HomeMy WebLinkAbout3008 Ordinance^
First Readily/ cle.,./991-- Second Reading s/ 5L
CITY OF PASCO
ORDINANCE NO s_50c$
CITY OF KENNEWICK
ORDINANCE NO 3519
CITY OF RICHLAND
ORDINANCE NO 19 - 94
AN ORDINANCE PRESCRIBING REGULATIONS FOR RATES CHARGED
TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER,
PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR
PUBLICATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Federal Communications Commission ("FCC") has issued rules pursuant to the
Cable Television Consumer Protection and Competition Act Pub L No 102-385 (1992) ("1992
Cable Act"), implementing the regulation of cable television subscriber rates, and
WHEREAS, these rules allocate the regulation of rates for the basic service tier and associated
equipment rates to local franchising authorities and require local authorities to become certified
and adopt their own regulations governing the process of rate regulation, and
WHEREAS, the Cities of Pasco, Kennewick, and Richland franchise cable television service for
the benefit of its citizens, and
WHEREAS, the Cities of Pasco, Kennewick, and Richland have agreed to jointly regulate rates
to basic tier cable rates in accord with an interlocal cooperation agreement as authorized by
Federal law, and
WHEREAS, the Cities have submitted their application for certification to the FCC and it is
expedient to adopt the required regulations now, in order to implement regulations at the earliest
possible date to obtain the most competitive rates for the Cities' cable ratepayers, NOW,
THEREFORE,
THE CITY COUNCILS OF THE CITIES OF PASCO, KENNEWICK, AND RICHLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1 Definitions In this ordinance
(1) "Basic Cable Rates" means the monthly charges for a subscription to the basic
service tier and the associated equipment
(2) "Basic Service Tier" means a separately available service tier to which
subscription is required for access to any other tier of service, including as a minimum, but not
ORDINANCE 3519 - Page 1
limited to, all must-carry signals, all PEG channels, and all domestic television signals other
than superstations
(3) "Benchmark" means a per channel rate of charge for cable service and associated
equipment which the FCC has determined is reasonable
(4) "Cable Act of 1992" means the Cable Television Consumer Protection and
Competition Act of 1992
(5) "Cable Operator" means any person or group of persons
(A) who provide cable service over a cable system and directly, or through
one or more affiliates, owns a significant interest in such a cable system,
or
(B) who otherwise controls or is responsible for, through any arrangement,
the management and operation of such a cable system
(6) "Commission" means the Mid-Columbia Cable Rate and Advisory Commission
established in accord with interlocal agreement to perform the duties and functions set out in this
ordinance
(7) "Cable Channel" or "Channel" means a portion of the electromagnetic frequency
spectrum which is used in a cable system and which is capable of delivering a television channel
(as television channel is defined by the FCC by regulation)
(8) "Cost of Service Showing" means a filing in which the cable operator attempts
to show that the benchmark rate or the Price Cap is not sufficient to allow the cable operator
to fully recover the costs of providing the basic service tier and to continue to attract capital
(9)
"FCC" means the Federal Communications Commission
(10) "Initial Basic Cable Rates" means the rates that the cable operator is charging for
the basic service tier, including charges for associated equipment, at the time the City notifies
the cable operator of the City's qualification and intent to regulate basic cable rates
(11) "Must-Carry Signal" means the signal required to be carried by a Cable Operater
in accord with 47 U S C §§ 534 & 535
(12) "PEG Channel" means the channel capacity designated for public, educational,
or governmental use, and facilities and equipment for the use of that channel capacity
(13) "Price Cap" means the ceiling set by the FCC on future increases in basic cable
rates regulated by the City, based on a formula using the GNP fixed weight price index,
reflecting general increases in the cost of doing business and changes in overall inflation
ORDINANCE 3519 - Page 2
(14) "Reasonable Rate Standard" means a per channel rate that is at, or below, the
benchmark or Price Cap level
(15) "Superstation" means any non-local broadcast signal secondarily transmitted by
satellite
Section 2 Initial Review of Basic Cable Rates
(a) Notice Upon the adoption of this ordinance and the certification of the Cities by
the FCC, all cable operators shall be immediately notified by certified mail, return receipt
requested, that the Cities intend to regulate subscriber rates charged for the basic service tier and
associated equipment as authorized by the Cable Act of 1992
(b) Cable operator response Within 30 days of receiving notice a cable operator
shall file with the Commission, its current rates for the basic service tier and associated
equipment and any supporting material concermng the reasonableness of its rates
(c) Expedited determination and public hearing
