§ 5.36.720. Time for action.

(a)

Quarterly Rate Adjustments. If the Cable Operator submits its proposed rates pursuant to the quarterly rate adjustment system authorized by the FCC, the provision of this subsection shall apply. The proposed rates shall take effect 30 days after submission of all required information to the City, unless the City disapproves the rate or the City Manager issues an order extending the 30-day period as follows. The City Manager may issue a written order extending this 30-day period for the purpose of requesting or considering additional information or comments for: (a) an additional 90 days in cases not involving cost-of-service showing if the City Council and City Manager are unable to make a determination within the 30-day period; or (b) an additional 150 days in cases involving cost-of-service showings. The proposed rates shall take effect following such extension unless the Cable Operator has not submitted all required information or unless the City disapproves the proposed rate. Prior to expiration of such extended period, the City Manager may issue a brief written order directing the Cable Operator to keep an accurate account of all amounts received by reason of the proposed rate and on whose behalf such amounts were paid. At any time following expiration of such extended period, the City may disapprove the proposed rate and, if the foregoing accounting order was issued, may order the Cable Operator to refund all amounts previously collected as a result of the disapproved rate. To the extent provided by federal law, a Cable Operator utilizing the quarterly rate adjustment system may increase its rates for basic service to reflect increases in franchise fees or FCC regulatory fees without complying with this subsection.

(b)

Annual Rate Adjustments. If the Cable Operator submits its proposed rates pursuant to the annual rate adjustment system authorized by the FCC, the provision of this subsection hall apply. The Cable Operator shall submit its proposed rates no later than 90 days prior to the proposed effective date of the rates. Within 45 days of submission, the City may notify the Cable Operator that its submission is facially incomplete, in which case the review period shall be tolled until such time as the City receives all required information. If prior to a determination by the City there is a material change in the Cable Operator's circumstances which affects the rate filing, the Cable Operator may file an amendment. The proposed rates shall take effect the later of 90 days after submission of all required information to the City or 30 days after receipt of any amendment, unless the City disapproves the rate. If the City takes no action during this period, during the subsequent 12-month period the City may nevertheless issue a written decision disapproving the proposed rates and order a refund and a prospective rate reduction. During this 12-month period, if the Cable Operator makes a written inquiry concerning whether the City intends to issue a rate order, the City shall notify the Cable Operator of its intent within 15 days of receipt of the inquiry.

(c)

Required Channel Additions to Basic Service Tier. If the Cable Operator is required by federal or local law to add channels to the Basic Services Tier and submits a proposed rate adjustment as a result, the proposed rates shall take effect 60 days after receipt of a complete application unless the City rejects the proposed rate as unreasonable.

(d)

New Equipment. If the Cable Operator submits a proposed rate for a new type of equipment, the proposed rate shall take effect 60 days after receipt of a complete application unless the City rejects the proposed rate as unreasonable. If the Cable Operator's most recent rate filing was based on the system that enables them to file up to once per quarter, the City may order refunds and prospective rate reductions following the expiration of the 60-day period, provided that it issues an accounting order prior to the expiration of that period. If the Cable Operator's most recent rate filing was based on the annual rate system, the City may order refunds and prospective rate reductions following the expiration of the 60-day period in accordance with FCC regulations.

(Ord. No. 820, § 1, 3-19-02)