Chapter 4.70 BROADBAND TELECOMMUNICATIONS NETWORKS


Section 4.70.360 Fees, rates and charges.

    1. Charges for Service. The franchisee may establish rates for its services in accordance with the schedule of rates contained in the franchisee's application for a franchise or such modifications to such schedule that may result from a review requested by the council after an appropriate public proceeding affording due process, except that such rate adjustment procedure as set forth in this section shall not be required unless and until the franchisee achieves fifty percent penetration of its potential subscribers.
    2. Rate Review. The franchisee may request a rate review at any time except that not more than one such request may be made by the franchisee in any twelve-month period unless such request is to seek relief from the imposition of a legally imposed fee, tax or payment not contemplated in the determination of the existing rates.  The city, on its own motion, may request a rate review at any time by giving reasonable notice to the franchisee of its intention to do so.
    3. Schedule of Rates. A franchisee shall maintain and file with the city a complete schedule of subscriber rates including all fees and charges for  services not subject to approval by the city.
    4. Rates for Service Subject to Approval by the City.  The following rates shall be subject to the prior approval of the city:
            a. Rates for the provision of basic service to subscribers, private or commercial, except those subscribers who have access to a BTN which is not subject to regulation by the city;
            b. Rates for the connection and installation to the BTN;
            c. Rates for installation and connection to the BTN where unusual circumstances exist such as remote or inaccessible subscriber locations or subscriber-requested underground service drops.
    5. Disconnections.  There shall be no charge for disconnection from the network.  However, if a subscriber has failed to pay properly due monthly fees or if a subscriber disconnects for seasonal periods, the franchisee may require, in addition to full payment of any delinquent fees, a reasonable fee for reinstatement.
    6. No Considerations Beyond Schedule.  The franchisee shall receive no consideration whatsoever for or in connection with its provision of service to its subscribers other than as set forth in this section or as filed with and/or approved by the council.
    7. Rate Increase Request Documentation.  Any request for an increase in rates by the franchisee shall be submitted to the city manager and shall be supported by a showing of increased costs for the existing or any proposed services.  The city manager shall have thirty days to review the request and make recommendations to the city council after which time the city council shall set the matter for public hearing. The city manager shall, if he deems it necessary, retain the services of a consultant to aid in the analysis of the rate adjustment requested.
    8. Rate Disputes.  In the event that the city and the franchisee fail to agree on the amount or need of a rate increase within thirty days of the public proceeding set forth in subsection 1. of this section, the dispute shall be submitted to arbitration.  The thirty-day period may be extended by mutual agreement between the city and the franchisee.  Within twenty days of the submittal of the dispute to arbitration, the city shall provide to the franchisee a list of three arbitrators knowledgeable in the matter under dispute from which the franchisee shall select one arbitrator to resolve the dispute.  The decision of the arbitrator thus chosen, when reduced to writing, dated and signed by him, shall be final, conclusive and binding upon both the city and the franchisee for a period of not less than one year.  The expense of such arbitration shall be equally borne by the city and the franchisee.  (Ord. 85/T-4067; S-35454, 1978)