§ 13.16.050. Rate change procedures.

The procedures set forth in this section shall apply only to the extent the city is permitted, consistent with applicable federal and state law, to regulate or control the rates, charges, and rate structures established by the grantee for the services provided over its cable communications system.

A.

Application. A grantee seeking a rate change shall file an application for such rate change with the city council. Such application shall be in the form and contain the information required by the city administrator and shall be accompanied by such records, financial data, and other information as the city administrator may request, including, but not limited to, financial statements of the grantee with respect to the operation of its cable communications system within the city.

B.

Public Hearing. When filed, the application shall be available for public inspection at places designated by the city administrator. No later than ninety days after filing the application, a public hearing or hearings shall be held by the city council on the application.

C.

Notice. The grantee shall notify its subscribers of its application for a rate change by including notice of the application in a regular billing statement mailed by the grantee to its subscribers not less than twenty nor more than seventy-five days immediately preceding the date of the initial public hearing on the proposed rate change. Such notice shall set forth the proposed rate change and the time and place of the initial public hearing on the proposed rate change.

D.

Decision. Within ninety days after said hearing or hearings, the city council shall render a decision on the grantee's application, either approving, rejecting, modifying, or deferring the same and reciting the basis for its decision. The city council may consider whatever factors or employ whatever methods it shall consider necessary or appropriate for the purpose of evaluating the grantee's application for rate change. The city council shall have the right to audit the records, financial data, and other information submitted by the grantee in support of its application to verify the accuracy thereof. If the results of any such audit reveal an understatement of gross revenues or an over-statement of expenses in excess of five percent, the grantee shall bear the reasonable cost of such audit.

E.

Rates Deemed Approved. If the city council fails to render a decision either approving, rejecting, modifying, or deferring the grantee's application within one hundred eighty days of the filing of the grantee's application and receipt of requested records, financial data and other financial information pursuant to this section, the grantee shall thereafter be entitled to put its proposed new rates into effect as contained in such application.

F.

Submission Rate Increase Requests. The grantee shall not submit an application for rate increases earlier than twelve months after approval of a prior request for the same level of service.

(Ord. 272-89 §1(part), 1990).