§ 25.21. Subscriber Fees, Service and Bills.

The City reserves the right to enforce Subsections A through K below to the fullest extent permitted by federal law and under FCC rules and regulations; provided, however, that the City's enforcement of Subsections A through K, when required by federal law and under FCC rules and regulations, shall be contingent upon the City's continued certification as a Franchise Authority for the purpose of rate regulation and the Grantee being subject to rate regulation for lack of "effective competition."

A.

By accepting a Franchise granted pursuant to the terms and conditions imposed by this ordinance and the Franchise Agreement, the Grantee agrees that the City shall have the authority and right to cause the Grantee's Basic Cable Service rates, associated equipment and installation charges, and all other services to the extent permitted by law or FCC rules and regulations, to conform to the provisions contained herein.

B.

The City hereby adopts and will adhere to those rules and regulations established and adopted by the FCC pursuant to Title 47, Section 543 et seq., of the United States Code, as amended from time to time, for the regulation of Basic Cable Service (including rate regulation of Basic Cable Service and associated equipment, installation and service charges). In connection therewith, the City will ensure that there is a reasonable opportunity for the consideration of the views of interested parties.

C.

All charges to Subscribers shall be consistent with a schedule of rates for all services offered as established by the Grantee. Changes in the schedule for Basic Cable Service rates, and for associated equipment and installation charges, shall not take effect until (1) notification of same is delivered to the City and to current Subscribers and users, unless such change in rates or charges is the result of a fee, tax, assessment or charge imposed by the City, state or any federal agency on transactions between the Grantee and Subscribers and (2) the City has determined, within the period of time allotted by federal law, that the change in rates or other charges is reasonable under the rules and regulations adopted in paragraph B herein.

D.

The Grantee shall not, with regard to fees and the availability of Cable Service, discriminate or grant any preference or advantage to any Person; provided, however, that the Grantee may establish different rates for different classes of Subscribers, provided that the Grantee does not discriminate between any Subscribers of the same class. The Grantee shall ensure that access to Cable Service is not denied to any group of potential residential Subscribers because of the income of the residents of the local area in which such group resides.

E.

By acceptance of a Franchise, the Grantee further acknowledges that the City retains the right to regulate rates for Basic Cable Service, and related charges for installation, equipment and all other services to the extent permitted by law or FCC rules and regulations.

F.

The City may hold public hearings to consider public comment from interested parties regarding any proposed change in Basic Cable Service rates by the Grantee.

G.

The Grantee shall be required to apprise in writing each new Subscriber of all applicable fees and charges for providing Cable Services.

H.

Grantee may, at its own discretion, in a non-discriminatory manner, waive, reduce, or suspend connection fees and/or monthly service fees for promotional purposes.

I.

Except as may be otherwise provided in the Franchise Agreement, a Subscriber shall have the right to have its service disconnected without charge; such disconnection shall be made as soon as practical and in no case later than thirty (30) days following notice to the Grantee of same. No Grantee shall enter into any agreement with Subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges for a reconnection after a voluntary disconnection shall be no greater than charges for new customers. This section shall not prevent a Grantee from refusing service to any Person because the Grantee's prior accounts with that Person remain due and owing or from charging a higher reconnect fee following a disconnection for non-payment of charges.

J.

The Grantee shall not require the subscription to any tier other than the basic service tier, as a condition of access to video programming offered on a per channel or per program basis, a pay TV basis, or as a part of any other optional programming. This prohibition is subject to such exception and waiver provisions set forth in the Cable Act at 47 U.S.C. § 543(b)(8) (Buy-Through of Other Tiers Prohibited), as may be amended from time to time.

K.

Subscriber bills shall present billing information in a clear, concise and understandable manner and in a way that is not misleading, does not mischaracterize any information and does not omit material information. The Grantee must fully itemize the Subscriber bill, with itemizations including, but not limited to, basic and premium service charges and equipment charges. The Grantee must also clearly delineate in Subscriber bills all activity during the billing period, including optional charges, refunds and credits.

(Ord. of 1-7-1985, Doc. #19125; Ord. of 12-20-1993, Doc. #27118; Ord. of 9-23-1996, Doc. #29666)