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

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Sec. 7 . 16. Review of Request for Increase in Basic Cable Rates. (a) Notice. A cable operator in the City who wishes to increase the rates for the basic service tier or associated equipment shall file a request with the Clerk of the Board of Public Works and notify all subscribers at least 30 days before the cable operator desires the increase to take effect . This notice may not be given more often than annually and not until at least one year after the determination of the initial basic cable rates . (b) Expedited determination and public hearing. (1) If the Board of Public Works is able to expeditiously determine that the cable operator' s rate increase request for basic cable service is within the FCC' s reasonable rate standard, as determined by the applicable price cap, the Board of Public Works shall : (A) hold a public hearing at which interested persons may express their views; and (B) act to approve the rate increase within 30 days from the date the cable operator filed its request with the City. (2) If the Board of Public Works takes no action within 30 days from the date the cable operator files its request with the City, the proposed rates will go into effect. (c) Extended review period. (1) If the Board of Public Works is unable to determine whether the rate increase is within the FCC' s reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the Board of Public Works shall, by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination: (A) 90 days if the Board of Public Works needs more time to ensure that the requested increase is within the FCC' s reasonable rate standard as determined by the applicable price cap; and (B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate increase above the applicable price cap. (2) The proposed rate increase is tolled during the extended review period. (3) If the Board of Public Works has not made a decision within the 90 or 150 day period, the Board of Public Works shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate increase and on whose behalf the amounts are paid. (d) Public hearing. During the extended review period and before taking action on the requested rate increase, the Board of Public Works shall hold at least one public hearing at which interested persons may express their views and record objections .