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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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Sec. 7 .18. Automatic Rate Adjustments. <br /> (a) Annual inflation adjustment. In accordance with FCC <br /> regulations, the cable operator may adjust its capped base per <br /> channel rate for the basic service tier annually by the final <br /> GNP-PI index. <br /> (b) Other external costs. <br /> (1) The FCC regulations also allow the cable operator <br /> to increase its rate for the basic service tier automatically to <br /> reflect certain external cost factors to the extent that the <br /> increase in cost of those factors exceeds the GNP-PI . These <br /> factors include retransmission consent fees, programming costs, <br /> state and local taxes applicable to the provision of cable <br /> television service, and costs of franchise requirements . The <br /> total cost of an increase in a franchise fee may be automatically <br /> added to the base per channel rate, without regard to its <br /> relation to the GNP-PI . <br /> (2) For all categories of external costs other than <br /> retransmission consent and franchise fees, the starting date for <br /> measuring changes in external costs for which the basic service <br /> per channel rate may be adjusted will be the date on which the <br /> basic service tier becomes subject to regulation or February 28, <br /> 1994, whichever occurs first . The permitted per channel charge <br /> may not be adjusted for costs of retransmission consent fees or <br /> changes in those fees incurred before October 6, 1994 . <br /> (c) Notification and review. The cable operator shall <br /> notify the Clerk of the Board of Public Works at least 30 days in <br /> advance of a rate increase based on automatic adjustment items . <br /> The City will review the increase to determine whether the item <br /> or items qualify as automatic adjustments . If the City makes no <br /> objection within 30 days of receiving notice of the increase, the <br /> increase may go into effect . <br /> Sec. 7. 19. Enforcement. <br /> (a) Refunds. The City may order the cable operator to <br /> refund to subscribers a portion of previously paid rates under <br /> the following circumstances : <br /> (1) A portion of the previously paid rates have been <br /> determined to be in excess of the permitted tier charge or above <br /> the actual cost of service; or <br /> (2) The cable operator has failed to comply with a <br /> valid rate order issued by the City. <br /> (b) Fines. If the cable operator fails to comply with a <br /> rate decision or refund order, the cable operator shall be <br /> subject to a fine of $500 for each day the cable operator fails <br /> to comply. <br /> Section II . This Ordinance shall be in full force and <br /> effect from and after its passage by the Common Council, approval <br /> by the Mayor and legal publication. <br /> ./0°' <br /> A/// G.!//i <br />
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