In cases not involving cost-of-service showings, the City Manager shall consider all
written material submitted by the Cable Operator and the public and determine if the
proposed rates are within the limits established by the FCC regulations. The Cable
Operator shall have the burden of proof to establish that its proposed rates are within
the limits established by the FCC regulations. The City Manager may approve or disapprove
the proposed rates, allow the proposed rates to take effect by operation of law by
taking no action. or refer the matter to the City Council for hearing. The City Manager
shall issue a written decision if he or she approves over opposition or disapproves
the proposed rates in whole or in part. The City Manager is not required to issue
a written decision if he or she approves a proposed rate which has not been opposed
by any person or if he or she takes no action, in which event the proposed rate shall
take effect upon expiration of the time period prescribed in the Section above. If
the City Manager determines that the rates are unreasonable and do not comply with
FCC regulations, the City Manager may prescribe reasonable rates as authorized by
FCC regulations. If the City Manager determines that the Cable Operator's existing
rates exceed the amounts permitted by FCC regulations, the City Manager may order
the Cable Operator to refund the amounts overcharged to its subscribers to the extent
permitted by the FCC regulations within 90 days of the order. The City Manager shall
notify the City Council of any determination made concerning proposed rates. The determination
of the City Manager shall be final. Notwithstanding the foregoing, within ten days
after the determination by the City Manager or at the next regularly scheduled City
Council meeting, whichever is later, any member of the City Council may call up the
proposed rates for consideration by the City Council in accordance with the following
Section. The proposed rates shall not take effect until the expiration of this period
or, if called up by a Councilmember, pending determination by the City Council.
(Ord. No. 820, § 1, 3-19-02)
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