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HomeMy WebLinkAbout1982-04-20; City Council; 6065; CMC 5.28.175 add - Cable TV service rates & alternative procedureORDINANCE NO. 6065 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 2 3 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.28 OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION OF SECTION 5.28.175 TO PROVIDE AN ALTERNATIVE PROCEDURE FOR FIXING RATES FOR CABLE TELEVISION SERVICE AND INCREASING SAID RATES. The City Council of the City of Carlsbad, California does ordain as follows: 7 SECTION 1: That Title 5, Chapter 5.28 of the Carlsbad a Municipal Code is amended by the addition of Section 5.28.175 to 9 read as follows: 5.28.175 Rates - Alternative Procedure. (a) The provisions of this section shall be an alternative to Section 5.28.170. Changes in rates and charges for basic service may be made pursuant to this section or Section 5.28.170 at the option of Grantee. Grantee may adjust its rates and charges not more than once in any twelve month period as follows: (b) Subject to the provisions of this subsection (1) Grantee shall submit proposed increases to the City Manager for review at lease sixty days prior to Grantee's proposed effective date for the new rates. Grantee shall notify its subscribers of the proposed increases at least fifty days prior to said date. (2) Grantee shall not submit any rate change increase which exceeds sixty percent of the increase in the cost of living, as defined by the Consumer Price Index (All Items Index) "For Urban Wage Earners and Clerical Workers" for the City of San Diego, California as published from time to time by the U.S. Department of Labor, for the immediately preceeding twelve month period as thus published. (3) If the Grantee does not elect to submit proposed changes from time to time, then the aggregate amount of any increase to which the Grantee would have been entitled had the election been made may be carried forward to a future year but the Grantee's right to any such increase shall be waived permanently if not implemented by the Grantee in an increase within forty-eight months from the date of publication of the said Consumer Price Index for the quarter which is carried forward. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) In no event may any increase pursuant to this subsection (b), including accumulated increases, exceed fifteen percent of the rate or charge existing at the time the increase is submitted. (5) If said Consumer Price Index decreases from one year to the next, a Grantee shall, if it has elected to take advantage of a Consumer Price Index increase, decrease its rates and charges by sixty percent of the decrease of the Index. To the extent that a Grantee has not taken advantage of Consumer Price Index increases, the rights the Grantee has to increase its rates through the cumulation of increases in said Index shall be reduced by the decrease in the Consumer Price Index. (c) If a Grantee submits an increase in its rates pursuant to subsection (b), the City Council may challenge this increase within thirty days, on the basis of excessive subscriber complaints regarding Grantee's service or rates, or if the City Council determines, that a Grantee is failing to meet FCC Technical Standards, is not properly providing service for its customers, or is not complying with its franchise. If the City Council challenges an increase pursuant to this subsection, the increase shall not become effective until a hearing is held on the matter and a decision rendered in accordance with the hearing procedures of Section 5.28.170. section, the City may, at its election, at any time upon ten days prior notice to the Grantee, recapture the ratemaking authority possessed by the City under Section 5.28.170 and cancel the use by Grantee of the alternative procedures of this section. In that event the rates in effect on the date of said notice shall be the effective rates. including converter rental, shall be $10.95 per month, additional outlet $4.00 per month for Carlsbad Cablevision, and $10.50 per month, additional outlet $3.50 per month for La Costa Cable TV. These rates shall be considered the base rates and the July 1982 indicies of the Consumer Price Index shall be considered as the price base for calculating the percentage changes from one year to the next. or relocation, converter deposit and transfer of service may be established by Grantee. Grantee shall give notice of any proposed increase in these charges as provided in subsection (b)(l) and such increase may be challenged by the City Council as provided in subsection (c) of this section. (d) Notwithstanding any other provision of this (e) The rates for basic cable television service, (f) Charges for FM service, installation, reconnection SECTION 2: Effective on the effective date of this Ordinance, Resolution Nos. 5220 and 5221 fixing rates and charges 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for cable television service shall be rescinded. Rates and charges for those portions of the City served by La Costa Community Antenna System, Inc. and Carlsbad Cablevision shall be those fixed by this Ordinance. EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this Ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of April Y 1982, and thereafter PASSED AND ADOPTED AT A REGULAR MEETING OF SAID Council held on the 20th day of April , 1982, by the following vote, to wit: AY E s : bun&.l Meders Packard, Casler , hear NOES: Council Wer Lewis ABSENT: COUnCil MalibCZ KdChin RONALD C. PACKARD, Mayor ATTEST: (SEAL ) 3.