Sec. 5A-110. Rate regulation

The CATV Commission shall enforce the rate regulations promulgated by the FCC in 47 CFR 76.922, et seq., for the establishment of initial basic cable service and associated equipment rates and for basic cable service and associated equipment rate increases. The franchisee shall submit all rate filings on the proper federal forms. All CATV Commission rate proceedings shall be consistent with the rules and regulations promulgated by the FCC.

Following the receipt by the CATV Commission of the franchisee's request for review of its existing rates for the basic service tier and associated equipment costs, or the franchisee's request for a proposed increase in these rates, the CATV Commission shall hold a public hearing prior to making a final decision on the request for rate review. The public hearing shall be held to provide the franchisee and all other interested persons an opportunity to be heard concerning the request. The Commission shall have the public hearing notice setting forth the time and place of said hearing published, at least once, in the County newspapers of record and on the government access channel no less than ten (10) working days prior to the date of the hearing. The Commission shall mail a copy of the public hearing notice to the franchisee at least ten (10) working days prior to the date of the hearing.

The existing rates will remain in effect or the proposed rates, as appropriate, will become effective after thirty (30) days from the date of receipt of the request; provided, however, that, if the CATV Commission is unable to reach a decision, based upon the material submitted by the franchisee, it may toll the thirty (30) day deadline by issuing a brief written order within the thirty (30) day period explaining that it needs additional time to request and/or consider additional information or to consider the comments from interested persons. The CATV Commission may request an additional ninety (90) days in cases not involving cost-of-service showings, or an additional one hundred fifty (150) days in cases involving cost-of-service showings. The proposed rates shall go into effect or existing rates will remain in effect, as appropriate, at the end of the ninety (90) or one hundred fifty (150) day period, subject to refunds, if the CATV Commission issues a subsequent written decision disapproving any portion of such rates. In order to issue such refunds, the CATV Commission must issue a brief written order to the franchisee by the end of the ninety (90) or one hundred fifty (150) day period, directing the franchisee to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. The maximum one hundred eighty (180) day period may be extended by mutual agreement of the CATV Commission and the franchisee.

The franchisee, upon submitting information required to be produced in the course of a rate proceeding, may request that such information not be made routinely available for public inspection. The franchisee must identify information it claims is confidential and explain why it is confidential. If the request for confidentiality is denied, the franchisee has five working days to seek a review of that decision from the FCC.

The franchisee shall publish and make available to each potential subscriber a schedule of all applicable fees and charges for providing cable television service and must notify subscribers that basic cable service is available.

The franchisee may, at its own discretion, waive, reduce, or suspend connection fees for specific or indeterminate periods and/or monthly service fees for periods not to exceed thirty (30) days for promotional purposes where allowed by federal regulations. The franchisee shall not, with regard to fees, discriminate or grant any preference or advantage to any person; provided, however, that the franchisee may establish a uniform bulk discount rate structure for basic cable service and associated equipment provided to ten (10) or more dwelling units within an apartment building, condominium, garden apartment, or townhouse complex under common ownership, or to ten (10) or more room units within hotels and motels, or to commercial establishments engaged in the sale of television receivers. The franchisee may offer reasonable discounts to senior citizens or other economically disadvantaged group discounts.

Upon completion of the rate proceedings, the CATV Commission shall prepare a written decision only if it disapproves the franchisee's request. All changes in subscriber fees shall be determined by the CATV Commission in accordance with the federal regulations.

In addition to any other penalties contained in this Subtitle, the CATV Commission may: