§ 55-12. City review of basic cable rates and equipment costs.

(a)

After a cable operator has submitted to the city for review its existing rates for the basic service tier and associated equipment costs, or a proposed increase in these rates (including increases in the baseline channel charge that results from reductions in the number of channels in a tier), the existing rates will remain in effect or the proposed rates will become effective after thirty (30) days from the date of submission to the city. Provided, however, that the city may toll this thirty-day deadline for an additional time by issuing brief written order as described in subsection (d) within thirty (30) days of the rate submission explaining that it needs additional time to review the rates. The city may, at any time, require the cable operator to produce or provide access to additional information, including proprietary information, that the city deems necessary in order to make a rate determination. All necessary information must be either provided or access to the information provided at the time the submission is made. If the city deems additional information is necessary, the cable operator shall provide the information requested by the city within ten (10) working days. If proprietary information is provided, the provisions of section 55-13 hereof will apply to such information.

(b)

Upon receipt by the city, the cable operator's submittal shall be available for public inspection and copying. Comments on the submittal by interested persons may be submitted in writing or orally at a city council meeting held at any time during the initial thirty-day review period. Written comments shall be addressed to Cable Communications Director, City of Irving, 233 South Rogers Road, Irving, Texas 75060, and must be received prior to the end of the thirty-day review period, but in order to be most effective, written comments need to be received by the city, twenty-one (21) days after the operator's submittal is filed with the city.

(c)

If a cable operator submits a proposed rate increase for review that appears to exceed the presumptively reasonable level and does not include a cost-of-service showing to justify the rate, the city will permit the cable operator to cure this deficiency and submit a cost-of-service showing.

(d)

If the city is unable to determine, based upon the material submitted by the cable operator, that the existing or proposed rates are within the permitted basic service tier charge or actual cost of equipment as defined in sections 55-5 and 55-6 hereof, or if a cable operator has submitted a cost-of-service showing pursuant to sections 55-7 and 55-14 hereof, seeking to justify a rate above the basic service tier charge as defined in sections 55-5 and 55-6 hereof, the city may toll the thirty-day deadline in subsection (a) of this section to request and/or consider additional information or to consider the comments from interested parties as follows:

(1)

For an additional ninety (90) days in cases not involving cost-of-service showings; or

(2)

For an additional one hundred fifty (150) days in cases involving cost-of-service showings.

The order tolling the effective date of the proposed rate shall explain why the city could not make the necessary determination, and it shall also provide the cable operator an opportunity to cure any deficiencies in its original filing. During the additional time periods provided in this paragraph, comments from interested persons may be submitted in writing, as provided in subsection (b) of this section, or orally during at least one (1) city council meeting during the period of abatement.

(e)

If the city has availed itself of the additional ninety (90) or one hundred fifty (150) days permitted in paragraph (c) of this section, and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the ninety- or one hundred fifty-day periods, or existing rates will remain in effect at such times, subject to refunds if the city subsequently issues a written decision disapproving any portion of such rates. Provided, however, that in order to order refunds, the city must have issued a brief written order to the cable operator by the end of the ninety- or one hundred fifty-day period permitted in paragraph (c) of this section directing the operator to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid.

(Ord. No. 6343, § 1, 10-28-93)