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8464-94 Amending Chapter 7 of the South Bend Service Charges of any Cable Television System
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8464-94 Amending Chapter 7 of the South Bend Service Charges of any Cable Television System
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10/1/2012 8:36:52 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/14/1994
Ord-Res Number
8464-94
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(A) hold a public hearing at which interested <br /> persons may express their views; and <br /> (B) act to approve the rates within 30 days from <br /> the date the cable operator filed its basic cable rates with the <br /> City. <br /> (2) If the Board of Public Works takes no action within <br /> 30 days from the date the cable operator filed its basic cable <br /> rates with the City, the initial basic rates will continue in <br /> effect, until final action is taken, as set forth in Section <br /> 7 .15 (d) or 7 . 15 (i) , hereinbelow. <br /> (d) Extended review period. <br /> (1) If the Board of Public Works is unable to determine <br /> whether the rates in issue are within the FCC' s reasonable rate <br /> standard based on the material before it, or if the cable <br /> operator submits a cost-of-service showing, the Board of Public <br /> Works shall, within 30 days from the date the cable operator <br /> filed its basic cable rates with the City and by adoption of a <br /> formal resolution, invoke the following additional periods of <br /> time, as applicable, to make a final determination: <br /> (A) 90 days if the Board of Public Works needs <br /> more time to ensure that a rate is within the FCC' s reasonable <br /> rate standard; or <br /> (B) 150 days if the cable operator has submitted a <br /> cost-of-service showing seeking to justify a rate above the <br /> applicable benchmark. <br /> (2) If the Board of Public Works has not made a <br /> determination within the 90 or 150 day period, the initial basic <br /> cable rates shall remain in effect until final action is taken, <br /> as set forth in Section 7 . 15 (i) , hereinbelow. The Board of <br /> Public Works shall issue a brief written order at the end of the <br /> period requesting the cable operator to keep accurate account of <br /> all amounts received by reason of the initial basic rates and on <br /> whose behalf the amounts are paid. <br /> (e) Public Hearing. During the extended review period and <br /> before taking action on the initial basic rates, the Board of <br /> Public Works shall hold at least one public hearing at which <br /> interested persons may express their views and record objections . <br /> (f) Objections. An interested person who wishes to make an <br /> objection to the initial basic rates may request the Clerk of the <br /> Board of Public Works to record the objection during the public <br /> hearing or may submit the objection in writing anytime before the <br /> decision resolution is adopted. In order for an objection to be <br /> made part of the record, the objector must provide the Clerk of <br /> the Board of Public Works with the objector' s name and address . <br /> (g) Benchmark analysis. If a cable operator submits its <br /> initial basic cable rate schedule as being in compliance with the <br /> FCC' s reasonable rate standard, the Board of Public Works shall <br /> review the rates using the benchmark analysis in accordance with <br /> the standard form authorized by the FCC. Based on the Board of <br /> Public Works' findings, the initial basic cable rates shall be <br /> established as follows : <br /> (1) If the initial basic cable rates are below the <br /> benchmark, those rates shall become the initial basic cable rates <br />
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