VILLAGE OF NORTH BRANCH CABLE TELEVISION ORDINANCE ORDINANCE NUMBER 33 THE VILLAGE OF NORTH BRANCH ORDAINS: Section 1. That Village hereby adopts this Ordinance whereby it will regulate basic cable service as defined and allowed by Cable Television Consumer Protection and Competition Act of 1992, P.U.B.L. 102-385, which is entitled Regulations and Procedure for Basic Cable Television Rate Regulations, to read as follows: ARTICLE 1 REGULATIONS AND PROCEDURES FOR BASIC CABLE TV RATE REGULATIONS Section 2. DEFINITIONS. For purposes of this Ordinance, Act mean Communications Act of 1934, as amended (and specifically as amended by Cable Television Consumer Protection and Competitions Act of 1992, P.U.B.L. 102-385), and as may be amended from time to time; FCC mean Federal Communications Commission; FCC Rules mean all rules of FCC promulgated from time to time pursuant to Act; basic cable service mean basic service as defined in FCC Rules, and any or cable television service which is subject to rate regulation by Village pursuant to Act and FCC Rules; associated equipment mean all equipment and services subject to regulation pursuant to 47CFR, Section 76.923; and an increase in rates mean an increase in rates or a decrease in programming or customer services. All or words and phrases used in this Ordinance have same meaning as defined in Act and FCC Rules. Section 3. PURPOSE; INTERPRETATION. The purpose of this Ordinance is to: 1)adopt regulations consistent with Act and FCC Rules with respect to basic cable service rate regulation, and 2) prescribe procedures to provide a reasonable opportunity for consideration of view of interested parties in connection with basic cable service rate regulation by Village. This Ordinance be implemented and interpreted consistent with Act and FCC Rules. Section 4. RATE REGULATIONS PROMULGATED BY FCC. In connection with regulation of rates for basic cable service and associated equipment, Village of North Branch follow all FCC rules. Section 5. FILING; ADDITIONAL INFORMATION; BURDEN OF
PROOF. (A) A cable operator submit its schedule of rates for basic service tier and associated equipment or a proposed increase in such rates in accordance with Act and FCC Rules. The cable operator include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with Act and FCC Rules. The cable operator file ten (10) copies of schedule or proposed increase with Village Clerk. For purposes of this Ordinance, filing of of cable operator be deemed to have been made when at lease ten (10) copies have been received by Village Clerk. The Village Council may, by resolution or orwise, adopt rules and regulations prescribing information, data and calculations which must be included as part of cable operator s filing of schedule of rates or a proposed increase. (B) In addition to information and data required by rules and regulations of Village pursuant to Section 5 (A) above, a cable operator provide all information requested by Village Clerk in connection with Village s review and regulation of existing rates for basic service tier and associated equipment or a proposed increase in se rates. The Village Council may establish deadlines for submission of requested information and cable operator comply with such deadlines. (C) A cable operator has burden of proving that its schedule of rates for basic service tier and associated equipment or a proposed increase in such rates complies with Act and FCC Rules including, without limitation, 47 USC, Section 543 and 47 CFR, Sections 76.922 and 76.923. Section 6. PROPRIETARY INFORMATION. (A) If this Ordinance, any rules or regulations adopted by Village pursuant to Section 5(B), or any request for information pursuant to Section 4(b) requires production of proprietary information, cable operator produce information. However, at time allegedly proprietary information is submitted, a cable operator may request that specific, identified portions of its response be treated as confidential and withheld from public disclosure. The request must state reason why information should be treated as proprietary and
