Tehama County Municipal Code Art. VII Rates and Charges

Except when and as preempted by federal and/or state laws and regulations, the procedures set forth in Sections 6.20.790 through 6.20.830 below, as may be modified by the franchise agreement, apply to the setting of rates and charges associated with the providing of services under this chapter and any franchise issued hereunder.

(Ord. 1337 §11.1, 1986)

Except for lowincome senior citizen subscribers, no rate established shall afford any undue preference or advantage among subscribers, but separate rates may be established for separate classes of subscribers, and installation charges may reflect the increased cost of providing service to isolated or sparsely populated areas.

(Ord. 1337 §11.3, 1986)

The grantee shall provide its subscribers and users rates and charges as set forth in the franchise agreement, and no change in rates and charges may be made without the prior approval of the board, expressed by resolution as an integral part of the franchise agreement. Petitions for changes in rates and charges shall be reviewed (processed) and acted upon in accordance with the provisions of this section and Sections 6.20.800 through 6.20.830, and will not be unreasonably denied.

(Ord. 1337 §11.2.1, 1986)

Should the grantee desire to change its rates and charges, it shall file a petition with the board at least ninety days prior to the proposed date of change. The petition shall detail the proposed changes and set forth the basis for the requested change(s). The petition shall include system historical financial data (balance sheets and detailed profit and loss statements) in support of the petition for the period since commencement of system operations or the previous five years, whichever is the lesser.

(Ord. 1337 §11.2.2, 1986)

Board determination of proper rates and charges shall be based on factors, which shall include, but not be limited to: The quality of signal and service delivered to subscribers, channel capacity, number and quality of programming sources, and the underlying economics of the system (system cash flow, grantee return on investment, etc.) for grantee's Tehama County system and grantee's total interconnected system, if other areas besides the county are served by the same headend/hub.

(Ord. 1337 §11.2.3, 1986)

In connection with any proposed increase in rate or charge, the county may direct an authorized representative to conduct a hearing on the matter. If so directed, the representative shall set the day, hour and place certain when and where any person having any interest therein may appear and be heard. This hearing should normally be conducted within sixty days from the date of receipt of the petition. The notice of public hearing on the matter should be published at least ten days before the date of the hearing in a newspaper of general circulation in the county.

(Ord. 1337 §11.2.4, 1986)

Following the close of such hearing, the representative shall prepare and file with the board a report of the hearing, and his recommendations and the reasons therefor. After receipt of the representative's report, the board shall determine whether to adopt the report or hold a further hearing. If the board elects to adopt the recommendations of the representative, it shall do so by resolution, describing and stating the proposed change in rates or charges, and fixing and setting forth a day, hour and place certain when and where any person having any interest herein may appear before the board and be heard. Such resolution shall direct the county clerk to publish notice of the resolution's adoption at least once within ten days of the passage thereof in a newspaper of general circulation within the county. The county clerk also shall cause notice of intent of such resolution to be mailed to the grantee at least ten days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the board shall hear and decide the matter.

(Ord. 1337 §11.2.5, 1986)