§ 50-1. Filing and review of rates.

The town shall follow the FCC (Federal Communications Commission) rate regulations in its regulation of the basic service rates and charges of Continental Cablevision and/or any other franchisee hereafter operating in the town notwithstanding any different or inconsistent provisions in any cable franchise.

A. 

A franchisee that is notified that its basic service and equipment rates are subject to rate regulation shall file, within 30 days of notification (but not earlier than November 15, 1993), a submission (hereinafter the "rate filing") as required by FCC rate regulations. The franchisee's rates affected by such notice shall not be subject to increase except with the prior approval of the town or as provided by FCC rate regulations.

B. 

Every rate filing shall be submitted to the Town Clerk, 200 South Greeley Avenue, Chappaqua, New York 10514. Four copies of the filing are required to be submitted. If the operator claims any part of the filing is proprietary, it shall file four additional copies, which shall omit the proprietary information.

C. 

If external costs are included in the rate filing and/or if different rates for classes of customers are proposed, the rate filing is required to show how the rates are consistent with FCC rate regulations. A franchisee shall respond to requests for information from the town by deadlines established by the town.

D. 

If the town finds that the initial rates and/or any subsequent rate increases are within the FCC rate regulation standards, the rates shall be effective 30 days after submission of the rate filing.

E. 

If the town is unable to determine whether the rate at issue is within the FCC's benchmark standards, based on the material submitted by the franchisee, or if the franchisee submitted a cost of service showing, the town may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. The town may take an additional 90 days if it needs more time to ensure that a rate is within the FCC's benchmark rate standards. The town may take an additional 150 days to evaluate a cost-of-service showing. The town shall issue a written decision regarding its invocation of the additional time period and shall so notify the franchisee. If no action is taken within the above-referenced time periods, the proposed rates shall go into effect, subject to subsequent refund orders, if the town later issues a decision disapproving any portion of the proposed rates.

F. 

The Town Board shall issue a written decision on its findings in compliance with the FCC rate regulations. If rates are in excess of the FCC rate regulations, the rates may be reduced by the town pursuant to applicable FCC rate regulations.

G. 

After the initial rate regulation procedures are followed, any franchisee shall, in conjunction with each change in basic service rates and charges, conform to FCC rate regulations.

H. 

Every rate approved or prescribed shall be subject to further reduction and refund, as allowed by FCC rate regulations.

I. 

A franchisee shall be subject to all applicable penalties and forfeitures under the town's franchise and FCC rate regulations.

J. 

A franchisee is required to serve the town with all filings made by the franchisee to the FCC related to the regulation of basic service rates and charges in the town.