Loading...
HomeMy WebLinkAbout4004-02/07/1994 ORDINANCE NO. 4004 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING ARTICLE II, REGULATION OF RATES, TO CHAPTER 92 , CABLE TV FRANCHISE REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Article II, Regulation of Rates, of Chapter 92 , Cable TV Franchise Regulations, of the 1993 Code of Ordinances of the City of Waterloo, Iowa, is hereby added as follows: ARTICLE II. REGULATION OF RATES Sec. 9i-45. FCC Rules adopted. The City of Waterloo has the legal authority to administer and shall enforce against any non-municipally owned cable television system operator, as permitted therein, the provisions of Part 76 , Subpart N of the Rules and Regulations of the Federal Communications Commission (FCC) , concerning Cable Rate Regulation, 47 C.F.R. §§ 76. 900, et seq. , as they currently read and hereafter may be amended, which are herewith incorporated by reference. Sec. 9i-46. Rate regulation proceedings. Any rate regulation proceedings conducted under Section 92-45 hereto shall provide a reasonable opportunity for consideration of the view of any interested party, including but not limited to, the City or its designee, the Cable Operator, subscribers and residents of the franchise area. In addition to all other provisions required by the laws of the State of Iowa and the City of Waterloo for such proceedings , and in order to provide for such opportunity for consideration of the views of any interested party, the City shall take the following actions: (a) The City shall publish notice as provided in Iowa Code §362. 4, and shall mail, by certified mail, to the Cable Operator a notice of the intent to conduct a public proceeding on basic service tier rates and/or charges for equipment to receive such basic service tier, as defined by the FCC. (b) Said notice shall state, among other things, that cable television rates are subject to municipal review and explain the nature of the rate review in question; that any interested party has a right to participate in the proceeding; that public views may be submitted in the proceeding, explaining how they are to be submitted and the deadline for submitting any such views; that a decision concerning the reasonableness of the cable television rates in question will be governed by the FCC Rules and Regulations; and that the decision of the City is subject to review by the FCC. (c) The City shall conduct a public proceeding to determine whether or not the rates or proposed rate increase are reasonable. The City may delegate the responsibility to conduct the proceeding to any duly qualified and eligible individual( s) or entity. If the City or its designee cannot determine the reasonableness of a proposed rate increase within the time period permitted by the FCC Rules and Regulations, it may announce the effective date of the proposed rates for an additional period of time as permitted by the FCC Rules and Regulations, and issue any other necessary or appropriate order and give notice accordingly. (d) In the course of the rate regulation proceeding, the City may require additional information from the Cable Operator that is reasonably necessary to determine the reasonableness of the basic BooK 310 r 403 Ordinance No. 4004 Page 2 service tier rates and equipment charges . Any such additional information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person' s knowledge, information and belief formed after reasonable inquiry. The City may request propriety information, provided that the City shall consider a timely request from the Cable Operator that said. proprietary information shall not be made available for public information, consistent with the procedures set forth in Section 0. 459 of. the FCC Rules and Regulations. Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level based on a cost-of-service showing submitted by the Cable Operator. The City may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Iowa and of the City of Waterloo to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoena, interrogatories, production of documents, and deposition. (e) Upon termination of the rate regulation proceeding, the City shall adopt and release a written decision as to whether or not the rates or proposed rate increase are reasonable or unreasonable, and, if unreasonable, its remedy, including prospective rate reduction, rate prescription, and refunds. ( f ) The City may not impose any fines, penalties, forfeitures, or other sanctions, other than permitted by the FCC Rules and Regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. The City may take any other action allowed under its own ordinances or as permitted by law. (g) Consistent with FCC Rules and Regulations, the City' s decision regarding matters to be determined under this ordinance may be reviewed only by the FCC. (h) The City shall be authorized, at any time, whether or not in the course of a rate regulation proceeding, to gather information as necessary to exercise its jurisdiction as authorized by the Communications Act of 1934, as amended, and the FCC Rules and Regulations. Any information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person' s knowledge, information, and belief formed after reasonable inquiry. Sec. 9i-47. Notice to Cable Operator. The City shall notify the Cable Operator that the City has been certified by the FCC and that it has adopted all necessary regulations so as to begin regulating basic service tier cable television rates and equipment charges. Sec. 9i-48. Cable programming service tier; notice to City. With regard to the cable programming service tier, as defined by the Communications Act of 1934, as amended, and the FCC Rules and Regulations, and over which the City is not empowered to exercise rate regulation, the Cable Operator shallgive notice to the City