8464-94 Amending Chapter 7 of the South Bend Service Charges of any Cable Television System

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interest in such cable system; or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system. (6) Channel means a unit of cable service identified and selected by a channel number or similar designation. (7) City means the City of South Bend, Indiana. (8) Cost of Service Showing means a filing in which the cable operator attempts to show that the benchmark rate or the price cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital . (9) FCC means the Federal Communications Commission. • (10) Initial Basic Cable Rates means the rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the City notifies the cable operator of the City' s qualification and intent to regulate basic cable rates . (11) Must-Carry Signal means the signal of any local broadcast station (except superstations) which is required to be carried on the basic service tier. (12) PEG Channel means the channel capacity designated for public, educational, or governmental use, and facilities and equipment for the use of that channel capacity. (13) Price Cap means the ceiling set by the FCC on future increases in basic cable rates regulated by the City, based on a formula using the GNP fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation. (14) Reasonable Rate Standard means a per channel rate that is at, or below, the benchmark or price cap level . (15) Superstation means any non-local broadcast signal secondarily transmitted by satellite. Sec. 7 .15. Initial Review of Basic Cable Rates. (a) Notice. Upon the adoption of this Ordinance and the certification of the City by the FCC, the City shall immediately notify all cable operators operating pursuant to a franchise from the City, by certified mail, return receipt requested, that the City intends to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Act of 1992 . (b) Cable operator response. Within 30 days of receiving notice from the City, a cable operator shall file with the City, its current rates for the basic service tier and associated equipment (initial basic rates) and any supporting material concerning the reasonableness of its rates . (c) Expedited determination and public hearing.