(1) If the Commission is able to expeditiously determine that the cable
operator's rates for the basic service tier and associated equipment are
within the FCC's reasonable rate standard, as determined by the applicable
benchmark, the Commission shall
(A) hold a public hearing at which interested persons may express their
views, and
(B) act to approve the rates within 30 days from the date the cable
operator filed its basic cable rates with the Commission
(2) If the Commission takes no action within 30 days from the date the cable
operator filed its basic cable rates with the Commission, the proposed
rates will continue in effect
(d) Extended review period
(1) If the Commission is unable to determine whether the rates in issue are
within the FCC's reasonable rate standard based on the material before it,
or if the cable operator submits a cost-of-service showing, the
Commission shall, within 30 days from the date the cable operator filed
its basic cable rates with the Commission and by adoption of a formal
resolution, invoke the following additional periods of time, as applicable,
to make a final determination
(A) 90 days if the Commission needs more time to ensure that a rate
is within the FCC's reasonable rate standard, or
ORDINANCE 3519 - Page 3
(B) 150 days if the cable operator has submitted a cost-of-service
showing seeking to justify a rate above the applicable benchmark
(2) If the Commission has not made a decision within the 90 or 150 day
period, the Commission shall issue a brief written order at the end of the
period requesting the cable operator to keep accurate account of all
amounts received by reason of the proposed rate and on whose behalf the
amounts are paid
(e) Public hearing During the extended review period and before taking action on
the proposed rate, the Commission shall hold at least one public hearing at which interested
persons may express their views and record objections
(f) Objections An interested person who wishes to make an objection to the
proposed initial basic rate may request the City Clerk to record the objection during the public
hearing or may submit the objection in writing anytime before the decision resolution is adopted
In order for an objection to be made part of the record, the objector must provide the City Clerk
with the objector's name and address
(g) Benchmark analysis If a cable operator submits its current basic cable rate
schedule as being in compliance with the FCC's reasonable rate standard, the Commission shall
review the rates using the benchmark analysis in accordance with the standard form authorized
by the FCC Based on the Commission's findings, the initial basic cable rates shall be
established as follows
(1) If the current basic cable rates are below the benchmark, those rates shall
become the initial basic cable rates and the cable operator's rates will be
capped at that level
(2) If the current basic cable rates exceed the benchmark, the rates shall be
the greater of the cable operator's per channel rate on September 30,
1992, reduced by 10 percent, or the applicable benchmark, adjusted for
inflation and any change in the number of channels occurring between
September 30, 1992 and the initial date of regulation
(3) If the current basic cable rates exceed the benchmark, but the cable
operator's per channel rate was below the benchmark on September 30,
1992, the initial basic cable rate shall be the benchmark, adjusted for
inflation
(h) Cost-of-service showings If a cable operator does not wish to reduce the rates
to the permitted level, the cable operator shall have the opportunity to submit a cost-of-service
showing in an attempt to justify a initial basic cable rates above the FCC's reasonable rate
standard The Commission will review a cost-of-service submission pursuant to FCC standards
for cost-of-service review The Commission may approve imtial basic cable rates above the
benchmark if the cable operator makes the necessary showing, however, a cost-of-service
ORDINANCE 3519 - Page 4
determination resulting in rates below the benchmark or below the cable operator's September
30, 1992, rates minus 10 percent, will prescribe the cable operator's new rates
(i) Decision
(1) By formal resolution After completion of its review of the cable
operator's proposed rates, the Commission shall adopt its decision by
formal resolution The decision shall include one of the following
(A) If the proposal is within the FCC's reasonable rate standard or is
justified by a cost-of-service analysis, the Commission shall
approve the initial basic cable rates proposed by the cable
operator, or
(B) If the proposal is not within the FCC's reasonable rate standard
and the cost-of-service analysis, if any, does not justify the
proposed rates, the Commission shall establish initial basic cable
rates that are within the FCC's reasonable rate standard or that are
justified by a cost-of-service analysis
(2) Rollbacks and refunds If the Commission determines that the initial basic
cable rates as submitted exceed the reasonable rate standard or that the
cable operator's cost-of-service showing justifies lower rates, the
