Cable Television System Regulatory Board.

15.071. 

Regulatory Board Established. The License and Health Committee of the Common Council is hereby designated and established as a Cable Television System Regulatory Board.

15.072. 

Powers and Duties of the Regulatory Board. The duties of the Regulatory Board shall be as follows:

A. 

Resolving disputes or disagreements between Subscribers and the Grantee after investigation, should the Subscriber and the Grantee not first be able to resolve their dispute or disagreement, in which case, both parties shall submit to the Regulatory Board a written report of their respective positions with regard to the dispute or disagreement and the steps taken to resolve the matter.

B. 

Reviewing and auditing reports submitted to the City, as required by this Ordinance, and such other correspondence, as submitted to the City, concerning the operation of the Cable System or any Video Communications System, so as to insure that the necessary reports are completed and filed, pursuant to the terms of this Ordinance and the Franchise Agreement.

[Ord. 6400, amend, 10/6/1998]

C. 

Reviewing the rules set by the Grantee under the provisions of this Ordinance and the Franchise Agreement.

D. 

Assuring that all tariffs, rates and rules pertinent to the operation of the Cable System or any Video Communications System in the City are made available for inspection by the public at reasonable hours and upon reasonable request.

[Ord. 6400, amend, 10/6/1998]

E. 

Reviewing rates and recommending any rate changes to the Common Council, as provided under this Ordinance.

F. 

Reviewing of the planning and development of production and programming on dedicated access channels.

G. 

Conferring with the Grantee and advising on the interconnection of the City's Cable System with other cable and telecommunications systems.

H. 

Soliciting, reviewing and providing recommendations to the Common Council to insure compliance with this Subchapter.

I. 

Establish and administer rules and regulations governing the allocation and operation of channels for the Institutional Network.

J. 

Such other duties as the Common Council may assign.

15.073. 

Regulatory Board Jurisdiction and Procedures.

A. 

The continuing regulatory jurisdiction of the City shall be exercised through the Regulatory Board. The Board shall have the responsibilities and duties, as set forth in this Section and the Sections hereinabove.

B. 

The Regulatory Board shall first consider any inquiry or proceeding requiring Common Council action to be taken in regard to the Cable System or Franchise, whether upon application or request by the Grantee or any other party on its own motion and shall submit such consideration, together with the Board's recommendation to the Common Council. Items required for action by the Common Council, as referred to the Common Council by the Regulatory Board, shall be taken only after public notice of said proposed action, inquiry or proceeding is published in the official newspaper having general circulation and a copy of said notice is served upon the Grantee. The Grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at said proceeding or hearing; however, such proceeding or hearing shall be set no later than ninety (90) days after notice to the Grantee and the Common Council shall act upon this proceeding within one hundred eighty (180) days of the notice of the proceeding or hearing, unless such time is extended by agreement between the City and the Grantee.

C. 

The public notice required by this Section shall state clearly the action or proposed action to be taken, the time provided for response, including response by the public, the person or persons in authority to whom such responses shall be addressed and such other procedures as may be specified by the Common Council. If a hearing is to be held, the public notice shall give the date, location and time of such hearing and items required for hearing. The Grantee is a necessary party to any hearing conducted in regard to its operations.

D. 

The Grantee shall not be excused from complying with any of the terms and conditions of the Franchise by any failure of the City upon one or more occasions to insist upon or to seek compliance with any such terms or conditions.

E. 

The cost of any successful litigation incurred by the City to enforce provisions of this Section, or in relation to the Franchise, shall be reimbursed to the City by Grantee. Such costs shall include, but not be limited to, filing fees, costs of deposition, discovery and expert witnesses, all other expenses of suit and reasonable attorney's fee.