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

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in the number of channels occurring between September 30, 1992, and the initial date of regulation. (3) If the initial basic cable rates exceed the benchmark, but the cable operator' s per channel rate was below the benchmark on September 30, 1992, the initial basic cable rate shall be the benchmark, adjusted for inflation. (h) Cost-of-service showings. If a cable operator does not wish to reduce the rates to the permitted level, the cable operator shall have the opportunity to submit a cost-of-service showing in an attempt to justify initial basic cable rates above the FCC' s reasonable rate standard. The Board of Public Works will review a cost-of-service submission pursuant to FCC standards for cost-of-service review and rules and regulations promulgated by the Board of Public Works . The Board of Public Works may approve initial basic cable rates above the benchmark if the cable operator makes the necessary showing; however, a cost-of-service determination resulting in rates below the benchmark or below the cable operator' s September 30, 1992, rates minus 10 percent, will prescribe the cable operator' s new rates . (i) Decision. (1) By formal resolution. After completion of its review of the cable operator' s initial basic rates, the Board of Public Works shall adopt its decision by formal resolution. The decision shall include one of the following: (A) If the initial basic rates are within the FCC' s reasonable rate standard or are justified by a cost-of- service analysis, the Board of Public Works shall approve the initial basic cable rates proposed by the cable operator; or (B) If the initial basic rates are not within the FCC' s reasonable rate standard and the cost-of-service analysis, if any, does not justify the initial basic rates, the Board of Public Works shall establish initial basic cable rates that are within the FCC' s reasonable rate standard or that are justified by a cost-of-service analysis . (2) Rollbacks and refunds. If the Board of Public Works determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator' s cost-of-service showing justifies lower rates, the Board of Public Works may order the rates reduced in accordance with Paragraph (g) or (h) above, as applicable. In addition, the Board of Public Works may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments) , retroactive to September 1, 1993 . The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the Board of Public Works' decision resolution. (3) Statement of reasons for decision and public notice. If the initial basic rates are disapproved in whole or in part, or if there were objections made by other parties to the initial basic rates, the resolution must state the reasons for the decision and the Board of Public Works must give public notice of its decision. Public notice will be given by advertisement once in the official newspaper of the City.