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

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provide the Clerk of the Board of Public Works with the objector' s name and address . (f) Delayed determination. If the Board of Public Works is unable to make a final determination concerning a requested rate increase within the extended time period, the cable operator may put the increase into effect, subject to subsequent refund if the Board of Public Works later issues a decision disapproving any portion of the increase. (g) Price cap analysis. If a cable operator presents its request for a rate increase as being in compliance with the FCC' s price cap, the Board of Public Works shall review the rate using the price cap analysis in accordance with the standard form authorized by the FCC. Based on the Board of Public Works' findings, the basic cable rates shall be established as follows : (1) If the proposed basic cable rate increase is within the price cap established by the FCC, the proposed rates shall become the new basic cable rates . (2) If the proposed basic cable rate increase exceeds the price cap established by the FCC, the Board of Public Works shall disapprove the proposed rate increase and order an increase that is in compliance with the price cap. (h) Cost-of-service showings. If a cable operator submits a cost-of-service showing in an attempt to justify a rate increase above the price cap, the Board of Public Works will review the submission pursuant to the FCC standards for cost-of-service review. The Board of Public Works may approve a rate increase above the price cap if the cable operator makes the necessary showing; however, a cost-of-service determination resulting in a rate below the price cap or below the cable operator' s then current rate will prescribe the cable operator' s new rate. (i) Decision. The Board of Public Works' decision concerning the requested rate increase shall be adopted by formal resolution. If a rate increase proposed by a cable operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution must state the reasons for the decision. Objections may be made at the public hearing by a person requesting the Clerk of the Board of Public Works to record the objection or may be submitted in writing at anytime before the decision resolution is adopted. (j) Refunds. (1) The Board of Public works may order refunds of subscribers' rate payments with interest if: (A) the Board of Public Works was unable to make a decision within the extended time period as described in Paragraph (c) above; and (B) the cable operator implemented the rate increase at the end of the extended review period; and (C) the Board of Public Works determines that the rate increase as submitted exceeds the applicable price cap or that the cable operator failed to justify the rate increase by a cost-of-service showing, and the Board of Public Works disapproves any portion of the rate increase.