General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Section 20-12. Carriage of signals. A. The company shall comply with all rules and regulations of the F.C.C. with respect to the reception, carriage and distribution of signals. B. Minimum channel complement shall include all V.H.F. channels significantly viewed, public, community, and education channels as required by the F.C.C. C. The company shall transmit and deliver over City channels, the signals designated therefore by the City Council. Section 20-13. Signal quality requirements. A. The company shall operate facilities capable of distributing color television signals, free from ghost images, interference, or distortions, and accompanied with proper sound, to produce good pictures on state-of-the-art television sets in good repair without interfering with other electrical or electronic systems. B. For purposes of this section, the standards to be applied in determining whether or not the company is producing a good picture or transmitting signals of adequate strength to produce same are those acceptable standards as set forth in the rules and regulations of the F.C.C. relative to C.A.T.V. systems. C. The company shall demonstrate by instruments or otherwise to subscribers, upon request, that a signal of adequate strength and quality is being delivered. Such demonstration shall be made by taking a standard production state-of-the-art television set with a screen of sufficient area as to clearly demonstrate the relative merit of the delivered signal. Section 20-14. Operation and maintenance of system. A. The company shall maintain an office in the area which shall be open during all normal business hours, have listed local telephone, and be so operated that complaints and requests for repairs or adjustment may be received at anytime, twenty-four (24) hours per day. B. The company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as is possible, shall be preceded by notice, and shall occur during periods of minimum use of the system. C. The company agrees to use its best efforts to restore service to individual customers within twenty-four (24) hours of interruption and in the event of a general outage caused by an act of God or acts beyond the control of the company, to use its best efforts to restore service within five (5) days and in such event to notify the City Clerk of anticipated restoration of service so that citizens and customers may be properly informed. D. Should it be impossible or impractical to correct any malfunctions within twenty-four (24) hours or less, then each subscriber whose television reception is so disrupted shall receive a rebate from the company in the amount of one-thirtieth (1/13) of such subscriber's monthly charge for every additional twenty-four (24) hour period that such subscriber's television reception is so disrupted, unless said disruption in service was entirely beyond its control. E. Any rebate made to any subscriber under this section, in any month, shall not exceed said subscriber's normal monthly fee paid to the company. F. Complaint procedures shall be given to each new subscriber by the company at the time of initial subscription to the C.A.T.V. system. In the instance of existing subscribers, changes in complaint procedures shall be included with the next monthly billing. Chapter 20- UTILITY FRANCHISES 20-10
CITY OF NEW BUFFALO CODE OF ORDINANCES Section 20-15. Rates. A. Purpose and interpretation. The purpose of this Section is to adopt regulations consistent with the Act and the F.C.C. rules with respect to basic cable service rate regulation, and to prescribe procedures to provide a reasonable opportunity for consideration of the views of interested parties in connection with basic cable service rate regulation by the City. This Section shall be implemented and interpreted consistent with the Act and F.C.C. rules. B. Rate regulations promulgated by F.C.C. In connection with the regulation of rates for basic cable service and associated equipment, the City shall follow all F.C.C. rules. C. Filing, additional information, and burden of proof. 1. A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and F.C.C. rules. The cable operator shall 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 the Act and the F.C.C. rules. The cable operator shall file ten (10) copies of the schedule or proposed increase with the City Clerk. For purposes of this Section, the filing of the cable operator shall be deemed to have been made when at least ten (10) copies have been received by the City Clerk, the City Council may, by resolution or otherwise, adopt rules and regulations prescribing the information, data, and calculations which must be included as part of the cable operator's filing of the schedule of rates or a proposed increase. 2. In addition to information and data required by rules and regulations of the City pursuant to subsection C (1) of this Section, a cable operator shall provide all information requested by the City Manager in connection with the City's review and regulation of existing rates for the basic service tier and associated equipment or a proposed increase in these rates. The City Manager may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines. 3. A cable operator has the burden of proof of proving that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates complies with the Act and the F.C.C. rules including, without limitation, 47 USC S 543 and 47 CFR SS 76.922 and 76.923. D. Proprietary Information. 1. If this Section, any rules, or regulations adopted by the City pursuant to subsection C (2) of this Section, or any request for information requires the production of proprietary information, the cable operator shall produce the information. However, at the time the 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 the reason why the information should be treated as proprietary and the facts that support those reasons. The request for confidentiality will be granted if the City determines that the preponderance of the evidence shows that non-disclosure is consistent with the provision of the Freedom of Information Act, 5 USC S 552. The City shall place in a public file for inspection any decision that results in information being withheld. If the cable operator requests confidentiality and the request is denied, where the cable operator is proposing a rate increase, it may withdrawal the proposal, in which case the allegedly proprietary information will be returned to it; or the cable operator may seek review within five (5) working days of the denial in any appropriate forum. Release of the information will be stayed pending review. 2. Any interested party may file a request to inspect material withheld as proprietary with the City. The City shall weigh the policy considerations favoring a non-disclosure against the reasons cited for permitting inspection in light of the facts of the particular case. It will then promptly notify the requesting entity and the cable operator that submitted the information as to the disposition of the request. It may grant, deny, or condition a request. The requesting party or the cable operator may seek review of the decision by filing an appeal with any appropriate forum. Disclosure will be stayed pending resolution of any appeal. Chapter 20- UTILITY FRANCHISES 20-11
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General Ordinances - City of New Buffalo

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