Commission may order the rates reduced in accordance with Paragraph (g)
or (h) above, as applicable In addition, the Commission may order the
cable operator to pay to subscribers, refunds of the excessive portion of
the rates with interest (computed at applicable rates published by the
Internal Revenue Service for tax refunds and additional tax payments),
retroactive to September 1, 1993 The method for paying any refund and
the interest rate will be in accordance with FCC regulations as directed in
the Commission's decision resolution
(3) Statement of reasons for decision and public notice If rates proposed by
a cable operator are disapproved in whole or in part, or if there were
objections made by other parties to the proposed rates, the resolution must
state the reasons for the decision and the Commission must give public
notice of its decision Public notice will be given by advertisement once
in the official newspaper of the Cities
(l) Appeal The Commission's decision concerning rates for the basic service tier
or associated equipment, may be appealed to the FCC in accordance with applicable federal
regulations
Section 3 Review of Request for Increase in Basic Cable Rates
(a) Notice A cable operator in the Cities who wishes to increase the rates for the
basic service tier or associated equipment shall file a request with the Commission and notify
ORDINANCE 3519 - Page 5
all subscribers at least 30 days before the cable operator desires the increase to take effect This
notice may not be given more often than annually and not until at least one year after the
determination of the initial basic cable rates unless necessitated by Federal Law or Regulation
or an exceptional showing of need
(b) Expedited determination and public hearing
(1) If the Commission is able to expeditiously determine that the cable
operators rate increase request for basic cable service is within the FCC's
reasonable rate standard, as determined by the applicable Price Cap, the
Commission shall
(A) hold a public hearing at which interested persons may express their
views, and
(B) act to approve the rate increase within 30 days from the date the
cable operator filed its request with the Commission
(2) If the Commission takes no action within 30 days from the date the cable
operator filed its request with the Commission, the proposed rates will go
into effect
(c) Extended review period
(1) If the Commission is unable to determine whether the rate increase is
within the FCC's reasonable rate standard based on the material before it,
or if the cable operator submits a cost-of-service showing, the
Commission shall, by adoption of a formal resolution, invoke the
following additional periods of time, as applicable, to make a final
determination
(A) 90 days if the Commission needs more time to ensure that the
requested increase is within the FCC's reasonable rate standard as
determined by the applicable Price Cap, and
(B) 150 days if the cable operator has submitted a cost-of-service
showing seeking to justify a rate increase above the applicable
Price Cap
(2) The proposed rate increase is tolled during the extended review period
(3) If the Commission has not made a decision within the 90 or 150 day
period, the Commission shall issue a brief written order at the end of the
period requesting the cable operator to keep accurate account of all
amounts received by reason of the proposed rate increase and on whose
behalf the amounts are paid
ORDINANCE 3519 - Page 6
(d) Public hearing During the extended review period and before taking action on
the requested rate increase, the Commission shall hold at least one public hearing at which
interested persons may express their views and record objections
(e) Objections An interested person who wishes to make an objection to the
proposed rate increase may request the City Clerk to record the objection during the public
hearing or may submit the objection in writing anytime before the decision resolution is adopted
In order for an objection to be made part of the record, the objector must provide the City
Clerk, with the objector's name and address
(0 Delayed determination If the Commission is unable to make a final determination
concerning a requested rate increase within the extended time period, the cable operator may put
the increase into effect, subject to subsequent refund if the Commission later issues a decision
disapproving any portion of the increase
(g) Price Cap analysis If a cable operator presents its request for a rate increase as
being in compliance with the FCC's Price Cap, the Commission shall review the rate using the
Price Cap analysis in accordance with the standard form authorized by the FCC Based on the
Commission's findings, the basic cable rates shall be established as follows
(1) If the proposed basic cable rate increase is within the Price Cap
established by the FCC, the proposed rates shall become the new basic
cable rates
(2) If the proposed basic cable rate increase exceeds the Price Cap established
by the FCC, the Commission shall disapprove the proposed rate increase
and order an increase that is in compliance with the Price Cap
(h) Cost-of-service showings If a cable operator submits a cost-of-service showing