facts that support those reasons. The request for confidentiality will be granted if Village Council determines that preponderance of evidenced shows that non-disclosure is consistent with provisions of Freedom of Information Act, 5 U.S.C., Section 552. The Village place in a public file for inspection any decision that results in information being withheld. If cable operator requests confidentiality and request is denied, (1) where cable operator is proposing a rate increase, it may withdraw proposal, in which case allegedly proprietary information will be returned to it; or (2) cable operator may seek review within five working days of denial in any appropriate forum. Release of information will be stayed pending review. (B) Any interested party may file a request to inspect material withheld as proprietary with Village. The Village weigh policy considerations favoring nondisclosure against reasons cited for permitting inspection in light of facts of particular case. It will n promptly notify requesting entity and cable operator that submitted information as to deposition of request. It may grant, deny or condition a request. The requesting party or cable operator may seek review of decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal. (C) The procedures set forth in this section be construed as analogous to and consistent with rules of FCC regarding requests for confidentiality including, without limitation, 47, CFR, Section 0.459. Section 7. PUBLIC NOTICE; INITIAL REVIEW OF RATES. Upon filing of ten (10) copies of schedule of rates or proposed increase in rates pursuant to Section 5(A) above, Village Clerk publish a public notice, costs of said publication to be paid by cable television operator prior to said publication, in a newspaper of general circulation in Village which state that: 1) filing has been received by Village Clerk and (except those parts which may be withheld as proprietary) is available for public inspection and copying, and 2) interested parties are encouraged to submit written comments on filing to Village Clerk not later that seven (7) days after public notice is published. The Village Clerk
give notice to cable operator of of date, time, and place of meeting at which Village Council first consider schedule of rates or proposed increase. This notice be mailed by first-class mail at lease three (3) days before meeting. In addition, if a written staff or consultant s report on schedule of rates or proposed increase is prepared for consideration of Village Council, Village Clerk mail a copy of report by first-class mail to cable operator at lease three (3) days before meeting at which Village Council first consider schedule of rates or proposed increase. Section 8. TOLLING ORDER. After a cable operator has filed its existing schedule of rates or a proposed increase in se rates, existing schedule of rates will remain in effect or proposed increase in rates will become effective after thirty (30) days from date of filing under Section 5(A) above unless Village Council (or any properly authorized body or official) tolls thirty (30) day deadline pursuant to 47 CFR, Section 76.933 by issuing a brief written order, by resolution or orwise, within thirty (30) days of date of filing. The Village Council may toll thirty (30) day deadline for an additional 90 days in cases not involving cost-of-service showings and for an additional 150 days in cases involving cost-ofservice showings. Section 9. PUBLIC NOTICE; HEARING ON BASIC CABLE SERVICE RATES FOLLOWING TOLLING OF 30-DAY DEADLINE. If a written order has been issued pursuant to Section 8 and 47 CFR, Section 76.933 to toll effective date of existing rates for basic service tier and associated equipment or a proposed increase in se rates, cable operator submit to Village any additional information required or requested pursuant to Section 5. In addition, Village Council hold a public hearing to consider comments of interested parties within additional 90-day or 150-day period, as case may be. The Village Clerk publish a public notice of public hearing, costs of said publication to be paid by cable television operator, in a newspaper of general circulation within Village which state: 1) date, time, and
place at which hearing be held, 2) interested parties may appear in person, by agent, or by letter at such hearing to submit comments on or objections to existing rates or proposed increase in rates, and 3) copies of schedule of rates or proposed increase in rates and related information (except those parts which may be withheld as proprietary) are available for inspection or copying form office of Clerk. The public notice be published not less that fifteen (15) days before hearing. In addition, Village Clerk mail by firstclass mail a copy of public notice to cable operator not less than fifteen (15) days before hearing. Section 10. STAFF OR CONSULTANT REPORT; WRITTEN RESPONSE Following public hearing, Village Council may cause a report to be prepared for Village Council which (based on filing of cable operator, comments or objections of interested parties, information requested from cable operator and its response, staff or consultant s review, and or appropriate information) include a recommendation for decision of Village Council pursuant to Section 11. The cable operator may file a written response to report with Village Clerk. If at least ten (10) copies of response are filed by cable operator with Village Clerk within ten (10) days