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HomeMy WebLinkAboutORDINANCES - 04261994 - 94-42 i` ORDINANCE NO. 94- 42 (Enforcement of Federal Cable Rate Regulations) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I. SUMMARY. This ordinance implements the local regulation of cable television rates for the basic service tier and associated equipment, as provided in the Federal Cable Television Consumer Protection and Competition Act of 1992 and the regulations adopted by the Federal Communications Commission (47 CFR, Part 76, Subpart N) . SECTION II. Section 58-8. 009 is added to the County Ordinance Code to read: 58-8. 009 Regulation of Rates for Basic Service Tier and Associated Equipment. (a) Authority. The Cable Television Consumer Protection and Competition Act of 1992 (the Act) and the related regulations adopted by the FCC establish regulations limiting rates for basic cable television service. Local franchising agencies are authorized to enforce these regulations if the agency is certified by the FCC to enforce the regulations. The effectiveness of this section is subject to the certification of the county by the FCC or any other authority which may be conferred upon the county by the federal government. The county hereby adopts by reference the rate regulations established by the FCC pursuant to the Act together with any amendments which may occur from time to time. The provisions of this section are intended to implement the rate regulations established by the FCC and shall not be deemed to limit the authority of the county in any way. (b) Initial Basic Cable Service Rates. If the county is certified by the FCC to enforce rate regulations, the county administrator or designee shall notify each grantee of the certification. Within thirty days after receipt of the notice, the grantee shall file its schedule of existing rates for the basic service tier and associated equipment with the board together with a completed FCC Form 393 (or such other form for the determination of initial rates as may be issued by the FCC) or cost-of-service study as the case may be, and any other information required by the county administrator or designee consistent with FCC rules or regulations. (c) Rate Increases. Prior to increasing existing rates or establishing new rates for basic service and/or associated equipment at any time, the grantee shall file its proposed rates with the county administrator or designee together with a completed -1- ORDINANCE NO. 94- 42 FCC Form 393 (or such other form for the determination of rate increases or new rates as may be issued by the FCC or the county) or cost-of-service study as the case may be, and any other information required by the county administrator or designee consistent with FCC rules or regulations. (d) Extensions of Time for Action. The existing rates shall remain in effect and proposed rates shall take effect thirty days after submission of the forms and information specified in subsection (b) or (c) above, unless the board disapproves the rate or issues an order extending the 30-day period as follows. The board may issue a written order extending this 30-day period for: (a) an additional ninety days in cases not involving cost-of- service showings if the board is unable to make a determination within the 30-day period; or (b) an additional one hundred fifty days in cases involving cost-of-service showings. (e) Hearing and Decision. If all required materials are not submitted, the proposed rates shall not go into effect. If all required materials are submitted, a hearing on the existing or proposed rates shall be scheduled before the board. The grantee and the general public shall be given an opportunity to be heard at the hearing. The grantee shall have the burden of proof to establish that its existing or proposed rates are within the limits established by the FCC regulations. The board shall issue a written decision if it approves over opposition or disapproves the existing or proposed rates in whole or in part. The board is not required to issue a written decision if it approves an existing or proposed rate which has not been opposed by any person or if it takes no action, in which event the proposed rate shall take effect upon expiration of the time period prescribed in subsection (d) above. If the board determines that the rates are unreasonable and do not comply with FCC regulations, the board may prescribe reasonable rates as authorized by FCC regulations. If the board determines that the grantee's existing rates exceed the amounts permitted by FCC regulations, the board may order the grantee to refund the amounts overcharged to its subscribers to the extent permitted by the FCC regulations, provided that the county shall have given the grantee notice of the refund and the opportunity for comment concerning the proposed refund before any such refund is required. (f) Refunds to Customers. Within ninety days from the board's issuance of a rate decision or refund order, any refunds owing by the grantee to customers shall be returned through direct payment to the customer or a specifically identified credit on the customer's bill, or shall be implemented by means of a prospective rate reduction, as provided in 47 CFR Section 76.942 (d) . -2- ORDINANCE NO. 94- 42 (g) Enforcement. If the grantee .fails to comply with a rate decision or refund order made pursuant to this section, the county shall have the right to exercise any of the remedies set forth in Chapter 58-16. However, in the event that the grantee appeals a rate decision or refund order, as provided in 47 CFR Section 76.944, the collection of any liquidated damages assessed by the county shall be stayed pending the resolution of such appeal. If the rate decision or refund order is reversed on appeal, the liquidated damages shall be waived. Otherwise, the liquidated damages shall be payable for the period from the date of assessment to the date on which the grantee fully complies with the rate decision or refund order. (h) Complaints Concerning Cable Programming Services Rates. The county administrator or designee is authorized to file a complaint with the FCC challenging the reasonableness of a grantee's rate for cable programming services, or for the installation or rental of equipment used for the receipt of such cable service, at any time that the county administrator or designee determines such a complaint may be warranted. (Ord. 94- 42 § 2) SECTION III. Subsection (a) of Section 58-8. 008 is amended to read: (a) Except as expressly prohibited by state or federal statute or regulation, the county shall have the right to regulate all rates charged by the grantee to subscribers for programming, equipment, installation, disconnection, reconnection, additional outlets and other programming products or services. To implement such rate regulation, the following provisions of this section shall govern rates and rate changes under this division, except for rates and rate changes for the basic service tier and associated equipment, which shall be governed. by the provisions of Section 58- 8.009. (Ords. 94- 42 § 3, 93-55 § 1) . SECTION IV. The following language is added to Subsection (c) of Section 58-16. 002 : (7) For failure to comply with a rate decision or refund order made pursuant to Section 58-8. 009, the grantee shall pay $100. 00 per day or part thereof that such violation continues. (Ords. 94- 42 § 4 , 93-55 § 1) . SECTION V. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days of passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. -3- ORDINANCE NO. 94-42 PASSED on April 26 , 1994 by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES -' None ABSENT: None ABSTAIN: None ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Am. I J Chairman of the Board D puty i -4- ORDINANCE NO. 94- 42