in an attempt to justify a rate increase above the Price Cap, the Commission will review the
submission pursuant to the FCC standards for cost-of-service review The Commission may
approve a rate increase above the Price Cap if the cable operator makes the necessary showing,
however, a cost-of-service determination resulting in a rate below the Price Cap or below the
cable operators then current rate will prescribe the cable operator's new rate
(1) Decision The Commission's decision concerning the requested rate increase,
shall be adopted by formal resolution If a rate increase proposed by a cable operator is
disapproved in whole or in part, or if objections were made by other parties to the proposed rate
increase, the resolution must state the reasons for the decision Objections may be made at the
public hearing by a person requesting the City Clerk to record the objection or may be submitted
in writing at anytime before the decision resolution is adopted
(j) Refunds
(1) The Commission may order refunds of subscribers' rate payments with
interest if
ORDINANCE 3519 - Page 7
(A) the Commission was unable to make a decision within the extended
time period as described in Paragraph (c) above, and
(B) the cable operator implemented the rate increase at the end of the
extended review period, and '
(C) the Commission determines that the rate increase as submitted
exceeds the applicable Price Cap or that the cable operator failed
to justify the rate increase by a cost-of-service showing, and the
Commission disapproves any portion of the rate increase
(2) The method for paying any refund and the interest rate will be in
accordance with FCC regulations as directed in the Commission's decision
resolution
(k) Appeal The Commission's decision concerning rates for the basic service tier
or associated equipment, may be appealed to the FCC in accordance with applicable federal
regulations
Section 4 Cable Operator Information
(a) Commission may require
(1) In those cases when the cable operator has submitted imtial rates or
proposed an increase that exceeds the reasonable rate standard, the
Commission may require the cable operator to produce information in
addition to that submitted, including proprietary information, if needed to
make a rate determination In these cases, a cable operator may request
the information be kept confidential in accordance with this section
(2) In cases where initial or proposed rates comply with the reasonable rate
standard, the Commission may request additional information only in
order to document that the cable operator's rates are in accord with the
standard
(b) Request for Confidentiality
(1) A cable operator submitting information to the Commission may request
in writing that the information not be made routinely available for public
inspection A copy of the request shall be attached to and cover all of the
information and all copies of the information to which it applies
(2) If feasible, the information to which the request applies shall be physically
separated from any information to which the request does not apply If
this is not feasible, the portion of the information to which the request
applies shall be identified
ORDINANCE 3519 - Page 8
(3) Each request shall contain a statement of the reasons for withholding
inspection and a statement of the facts upon which those reasons are
based
(4) Casual requests which do not comply with the requirements of this
subsection, shall not be considered
(c) Commission action Requests which comply with the requirements of Subsection
(b), will be acted upon by the Commission The Commission will grant the request if the cable
operator presents by a preponderance of the evidence, a case for nondisclosure consistent with
applicable federal regulations If the request is granted, the ruling will be placed in a public file
in lieu of the information withheld from public inspection If the request does not present a case
for nondisclosure and the Commission denies the request, the Commission shall take one of the
following actions
(1) If the information has been submitted voluntarily without any direction
from the Commission, the cable operator may request that the
Commission return the information without considering it Ordinarily, the
Commission will comply with this request Only in the unusual instance
that the public interest so requires, will the information be made available
for public inspection
(2) If the information was required to be submitted by the Commission, the
information will be made available for public inspection
(d) Appeal If the Commission denies the request for confidentiality, the cable
operator may seek review of that decision from the FCC within five working days of the
Commission's decision, and the release of the information will be stayed pending review
Section 5 Automatic Rate Adjustments
(a) Annual inflation adjustment in accordance with FCC regulations, the cable
operator may adjust its capped base per channel rate for the basic service tier annually by the
final GNP-PI index
(b) Other external costs
(1) The FCC regulations also allow the cable operator to increase its rate for