after report is mailed to cable operator, Village Clerk forward it to Village Council. Section 11. RATE DECISIONS AND ORDERS. The Village Council issue a written order, by resolution or orwise, which, in whole or in part, approves existing rates for basic cable service and associated equipment or a proposed increase in such rates; denies existing rates or proposed increase; orders a rate reduction; prescribes a reasonable rate; allows existing rates or proposed increase to become effective subject to refund; or orders or appropriate relief, in accordance with FCC Rules. If Village Council issues an order allowing existing rates or proposed increase to become effective subject to refund; it also direct cable operator to maintain a accounting pursuant to 47 CFR, Section 76.933. The order specified in this Section be issued within 90 days of tolling order under Section 8
in all cases not involving a cost-of-service showing. The order be issued within 150 days after tolling order under Section 8 in all cases involving a cost-of-service showing. Section 12. REFUNDS; NOTICE. The Village Council may order a refund to subscribers as provided in 47 CFR, Section 76.942. Before Village Council orders any refund to subscribers, Village Clerk give at least seven (7) days written notice to cable operator by first-class mail of date, time, and place at which Village Council consider issuing a refund order and provide an opportunity for cable operator to comment. The cable operator may appear in person, by agent, or by letter at such time for purpose of submitting comments to Village Council. Section 13. WRITTEN DECISIONS; PUBLIC NOTICE. Any order of Village Council pursuant to Sections 11 or 12 be in writing, be effective upon adoption by Village Council, and be deemed released to public upon adoption. The Clerk publish a public notice of any such written order, costs of said publication to be paid by cable operator, in a newspaper of general circulation within Village which : 1) summarize written decision, and 2) state that copies of text of written decision are available for inspection or copying from office of Clerk. In addition, Village Clerk mail a copy of text of written decision to cable operator by first-class mail. Section 14. RULES AND REGULATIONS. In addition to rules promulgated pursuant to Section 5, Village Council may, by resolution or orwise, adopt rules and regulations for basic cable service rate regulation proceedings (including, without limitation, conduct of hearing), consistent with Act and FCC Rules. Section 15. FAILURE TO GIVE NOTICE. The failure of Village Clerk to give notices or to mail copies of reports as required by this Ordinance not invalidate decisions or proceedings of Village Council. Section 16. ADDITIONAL HEARINGS. In addition to requirements of this Ordinance, Village Council may hold additional public hearings upon such reasonable notice as Village Council, in its sole discretion, prescribe. Section 17. ADDITIONAL POWERS. The Village possess all powers conferred by Act, FCC rules, cable operator s franchise, and all or applicable law. The
powers exercised pursuant to Act, The FCC Rules, and this ordinance be in addition to powers conferred by law or orwise. The Village may take any action not prohibited by Act and FCC Rules to protect public interest in connection with basic cable service rate regulation. Section 18. FAILURE TO COMPLY; REMEDIES. The Village may pursue any and all legal and equitable remedies against cable operator (including, without limitation, all remedies provided under a cable operator s consent agreement with Village) for failure to comply with Act, FCC Rules, any orders or determinations of Village pursuant to this Ordinance, any requirements of this Ordinance, or any rules or regulations promulgated hereunder. Subject to applicable law, failure to comply with Act, FCC Rules, any orders or determinations of Village pursuant to this Ordinance, any requirements of Ordinance, or any rules and regulations promulgated hereunder, also be sufficient grounds for revocation or denial of renewal of a cable operator s consent agreement. Section 19. SEVERABILITY. The Various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, remainder of Ordinance not be affected reby Section 20. CONFLICTING PROVISIONS. In event of any conflict between this Ordinance and provisions of any prior ordinance or any franchise, permit, consent agreement or or agreement with a cable operator, n provisions of this Ordinance control. Section 21. This Ordinance become effective on 27th day of October, 1993. I hereby certify that foregoing is a true copy of Ordinance adopted by Village Council of Village of North Branch, Michigan on 7th day of October, 1993. [SIGNED] Betty L. Kennedy, North Branch Village Clerk