Subscriber fees

(a)

By accepting a franchise granted pursuant to the terms and conditions imposed by this chapter, the grantee agrees that the city shall have the authority and right to cause the grantee's fees for regular subscriber service and all other services to the extent permitted by law or FCC rules and regulations to conform to the provisions contained herein. The city shall also have the authority and right to deny increases or order reduction of fees when it determines that in the absence of such action on its part, the grantee's fees or proposed fees do not conform to the stipulations contained herein.

(b)

All charges to subscribers shall be consistent with a schedule of fees for all services offered as established by the grantee. Changes in the fee schedule shall not take effect until at least sixty (60) days after notification of same is delivered to the mayor and to current subscribers and users.

(c)

The grantee shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided that the grantee may establish different rates for different classes of subscribers and, provided further, that the grantee not discriminate between any subscribers of the same class. Approval for such classes of subscribers shall be made by the mayor or his designee, in writing, no later than thirty (30) days following receipt of the request from the grantee.

(d)

Notwithstanding the foregoing provisions, and except in the case of extraordinary circumstances as approved by the city council, the grantee shall not increase the fees for services proposed in the franchise bid above the rates specified in the bid for a period of thirty-six (36) months from the time service is provided to the first subscriber pursuant to the grantee's franchise; provided that the grantee shall have the authority and the right to add to its service or installation fees any federal, state or local taxes or fees directly imposed on subscribers and for any additional copyright fees that may be imposed as a result of legislative or judicial action at the federal, state or local level taken after the filing of the franchise bid. If, during the term of the franchise, the grantee receives refunds of any copyright payments, it shall without delay notify the mayor, suggest a plan for flow-through of the refunds to its subscribers, and retain such refunds in an interest-bearing escrow account pending order of the mayor. After considering the plan submitted by the grantee, the mayor shall order flow-through of the refund with accrued interest to the grantee's subscribers in a fair and equitable manner.

(e)

By acceptance of a franchise, the grantee further acknowledges that the city retains the right to fix rates for regular subscriber service and all other services to the extent permitted by law or FCC rules and regulations that are just, reasonable and compensatory. Any time after thirty (30) months from the date service is provided to the first subscriber under the franchise, the city, after proper notice as provided in section 7-57, may hold public hearings to consider the necessity of regulating the subscriber rates charged by this grantee and, by reasonable amendment of this chapter and franchise and/or by adoption of rules and regulations, may establish procedures for the review of subscriber rates; provided that this section shall not permit the city to order the grantee to rebate any fee or portion thereof charged during the period when such fees were not subject to regulation by the city.

(f)

The grantee shall be required to apprise in writing each new subscriber of all applicable fees and charges for providing cable television services.

(g)

The grantee may, at its own discretion, in a nondiscriminatory manner, waive, reduce or suspend connection fees and/or monthly service fees for promotional purposes.

(h)

Except as may be otherwise provided in a franchise, a subscriber shall have the right to have service disconnected without charge. The disconnection shall be made as soon as practicable and in no case later than thirty (30) days following notice to the grantee of same. No grantee shall enter into any agreement with a subscriber which imposes any charge following disconnection of service, except for reconnection and subsequent monthly or periodic charges, and those charges 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.

(i)

Except as may be otherwise provided in a franchise, a grantee may offer service which requires advance payment of periodic service charges for not more than one (1) year in advance subject to the conditions contained in this paragraph. A subscriber shall have the right, at any time, to have service disconnected without charge and with a refund of unused service charges and converter deposits, if any, paid by the customer within thirty (30) days from the date of termination of service. No converter deposits will be charged for basic services. Rate increases shall not be effective with respect to any subscriber until after the expiration of any period for which advance payment has been accepted by the grantee.

(Code 1971, § 52-51; Ord. No. 7864-A, § 1(Art. V, § 1), 1-28-82)