19931109 1993-45ORDINANCE NO. ]993-45
AN ORDINANCE AMENDING SECTION 5.1-2,
ARTICLE I, CHAPTER 5.1 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA,
REPEALING SECTION 5.1-30 (a), (b) and
(c), ARTICLE VI, CHAPTER 5.1 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA,
ENACTING A NEW SECTION 5.1-30 (a),
ARTICLE VI, CHAPTER 5.1 OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, AMENDING
AND RENUMBERING SECTION 5.1-30 (d), (g)
AND (h), ARTICLE VI, CHAPTER 5.1 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA,
AND RENUMBERING THE REMAINING
SUBSECTIONS OF SECTION 5.1-30
CONCERNING THE DEFINITION OF CABLE
TELEVISION, BASIC SUBSCRIBER RATES AND
OTHER CHARGES, PROMOTIONAL RATES, AND
NOTICE OF CABLE TELEVISION SERVICE
DISCONNECTION.
1. BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 5.1-2, Article I, Chapter
5.1 of the Code of the City of Fairfax is hereby amended by
adding thereto a definition of "Cable television system" to
read as follows:
* *
Section 5.1-2. Definitions.
For purposes of this chapter, the following terms,
phrases, words, abbreviations and their derivations shall
have the meanings respectively ascribed to them by this
section:
Cable television system. Any facility consisting of a set
of closed transmission paths and associated signal
generation, reception and control equipment that is
designed to provide cable service which includes video
programming and which is provided to multiple subscribers
within a community, except that such definition shall not
include (i) a system that serves fewer than twenty
subscribers, (ii) a facility that serves only to retransmit
the television signals of one or more television broadcast
stations, (iii) a facility that serves only subscribers in
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one or more multiple unit dwellings under common ownership,
control, or management, unless such facility or facilities
use any public right-of-way, (iv) a facility of a common
carrier which is subject, in whole or in part, to the
provisions of Title II of the Communications Act of 1934,
47 U.S.C. § 201 et seq. except that such facility shall be
considered a cable system to the extent such facility is
used in the transmission of video programming directly to
subscribers, (v) any facilities of any electric utility
used solely for operating its electric systems, or (vi) any
portion of a system that serves fewer than fifty (50)
subscribers in any country, city or town, where such
portion is a part of a larger system franchised in an
adjacent jurisdiction.
2. BE IT FURTHER ORDAINED by the City Council of the City
of Fairfax, Virginia, that Section 5.1-30, subsections (a),
(b) and (c), Article VI, Chapter 5.1 of the Code of the
City of Fairfax are hereby repealed, that a new Section
5.1-30 (a), Article VI, Chapter 5.1 is enacted, that
Section 5.1-30, subsections (d), (g) and (h), Article VI,
Chapter 5.1 are hereby amended and renumbered, and that the
remaining subsections are renumbered to read as follows:
Sec. 5.1-30. Basic subscriber service rates and other
charqes.
(a) To the extent permitted by law, the city council
will regulate by ordinance subscriber rates for basic cable
service, as defined in 47 C.F.R. 76.901 (a), and for
equipment and other services used by subscribers of cable
television systems subject to regulation under 47 C.F.R.
§76.923. Charges for such basic cable service and for such
equipment may be approved by the city council by ordinance
after conducting a public hearing which will provide a
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reasonable opportunity for the consideration of the views
of interested parties. In establishing such rates, the
city council shall comply with the rate regulatory rules
and procedures adopted by the Federal Communications
Commission ("FCC") pursuant to 47 U.S.C. § 543(b). The
city manager shall submit appropriate reports to the city
council on the subject of such rate regulation and on
proposals to change any established rates.
(b) All charges to subscribers shall be consistent
with a rate schedule for all services offered by a grantee.
Written notice of proposed changes in the basic subscriber
service rate schedule shall be submitted to the city
manager, and to each subscriber subject to any increase in
rates. Such notices to the city manager and to each
subscriber subject to such changes shall describe all
existing rates, all proposed changes, the reasons therefor,
and all terms and conditions related thereto. The city
manager shall forward the notice to the city council within
ten (10) days of receipt. Proposed changes in the basic
subscriber service rate schedule shall not take effect
until at least sixty (60) days after (i) issuance of a
final written decision of the city council regarding such
proposed changes, and (ii) grantee's notice of such changes
to each subscriber subject to such changes, provided,
however, that in its reasonable discretion, the city
council may order reductions in basic subscriber service
rates or adjustments, as permitted by 47 C.F.R. §76.922
(d), to be effective earlier. Notwithstanding any
provision herein to the contrary, changes in the price to
be charged to a subscriber for inflationary and external
cost adjustments, as permitted by 47 C.F.R. §76.922 (d),
shall be approved by the city manager if such proposed
adjustment is in strict compliance with the applicable
federal regulations. If the proposed adjustment is not in
strict compliance with the applicable federal regulations,
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1993-45
the city manager shall approve that portion of the change
that qualifies as such an adjustment and shall refer the
balance of the proposed adjustment to the city council
consistent with this section. The city manager shall act
on a notice of such proposed adjustment within thirty (30)
days of receipt of such notice or within such other time as
may be allowed by the FCC. Any person who requests cable
television service or becomes a subscriber after final
written decision of the city council, but before the
approved change becomes effective, shall be immediately
notified in writing by the grantee that rate changes are
scheduled. Such written notice of the scheduled
increase(s) shall be sent, by the grantee, by first class
mail not later than three (3) days, not including
Saturdays, Sundays, and legal holidays, after such service
is requested.
(c) * . .
(d) * * ,
(e) A grantee may, for promotional purposes, at its
own discretion, waive, reduce or suspend connection charges
and/or monthly service rates for a period of up to ninety
(90) days, except as may be otherwise approved by the city
manager. Nothing in this subsection shall prohibit a
grantee from offering free connections for a thirty (30)
day period to any new subscriber in an area where cable
service is being offered for the first time as a result of
construction or extension of a cable television system.
All promotional offerings made by a grantee shall comply
with Va. Code § 18.2-219.
(f) A subscriber shall have the right to have its
service disconnected without charge at any time. No
subscriber shall be charged for cable television service
for more than two (2) business days following the date of
notice to the grantee of the same. Such disconnection and
recovery of the grantee's cable equipment shall be made as
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soon as practicable and in no case later than ten (10) days
following such notice. A refund of unused basic subscriber
service charges, plus interest at the rate of at least five
(5) per cent annual interest, shall be paid to the
subscriber within thirty (30) days from the date of
disconnection. A grantee shall not require payment of any
charge following disconnection of service, except those due
for services previously provided, and charges for
reconnection and subsequent monthly or periodic charges
which shall be no greater than charges for new customers.
This section shall not prevent a grantee from refusing
service to any person because the grantee's prior accounts
with that person shall remain due and owing.
(g) * , .
(h) * , .
(i) * * ,
2. BE IT FURTHER ORDAINED that the remaining subsections
of the sections hereby amended shall continue to read as
previously enacted.
This ordinance shall become effective as provided by
law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
October 26, 1993
November 9, 1993
November 9, 1993
OR
DATE
ATTEST:
C~ty ~lerk -
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