the basic service tier automatically to reflect certain external cost factors
to the extent that the increase in cost of those factors exceeds the GNP-PI
These factors include retransmission consent fees, programming costs,
state and local taxes applicable to the provision of cable television service,
and costs of franchise requirements The total cost of an increase in a
franchise fee may be automatically added to the base per channel rate,
without regard to its relation to the GNP-PI
ORDINANCE 3519 - Page 9
712 ig,
Attest
M A PRICE, City Clerk
f.,--B--SH-OWATER,MayorPro Tern
JAMES R. BEAVER
ORDINANCE NO 3519 filed and
recorded in the office of the
City Clerk of the City of Kenne-
ORDINANCE 3519 - Page 10
(2) For all categories of external costs other than retransmission consent and
franchise fees, the starting date for measuring changes in external costs
for which the basic service per channel rate may be adjusted will be the
date on which the basic service tier becomes subject to regulation or
February 28, 1994, whichever occurs first The permitted per channel
charge may not be adjusted for costs of retransmission consent fees or
changes in those fees incurred before October 6, 1994
(c) Notification and review The cable operator shall notify the Commission at least
30 days in advance of a rate increase based on automatic adjustment items The Commission
shall review the increase to determine whether the item or items qualify as automatic
adjustments If the Commission makes no objection within 30 days of receiving notice of the
increase, the increase may go into effect
Section 6 Enforcement
(a) Refunds The Commission may order the cable operator to refund to subscribers
a portion of previously paid rates under the following circumstances
(1) A portion of the previously paid rates have been determined to be in
excess of the permitted tier charge or above the actual cost of equipment,
or
(2) The cable operator has failed to comply with a valid rate order issued by
the Commission
(b) Fines If the cable operator fails to comply with a rate decision or refund order,
the cable operator shall be subject to a fine of $500 for each day the cable operator fails to
comply
Section 7 Separability The provisions of this ordinance are separable, and the invalidity of
any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance
Section 8 This ordinance shall be in full force and effect 30 days from and after its passage,
approval and publication as required by law
PASSED BY THE CITY COUNCIL OF THE CITY OF KENNEWICK, WASHINGTON, this
5th day of April , 1994, and signed in authentication of its passage this 5th day of
April , 1994
EFELICE, Mayor
S D HANSEN, Mayor
Approved as to Form
THOMAS 0 LAMPSO
Richland City Attorney
eripc/E_.2X
cAp roved as to Form
wick, Washington this 6th day
of April , 1994
WILLIkM L CAMERON
Kennewick City Attorney
DATE OF PUBLICATION 44- ,Z
M A PRICE, City Clerk
PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, this
day of iify- , 1994, and signed in authentication of its passage this ti day of
4aril , 1994
Attest
ity Attorney
F PUBLICATION IT11- /-
CATHERINE D S AMAN, Deputy City Clerk
Approved as to Form
I a ilbil 11Pii nwk 4.*_. 1 :
G' : ST Wr it'
Pas
A RU
DAT
ORDINANCE NO 3_0,zefi1ed and
recorded in the office of the
City Clerk of the City of Pasco
Was ington this day of
1994
.-Aitro - — - ATHERINE D EAMAN
Deputy City Clerk
PASSED BY THE CITY COUNCIL OF THE CITY OF RICHLAND, WASHINGTON, this
18th day of April , 1994, and signed in authentication of its passage this 19 th day of
April , 1994
Attest
DATE OF PUBLICATION April 21, 1994
ORDINANCE 3519 - Page 11
ORDINANCE NO 19-9 Oiled and
recorded in the office of the
City Clerk of the City of Rich-
land, Washington this 19th day
of April , 1994
Aettitg-Gity-Glerk---
Summary of City of Pasco Ordinance No. 3008
On April 4, 1994, the Pasco City Council adopted Ordinance No 3008 bearing
the following title
AN ORDINANCE PRESCRIBING REGULATIONS FOR RATES
CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE
BASIC SERVICE TIER, PROVIDING A SEPARABILITY
CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING
AN EFFECTIVE DATE
Ordinances in substance the same as City of Pasco Ordinance No 3008 are to
be passed by the cities of Kennewick and Richland, Washington for the
purpose of enabling the cities of Pasco, Kennewick and Richland, Washington
to jointly regulate the rates charged to cable television subscribers for the basic
service tier
The City of Pasco Ordinance No 3008 contains the following sections
Section 1. Definitions. This section defines such terms as "basic cable rates",
"basic service tier" and other terms used throughout the Ordinance
Section 2. Initial Review of Basic Cable Rates. This section sets forth the
procedural requirements and standards for review of basic cable rates by the
commission with representatives from Pasco, Kennewick and Richland,
established for the purpose of regulating rates for basic tier service
Section 3. Review of Request For Increase In Basic Cable Rates. This section
sets forth the procedural requirements and standards for reviewing a request
by a cable operator to increase the rates for basic tier service
