§ 5.36.730. Determination by City Council.

In cases involving a cost-of-service showing and in cases which are called up by a Councilmember in accordance with the foregoing Section, a hearing on the proposed rates shall be scheduled before the City Council upon submission of all required materials. 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 Council shall issue a written decision if it approves over opposition or disapproves the proposed rates in whole or in part. The City Council is not required to issue a written decision if it approves a proposed rate which has not been opposed by any person or if it takes no action, in which event the proposed rate shall take effect upon expiration of the time period prescribed in Section 5.36.720 above. If the City Council determines that the rates are unreasonable and do not comply with FCC regulations, the City Council may prescribe reasonable rates as authorized by FCC regulations. If the City Council determines that the Cable Operator's existing rates exceed the amounts permitted by FCC regulations, the City Council 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 such order.

(Ord. No. 820, § 1, 3-19-02)