Antioch Municipal Code Art. 2 Customer Service and Rates

The city hereby adopts, as a minimum level of customer service to be provided by any franchisee or video provider, the Video Customer Service Act, Cal. Gov't Code §§ 53088 et seq., and any successor legislation, and the Consumer Protection and Customer Standards regulations of the Federal Communications Commission, FCC Regulation 76.309 and successor regulations, as the minimum level of customer service to be provided by the franchisee or video provider. Any violation of any such standards may be enforced by the city in the same manner as if the city had set out such regulations in full in this chapter.

(Ord. 879-C-S, passed 4-12-94)

The Federal Cable Television Consumer Protection and Competition Act of 1992 (“the Act”) and the related regulations adopted by the Federal Communications Commission (“FCC”) establish regulations limiting rates for basic cable television service, as well as rates and charges for other ancillary services. The city hereby adopts by reference the rate regulations established by the FCC pursuant to the Act, together with any amendments which may occur from time to time.

(Ord. 879-C-S, passed 4-12-94)

Upon the city becoming certified by the FCC to enforce rate regulations, the City Manager shall notify the grantee of the certification. Within 30 days after receipt of the notice, the grantee shall file its schedule of rates and charges for the basic service tier and associated equipment and ancillary rates with the City Manager. Said schedule of rates shall be accompanied by a detailed explanation by the grantee of how the rates and charges are consistent with the FCC regulations. (Ord. 879-C-S, passed 4-12-94)

(A) Prior to increasing any rates for basic service and/or associated equipment at any time, the grantee shall file its proposed rates with the City Manager. Within seven days of filing its proposed rates, the grantee shall notify its subscribers of its proposed rates, and that written comments may be submitted to the City Manager.

(B) Such notice shall contain language in substantially the following form:

The Federal Communications Commission provides regulations for the amount of fee increases. If the rates are consistent with such regulations, the City of Antioch has no power to disapprove them. The City Manager will determine whether the proposed rates are consistent with the regulations. Written comments on this matter may be directed to the City Manager at P.O. Box 130, Antioch, CA 94509-0504 within 20 days of your receipt of this notice.

(Ord. 879-C-S, passed 4-12-94)

If the proposed rates are within the benchmark rates permitted by the FCC regulations, the grantee shall submit the required FCC form. If the proposed rates are greater than the benchmark rates permitted by FCC regulations, the grantee may submit a cost-of-service showing pursuant to FCC regulations. The City Manager may request the grantee to submit such additional information as he may reasonably deem necessary to make a determination.

(Ord. 879-C-S, passed 4-12-94)

The City Manager may approve, conditionally approve, or deny a rate increase. A conditional approval may be made pending further review of the rate increase. If the City Manager determines from such further review or audit that the rate increase was not justified, a rate rollback or reduction may be ordered. In the event of any conditional approval or denial, the City Manager shall submit a written explanation of such decision to the grantee. The City Manager shall submit any decision made in writing to the grantee, and shall post such decision in the Office of the City Clerk and at the City Council chambers. Such notice shall remain posted for at least 14 calendar days.

(Ord. 879-C-S, passed 4-12-94)

The grantee, or any interested person, may appeal the City Manager's decision to the City Council. Such appeal, to be effective, must be filed with the City Clerk in writing within 14 calendar days of the City Manager's decision.

(Ord. 879-C-S, passed 4-12-94)

The grantee, or any interested person, may appeal the City Council's decision on appeal to the FCC in accordance with FCC regulations.

(Ord. 879-C-S, passed 4-12-94)

Although the city has no jurisdiction over the rates charged for premium services, the City Manager is authorized to file a complaint with the FCC challenging the reasonableness of a grantee's rate for cable service or any other ancillary charges, at any time that the City Manager determines that such complaint may be warranted.

(Ord. 879-C-S, passed 4-12-94)