which are
herewith incorporated by reference.
Section 2.Any rate regulation proceedings conducted under
Section 1 hereto shall provide a reasonable opportunity for
consideration of the view of any interested party,including but
not limited to,the City or its designee,the Cable Operator,
subscribers and residents of the franchise area.In addition to
all other provisions required by the laws of the State of Iowa and
the City of Waukee for such proceedings,and in order to provide
for such opportunity for consideration of the views of any
interested party,the City shall take the following actions:
a.The City shall publish notice as provided in Code
of Iowa Chapter 362.4,and shall mail,by certified mail,to the
cable Operator a notice of the intent to conduct a public
proceeding on basic service tier rates and/or charges for equipment
to receive such service tier,as defined by the FCC.
b.Said notice shall state,among other things,that
cable television rates are subject to municipal review and explain
the nature of the rate review in questions;that any interested
party has a right to participate in the proceeding;that public
views may be submitted in the proceeding,explaining how they are
to be submitted and the deadline for submitting any such views;
that a decision concerning the reasonableness of the cable
television rates in questions will be governed by the FCC Rules and
Regulations;and that the decision of the City if subject to review
by the FCC.
c .The Ci ty shall conduct a public proceeding to
determine whether or not the rates or proposed rate increase are
reasonable.The City may delegate the responsibility to conduct
the proceeding to any duly qualified and eligible individual(s)or
entity.If the City or its designee cannot determine the
reasonableness of a proposed rate increase within the time period
permitted by the FCC Rules and Regulations,it may announce the
effective date of the proposed rates for an additional period of
time as permitted by the FCC Rules and Regulations,and issue any
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other necessary or appropriate order and give notice accordingly.
d.In the course of the rate regulation proceeding,the
City may require additional information from the Cable Operator
that is reasonably necessary to determine the reasonableness of the
basic service tier rates and equipment charges.Any such
additional information submitted to the City shall be verified by
an appropriate official of the cable television system supervising
the preparation of the response on behalf of the entity,and
submitted by way of affidavit or under penalty or perjury,stating
that the response is true and accurate to the best of that person's
knowledge,information and belief formed after reasonable inquiry.
The City may request propriety information,provided that the City
shall consider a timely request from the Cable Operator that said
proprietary information shall not be made available for public
information,consistent with the procedures set forth in Section
0.459 of the FCC Rules and Regulations.Furthermore,said
proprietary information may be used only for the purpose of
determining the reasonableness of the rates and charges or the
appropriate rate level based on a cost-of-service showing submitted
by the Cable Operator.The City may exercise all powers under the
laws of evidence applicable to administrative proceedings under the
laws of the State of Iowa and of the City of Waukee to discover any
information relevant to the rate regulation proceeding,including,
but no limited to,subpoena,interrogatories,production of
documents and deposition.
e.Upon termination of the rate regulation proceeding,
the City shall adopt and release a written decision as to whether
or not the rates or proposed rate increase are reasonable or
unreasonable,and,if unreasonable,its remedy,including
prospective rate reduction,rate prescription and refunds.
f .The Ci ty may not impose any fines,penal ties,
forfeitures or other sanctions,other than permitted by the FCC
Rules and Regulations,for charging an unreasonable rate or
proposing any unreasonable rate increase.
g.Consistent with FCC Rules and Regulations,the
City's decision may be reviewed only by the FCC.
h.The City shall be authorized,at any time,whether
or not in the course of a rate regulation proceeding,to gather
information as necessary to exercise its jurisdiction as authorized
by the Communications Act of 1934,as amended,and the FCC Rules
and Regulations.Any information submitted to the City shall be
verified by an appropriate official of the cable television system
supervising the preparation of the response on behalf of the
entity,and submitted by way of Affidavit or under penalty of
perjury,stating that the response is true and accurate to the best
of that person's knowledge,information and belief formed after
reasonable inquiry.
Section 3.The City shall file with the FCC the required
certification form (FCC Form 328)on September 1,1993,or as soon
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thereafter as appropriate.Thirty days later,or as soon
thereafter as appropriate,the City shall notify the Cable Operator
that the City has been certified by the FCC and that it has adopted
all necessary regulations so as to begin regulating basic service
tier cable television rates and equipment charges.
Section 4.With regard to the cable programming service
tier,as defined by the Communications Act of 1934,as amended,and
the FCC Rules and Regulations,and over which the City is not
empowered to exercise rate regulation,the Cable Operator shall
give notice to the City of any change in rates for the cable
programming service tier or tiers,any change in the charge for
equipment required to receive the tier or tiers,and any changes
in the nature of the services provided,including the program
services included in the tier or tiers,and any changes in the
nature of the services,provided,including the program services
included in the tier or tiers.Said notice shall be provided
within five (5)business days after the change becomes effective.
Section 5.The City may delegate its powers to enforce
this Law to municipal employees or officers ("cable official").
The cable official will have the authority to:
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administer oaths and affirmations;
issue subpoenas;
examine witnesses;
rule upon questions of evidence;
take or cause depositions to be taken;
conduct proceedings in accordance with this law;
exclude from the proceeding any person engaging in
contemptuous conduct or otherwise disrupting the
proceedings;
hold conferences for the settlement or simplification of
the issues by consent of the parties;and
take actions and make decisions or recommend decisions
in conformity with this law.
Section 6.If any ordinances or parts of ordinances are
inconsistent with the provisions of this ordinance,the provisions
of this ordinance shall be controlling.
Section 7.If any section,provision or part of this
ordinance shall be adjudged invalid or unconstitutional,such
adjudication shall not affect the validity of the ordinance as a
whole or any section,provision or part thereof not adjudged
invalid or unconstitutional.
Section 8.This ordinance shall take effect after its
final passage,approval and publication as provided by law.
Passed by the Council this 9th day
9th day of May,1994.of May,1994,and approved
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this
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