Rates and Fees.

15.211. 

Uniformity of Rates. Rates for cable service and charges for equipment necessary for the reception of cable service shall be uniform throughout the Franchise Area, except as specified in Sections 15.2112 and 15.2113. Grantee may establish different rates for tiers of programming and may establish a rate schedule appropriate to commercial enterprises, which differ from such rates provided to residential dwelling units. Grantee may also establish separate rates for Subscribers residing in congregate dwelling units for which bulk billing rates may be established.

15.212. 

Non-Discrimination In Application of Rates, Fees and Services. The Grantee shall not discriminate against individuals in the assessment, levy, charge, imposition or collection of rates, fees and the provision of cable services on the basis of race, creed, color, religion, national origin, age, gender, marital or veteran status or disability.

15.213. 

Filing of Rate Schedule With City. Grantee shall file a full schedule of all Subscriber and user rates and all other fees or charges, including, but not limited to, pay-per-view services, leased access charges, published advertising rates, late fees, Installation fees, trip and repair charges, disconnect fees, reconnect fees, additional outlet charges, name changes, VCR hookups, service upgrades, swaps of pay services, installation of A/B switches, cable guide subscriptions and burial of drop cables. Said schedule shall be filed at such time as changes are announced by Grantee in the levels of rates, fees or other charges.

15.214. 

Universal Service. Grantee shall install, connect and provide universal service without charge to all residences in the City, except to those residences where the offer to provide this service is refused.

15.215. 

Unusual Connections Charges. Grantee may make a charge to Subscribers for installation and connection to its system, in addition to those charges referred in Section 15.213 hereto, where unusual circumstances exist, such as, but not limited to, remote or relatively inaccessible Subscriber locations or for an antenna switching device.

15.216. 

No Considerations Beyond Schedule. Grantee shall receive no consideration whatsoever for or in connection with a service to its Subscribers, other than what may have been filed with the City, in accordance with the provisions of Section 15.213.

15.217. 

Promotional Campaigns. The Grantee may reduce, suspend or waive Installation fees or rates for programming in a non-discriminatory manner for the purpose of marketing cable services through promotional campaigns as a means of attracting Subscribers or users.

15.218. 

Refusal of Service. Grantee may refuse to provide service to any person because of due or owing accounts between such person and the Grantee.

15.219. 

Rates For Devices Serving Disabled Subscribers. Rates for equipment or devices serving Subscribers experiencing visual impairment, hearing impairment or ambulatory impairment disabilities shall be charged to disabled Subscribers at the same cost as that charged to other non-disabled cable service Subscribers. Grantee may offer the disabled Subscriber the option to purchase said device or equipment at the Grantee's cost, plus actual cost of delivery.

15.2110. 

Reservation of Rights to Regulate Cable Services.

A. 

The Franchising Authority reserves the right to regulate rates for Basic Service and equipment of the Grantee as allowed by the FCC. The Franchising Authority shall notify the Grantee of its intention to file a request for certification with the FCC. Upon receipt of said certification, the Franchising Authority shall adopt, by separate ordinance, in accordance with Title 47, Section 76.910, of the Code of Federal Regulations, such regulations consistent with the FCC regulations governing the basic tier of cable service.

B. 

The Franchising Authority shall, within one hundred twenty (120) days of the effective date of certification:

(1) 

Exercise its rights to regulate basic cable rates and provide reasonable opportunity for consideration of the views of interested parties;

(2) 

Notify the cable operator that the Franchising Authority has been certified to regulate basic cable rates; and,

(3) 

Adopt regulations as required by Title 47, Section 76.910(e)(1), of the Code of Federal Regulations.

C. 

The Franchising Authority may review the Grantee's schedule of rates, fees or charges upon submission of said fees, rates and charges on the proper forms provided by the FCC, on its own motion. The Franchising Authority shall submit its recommendations regarding the reasonableness and proper calculations of such fees, rates and charges, to the Regulatory Board and the Common Council. In accordance with the regulations of the FCC, the Common Council may reduce such fees, rates or charges, or let stand the proposed fees, rates or charges of the Grantee. Such reduction or approval of proposed rates shall be expressed by a resolution adopted for the purpose and no change in the Grantee's schedule of fees, rates or charges shall be effective without the prior action of the Franchising Authority, Regulatory Board and the Common Council, as expressed in said resolution. No such resolution shall be adopted without prior public notice and opportunity for all interested parties to be heard, subject to the procedures set forth in this Ordinance.

D. 

In addition, for the purpose of determining the reasonableness of Grantee's fees, rates or charges, all such information shall be made available to the Franchising Authority.

E. 

If during the term of any Franchise or renewal thereof granted hereunder, the Grantee is required to refund Subscribers based upon review of rates and equipment and maintenance charges, as allowed under Title 47, Section 76.910, of the Code of Federal Regulations, or, if the cost of operation to the Grantee is reduced as the result of an order of any Federal, State or local regulatory body having competent jurisdiction, the Grantee shall pass on to its Subscribers on a prorated basis any such savings or reduced costs on a basis to be determined by the Common Council.

F. 

Grantee shall provide written notification to the Franchising Authority of any changes received in regulatory fees payable to it by any other agency having regulatory jurisdiction over the Grantee.

15.2111. 

City's Right to Impose and Collect Taxes, Fees or Assessments.

A. 

The City shall reserve the right to impose and collect a municipal occupation tax on Grantee's business of transmitting messages by means of radio magnetic waves, electricity or fiber optics, as allowed by sec. 77.52(a)12. of the Wisconsin Statutes. Said occupation tax shall not exceed an amount of five percent (5%) of the gross receipts of Grantee's business operations originating within the corporate limits of the City.

B. 

The City shall reserve the right to impose and collect user fees or assessments consistent with State and Federal law from the Grantee. Prior to the authorization of said user fee or assessment, the method of collection and the payment of the collected user fee or assessment, shall be determined jointly between the City and the Grantee.

15.2112. 

Rate Discounts. The Grantee may offer discounts in rates to senior citizens and persons who are economically disadvantaged, in accordance with Section 623(e)(1) of the provisions of the Cable Television Consumer Protection and Competition Act of 1992, as referenced in Title 47, Section 543, of the United States Code of Federal Regulations.

15.2113. 

Senior Citizen Discount. Grantee shall provide a seventeen percent (17%) discount on its Basic Service and all security services, if applicable, exclusive of installation cost. This discount shall not apply to any installation fee. For purposes of this discount, a senior citizen is defined as a cable Subscriber who is sixty (60) years of age or older.