Duties & Responsibilities
5.12.040 Cable television rate regulation board.
This article shall be administered by the Kittery cable television rate regulation board which shall consist of five members and one alternate appointed by the town council from the qualified voters of the town. Members shall serve for terms of three years and until their successors are appointed and qualified. Members may be removed by the town council for cause after notice and hearing. For the initial terms only, one shall be appointed for three years, two for two years, and two for one year. The alternate member shall be appointed for a term of three years. (Ord. 4-94 § 2.8 (part))
5.12.050 Rate setting procedures.
A. Cable Operator Submission. Within thirty (30) days of the date of the notice from the franchising authority to the cable operator, the cable operator shall file its rate justification with the franchising authority.
B. Franchising Authority Response. The franchising authority shall make a decision on the rate request within thirty (30) days after the cable operator submits its rate justification. The rates proposed by the cable operator shall automatically take effect after that thirty (30) day period unless the franchising authority issues a statement that it needs additional time to make its decision.
If the franchising authority decides that it needs longer than the initial thirty (30) day period to consider the rate request, it may issue a statement to that effect. Such statement may provide for up to ninety (90) additional days to review a rate request based upon a benchmark approach and up to one hundred fifty (150) days to review a rate request based upon a cost of service approach.
If the franchising authority cannot reach a decision by the end of the extended period set forth in the preceding paragraph, the rates proposed by the cable operator shall go into effect, subject to refund. If the franchising authority intends to seek refunds, it shall issue an order to the cable operator prior to expiration of the time period for response, notifying the cable operator to keep accurate records with respect to rates.
C. Public Hearing Required. A public hearing shall be held in connection with every rate setting proceeding. At least ten (10) days prior to the hearing date, the town clerk shall publish a notice of the hearing in a newspaper of general circulation in the town. The notice shall identify the name of the cable operator, indicate that a rate change has been requested, and identify the time and place of the public hearing.
D. Proprietary Information. The franchising authority may require the cable operator to furnish proprietary information in connection with any rate setting proceeding.
E. Calculation of Rates and Refunds. In setting basic tier rates and charges, and in setting any refunds, the franchising authority shall be governed by the FCC Rate Regulations as amended. The FCC Rate Regulations shall govern notwithstanding any different or inconsistent provisions in the franchise agreement.
F. Decision of Franchising Authority. The franchising authority shall issue a written rate decision with appropriate findings and conclusions if the franchising authority:
1. Disapproves, in whole or in part, the initial rate scheduled or a proposed rate increase; or
2. Approves the initial rate or proposed rate increase over the objection of an interested party.
Public notice must be given of any such written decision, which shall include release of the text of the written decision to the public.
No written decision shall be required to approve an unopposed existing or proposed rate.
G. Appeals. The FCC shall have exclusive jurisdiction to hear appeals challenging whether the franchising authority's decision is consistent with the 1992 Cable Act or any applicable FCC rules. Any participant in a franchising authority's rate regulation proceeding may appeal the franchising authority's decision on such grounds to the FCC within thirty (30) days of release of the public notice required under subsection F of this section.
Appeals on grounds other than those stated in the preceding paragraph shall be made to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure. (Ord. 4-94 §§ 3.1--3.7)
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