Section 4. Cable Operator Information This section sets forth additional
procedural requirements as well as substantive authority of the commission
Section 5. Automatic Rate Adjustments. This section permits annual
adjustment for inflation in the rates charged by a cable operator for basic tier
service
Section 6. Enforcement. This section sets forth the substantive authority of
the commission to order refunds of rates paid to a cable operator and the
authority for the imposition of fines for non-compliance
II
WPM, I - ....- Cathenne D Seaman
Deputy City Clerk
Section 7. Separability. This section provides that the provisions of the
Ordinance are separable, and the invalidity of any phrase, clause or part of the
Ordinance shall not affect the validity or effectiveness of the remainder of the
Ordinance
Section 8. This section specifies that the Ordinance shall be in full force and
effect thirty days from and after its passage, approval and publication
The full text of City of Pasco Ordinance No 3008 will be mailed upon request
to the City Clerk
Dated this day of April, 1994
Summary of Ordinance No. 3008 - Page 2 of 2
< TRANSACTION REPORT >
04-14-1994 (THU) 07 11
E -r R ,n, NI s NI I -1- 3
NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT
3207 4-14 07 09 15095821453 4 0°01 42 NORM E OK
4 0 01 42
HHI I II H HHHoo 1111111111 1 1 1 1 1 11 1 11
Thank you,
FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403
P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301
Apnl 14, 1994
Tn-City Herald
P 0 Box 2608
Pasco, Wa 99302
Dear Kathy
Please publish the attached Summary of Ordinance(s) No 3008 on the
following date
Apnl 17, 1994
Please send two (2) Affidavits of Publication for each
Catherine D Seaman
Deputy City Clerk
545-3402
cds
* No attachments or maps included
DATE 04/ 19/94 LEGAL NO 40: 841
ACCOUNT NO 50550
I
604 SUMMARY OF CITY OF P
INR%i
P 0 BOX 2608
PASCO WASHINGTON 99302 2608
PHONE (509) 582 1500 DESCRIPTION
ISM& A0(17E07110E5(0
INVOICE TIMES 001 INCHES .00
SOLD TO PASCO, CITY OF LEGALS
F.O. BOX 297, 3 o o
PASCO WA .39701 $ oT
IXIOTOCE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
AFF8DAY117 OF PUBEESDAY1100
LEGALS
Summary of City of
Pasco Ordinance
No 3008
On April 4 1994 the Pasco
City Council adopted Ordi
nance No 3008 beanng
the following title
AN ORDINANCE PRE
SCRIBING REG
ULATIONS FOR RATES
CHARGED TO CABLE
TELEVISION SUB
SCRIBERS FOR THE BA-
SIC SERVICE TIER PRO-
VIDING A SEPARABILITY
CLAUSE PROVIDING
FOR PUBLICATION AND
PROVIDING AN EFFEC-
TIVE DATE
Ordinances in substance
the same as City of Pasco
Ordinance f\t'o 3008 are to
be passed by the cities of
Kennewick and Richland
Washington for the pur-
pose of enabling the cities
of Pasco Kennewick and
Richland Washington to
jointly regulate the rates
charged to cable television
subscribers for the basic
service tier
The City of Pasco Ordt
nance No 3008 contains
the following sections
Section 1 Definitions
This section defines such
terms as basic cable
rates basic service tier'
and other terms used
throughout the Ordinance
Section 2 initial Review
of Basic Cable Rates
This section sets forth the
procedural requirements
and stardards ter review of
basic cable rates by the
commisston with represen-
tatives from Pasco Ken
newick and Richland es-
tablished for the Durpose of
regulating rates for basic
tier service
Section 3 Review of Re-
quest For Increase In Ba-
sic Cable Rates This sec-
tion sets forth the
procedural requirements
and standards for review
ing a request by a cable
operator to increase the
rates for basic tier service
Section 4 Cable Opei-
ator Information This
section sets forth additional
procedural requirements as
well as substantive author
ity of the commission
Section 5 Automatic
Rate Adjustments This
section permits annual ad-
justment for inflation in the
rates charged by a cable
operator for basic tier ser
vice
Section 6 Enforcement
This section sets forth the
substantive authority of the
commission to order re-
funds of rates paid to a
cable operator and the au-
thority for the imposition of
fines for non compliance
Section 7 Separability
This section provides that
the provisions of the °reit
nance are separable and
the invalidity of any phrase
clause or part of the Ordu
nance shall not affect the
validity or effectiveness of
the remainder of the Ordi
nance
Section 8 This section
specifies that the Ordi
nance shall be in full force
and effect thirty days from
and after its passage ap
provel and publication
The full' text of City of
Pasco Ordinance No 3008
will be mailed upon request
to the City Clerk
Dated this 4 day, of April
1994
-s- Catherine D —Seaman
Deputy City Clerk
#684 - 4/17/94
COUNTY OF BENTON
SS
STATE OF WASHINGTON
CARLA ALFORD , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a 624 SUMMARY OF CITY OF P as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, 1 time(s),
commencing on 04 /17 /914 , and ending on
04/17/94 , and that said newspaper was regulary
distributed to its subscribers during all of this period
C-tigrE
APR n 1994
NANCE DEPT
(1,411A, Plinza(
SUBSCRIBED AND SWORN BEFORE ME THIS Z-2,
DAY OF A-p)u_t, , 111-1-
Note Wok in and for the State of Wash-
ington, residing at F ASCO WA
COMMISSION EXPIRES 7—