of any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided, including the program services included in the tier or tiers, and any changes in the nature of the services BODEJ�.n PADE 4O4 Ordinance No. 4004 Page 3 provided, including the program services included in the tier or tiers. Said notice shall be provided within five ( 5) business days after the change becomes effective. Sec. 91-49. Delegation of powers to Waterloo Cable Commission. The City hereby delegates its powers to enforce this ordinance to the Waterloo Cable Commission, which shall act as the City' s " cable official" under rules and procedures usually followed by or specifically adopted by it for this purpose. In its capacity as " cable official" , the Waterloo Cable Commission shall have the authority to: (a) administer oaths and affirmations; (b) issue subpoenas; (c) examine witnesses; (d) rules upon questions of evidence; (e) take or cause depositions to be taken; ( f) conduct proceedings in accordance with this ordinance; (g) exclude from the proceeding any person engaging in contemptuous conduct or otherwise disrupting the proceedings; (h) hold conferences for the settlement or simplification of the issues by consent of the parties; ( i) take actions and made decisions or recommend decisions in conformity with this ordinance; and ( j ) Cable Commission shall notify the Waterloo City Council of its actions and findings in a timely fashion. Sec. 9i-50. Inconsistent ordinances. If any ordinances or parts of ordinances are inconsistent with the provisions of this ordinance, the provisions of this ordinance shall be controlling. Sec. 9i-51. Severability. If any section, provision, or part of this ordinance shall be adjudge invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Sec. 9i-52. Effect after passage and publication. This ordinance shall take effect after its final passage, approval, and publication as provided by law. INTRODUCED: February 7 , 1994 PASSED 1ST CONSIDERATION: February 7 , 1994 PASSED 2ND CONSIDERATION: February 7 , 1994 PASSED 3RD CONSIDERATION: February 7 , 1994 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of February, 1994, and approved by the Mayor on the 9th day of February, 1994 . Alt le 44--/e Johc R. •doff, Mayor BOOK 310 PAGE 405 Ordinance No. 4004 Page 4 ATTEST: C2169712 -°10' /7 Tom CaP •bell, £cting City Clerk/Auditor CERTIFICATE I , Tom Campbell, Acting City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4004, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of February, 1994. Witness my hand and seal of office this 9th day of February, 1994. P -e-ee" om C bell cting City Clerk/Auditor a SEAL n Mi SC196 .Z INDEX LI'Llb BLACK FMK COUNTY, IOWA:SS MARGIN Pc r^ ^' COMPAREROOFatFiled fer 12:30d PMar M, and30 recorded19 g4._in cl Q Mi sc __- Book Page 403 3g-eM (,) Recorder to CITY OF WATERLOO BOOK 310?:,SE406 i taken; (f) Conduct pro_edings in accor- i dance x ith this ordinan (g) etude from the proceeding • any person engaging in contemptu- -ous conduct or otherwise disrupting (the proceedings; ORM l _(h) hold conferences for the settle- ment or simplification of the issues by consent of the parties; (i) take actions and made decisions or recommend decisions in confor- mity with this ordinance;and Waterloo, City of STATE_, t(j) Cable Commission shall notify I do solemnly swear that the annexed copy of legal �TAIE_the Waterloo City Council of its action and findings in a timely lash- 'Blaek p" Ordinance No. 4004 Sec 9 1/2-50. Inconsistent H Ordinances. ORDINAr—If any ordinances or parts of ordi- nances are inconsistent with the AN ORDI N!provisions of this ordinance, the coontrolling of this ordinance shall be 11dE r Sec.9 1/2-S1. Severability. BY' i - If any section,provision,or part of TION 1 this ordinance shall be adjudge 1IO CAf E—invalid or unconstitutional,such 1/2,CA -adjudication shall not affect the BE IT validity of the ordinance as a whole notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Council"-or any section,provision or part Iowa: . thereof not ajudged invalid or 28th That Ar unconstitutional. of Chi Sec.9 1/2-52. Effect after passage Waterloo,Black Hawk County,Iowa,once commencing on the Franchi N and publication. Code c___This ordinance shalt take effect after its final passage,approval, dayof • February 1g 94 in the name of Waferk �h and publication as provkled by law. Allows INTRODUCED: February 7,1994 / .," RRTIC— Sec.RATE; NN PASSED February 7,119940NSIDERATION: Sec.9 The �PASSED7NgsND gONSIDERATION: said newspaper, and that the annexed rate of advertised is the regular legal rate of said author February enforce jrPASSED 3RD CONSIDERATION: owner 'February 7,1994. opera X City PASSED Counc I of the City ADOPTED Waterloo, newspaper,and that the following is a correct bill for publishing said notice. pthe R, Iowa,on the 7th day of February, 8z 32 Feder wd.1994,and approved by the Mayor Printers Bill Comr---on the 9th day of February,1994. Cable N$3 John R.Rooff,Mayor §§76 ATTEST: read r"—Tom Campbell, Acting City • ed,wi MaClerk/Auditor - by ref - Sec.'NN3 Any OM )4/ _._......C.-r ----c..-). condi as 'c r.z Signed hetet • oppod view ` / ing b �/ / '` da of scsb 34v Subscribed and sworn to before me this i y chis VU .�.,,{�'�:;";;y,�`' • prove pa 'ti`• e ' {'l theWa. "' 1.0 : :1 J�-t/V 1•11V 0\IA,-,ti AD 19 1 �/ Wate 9� / in oft �' a��``' U// nityf [L' =k�..c . any q`t i?VAU take Ell - "k... . shat • 0 gaAtt42'shall `- k. (e0"Wi/i1A/� • Cab.Q @f•mac ,. ii/ N✓ i • !/lam inte ing Ala INotary Public and rece , 1�� defir d( • (b) • ratoth - Received of • rat , rev' • ri • rate E , tticinte,: �� cip© �- pro.M are ' the sum of line tha ran Dollars rate by 1• a • (r in full for publication of the above notice. ii pyo n a ;DV . j...1., VIP.:._I...M.j.L..la 0. 71 :21VC BC • a a sa.wn,..,sia(nm3wn9EM NI 1 / 11.. 0. . ,