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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 1993-45 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 2 1993-45 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, 3 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 4 1993-45 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 - 5