HomeMy Public PortalAbout101.5 - Executive Offices - General - Basic Cable Service Rate RegulationCity of Orlando
Executive Offices Section 101.5
Policies and Procedures Manual Page 1
101.5 SUBJECT: BASIC CABLE SERVICE RATE REGULATION
:1 OBJECTIVE:
Establish a procedure for public hearings for all interested parties regarding
regulation of basic cable service rates.
:2 AUTHORITY:
This procedure adopted by City Council December 20, 1993.
:3 DIRECTION:
Chief of Staff, as an appointed official, serves at the pleasure, and receives direction
from the Mayor.
:4 METHOD OF OPERATION:
A. Definitions
The following words, for the purpose of this policy and procedure, shall
mean:
City is the City of Orlando.
Franchisee is any company granted a franchise to provide cable television
service within Orlando City limits.
Basic Cable Service is:
1. That tier of service which shall, at a minimum, consist of all must-
carry signals; all public, educational, and governmental channels required
by the franchising authority to be carried on the basic service tier; all
domestic television broadcast signals other than superstations, whether
carried pursuant to mandatory carriage provisions or a retransmission
consent agreement; and any other signals or programming provided for in
'543(b)(7)(A) of Title 47 of the USC, and
2. All associated equipment (such as the converter box and remote-
control unit) and lease, installation, and connection costs as provided for in
'543(b)(3) of Title 47 of the USC.
B. Policy
As part of its regulatory responsibility, when a Franchisee proposes a change
in basic cable service rates, the City will provide a reasonable opportunity for
consideration of the views of interested parties concerning the proposed rate
change.
C. Procedures
1. Initial Rate Review:
a. The Franchisee must file Federal Communications
Commission (FCC) Form 393 with the City (via the Chief of Staff,
Mayor's Office) to establish its schedule of current rates for basic
cable service within 30 days notification of the City's certification to
City of Orlando
Executive Offices Section 101.5
Policies and Procedures Manual Page 2
regulate basic cable service rates and adoption of regulations and rate
standards. (NOTE: The City adopted, concurrently with the adoption
of this Policy, regulations and rate standards consistent with those
established by the FCC under 47 USC '543)
b. The current rate schedule for basic cable service shall be
reviewed by appropriate City staff for recommendation to City
Council as to whether the current rates are reasonable under the
adopted rate standards.
c. The current rates for basic cable service shall become
effective 30 days from the date of filing with the City, unless the City
Council determines the current rates are not reasonable under the
adopted rate standards.
2. Request for Rate Change:
a. The Franchisee, pursuant to the Act, must provide at least 30
days written notice to the City (via the Chief of Staff, Mayor's Office)
of any proposed increase in basic cable service rates.
b. The Chief of Staff or designee will, within 5 business days,
notify the City Clerk's office of the proposed rate change.
c. The City Clerk shall place the matter of the proposed rate
change on the City Council Agenda for the next regularly scheduled
meeting for discussion and consideration. If the next regularly
scheduled meeting is more than 30 days from the time the City
receives the Franchisee's notice of the proposed rate increase, then the
City Clerk will schedule a Special Meeting of the City Council for the
purpose of rate discussions.
d. Public discussion on the reasonableness of the proposed
change in basic cable service rates will be afforded at the time the
City Council takes up the issue on the Agenda. After public
discussion, the City Council shall make a determination, to be issued
in written form prior to the expiration of the applicable time periods
set forth in the FCC Rules, whether (i) the proposed basic cable
service rates are reasonable under the adopted rate standards, (ii) the
proposed basic cable service rates exceed the reasonableness
standards or (iii) the City Council is unable, based on the material
before it, to determine if the proposed basic cable service rates are
reasonable.
e. The proposed rates for basic cable service shall become
effective 30 days from the date of filing with the City, unless the City
Council determines the proposed rates exceed the adopted rate
City of Orlando
Executive Offices Section 101.5
Policies and Procedures Manual Page 3
standards or that the material before it was insufficient to enable the
City Council to determine whether the proposed rates are reasonable.
f. The effective date of the proposed basic cable service rates
may be delayed for a period consistent with FCC Rules, if the City
Council issues a brief order, within the initial 30-day period, as to
why it requires additional time to review the proposed rates.
g. If during the initial 30-day period or during the delay period,
the City Council determines the proposed rates exceed the
reasonableness standards adopted, the City Council will issue a
written decision informing the Franchisee that the proposed rates are
disapproved in whole or in part.
:5 FORMS:
As referenced herein.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCE:
Procedure adopted by City Council pursuant to the Cable Television Consumer
Protection and Competition Act of 1992 (the "Act"), codified as 47 United States Code
(USC) 521, et. seq.
:8 EFFECTIVE DATE:
This procedure effective December 20, 1993.