HomeMy WebLinkAboutord1983-0721
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INTRODUCED BY: Van Zanten PROPOSED BY: PUBLIC SERVICES
DATE: July 7, 1983
ORDINANCE NO. 83 -72
AN ORDINANCE ESTABLISHING A RATE REVIEW
BOARD FOR THE PURPOSE OF REVIEWING RATES
TO SUBSCRIBERS FOR CABLEVISION SERVICES
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County
Council that:
Section 1. Board Created.
There is hereby established a Whatcom County Rate
Review Board, which shall exercise the powers as spelled out
in this ordinance as well as any other powers which may be
granted to it by the County Council.
Section 2. Purpose.
The purpose of the Board is to review rate changes for
subscribers as may be requested by Cablevision Services
holding franchises from Whatcom County or any of the cities
therein.
Section 3. Authority.
The Board shall have the authority to review the
following rates, fees and charges:
1. Rates for the provision of basic services to
residential subscribers.
2. Rates for the connection, installation and
reinstatement of residential subscribers.
3. Any other rates as may be permitted under
Federal Communication Commission rules.
Section 4. Membership.
(a) The County Council shall appoint four (4) regular
members to the Rate Review Board each for a term of four (4)
years; provided that, the initial Board shall consist of
one member appointed for a one (1) year term, a second
member appointed for a two (2) year term, a third member
appointed for a three (3) year term, and a fourth member
appointed for a four (4) year term, in order to establish an
ORDINANCE - 1
Draft II - July 26, 1983
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annual rotation of one regular member. Board members shall
be residents of Whatcom County at the time of their appoint-
ment, and one member thereof shall be an attorney and a
second member shall be an accountant or professional
financial analyst.
(b) When a rate change is proposed for a service area
which comprises only a portion of the total geographic area
of the County, a fifth, special member who shall have full
voting rights shall be appointed to the Board by the County
Council for the purpose of representing that geographic area
in reviewing the rate under consideration. This special
member shall cease to be a member of the Board upon the
Board's rendering a final decision on the rate change
proposal affecting the geographic area specified.
Section 5. Officers.
The officers of the Rate Review Board shall consist of
a chairman and vice - chairman, who shall perform the
customary duties of their offices and serve for a one year
term. These officers shall be elected anually at the first
Board meeting of each calendar year and shall remain in
office until their successors have been elected.
Section 6. Meetings.
The Board shall hold an organizational meeting in
January of each year to elect officers. Other meetings will
be held as necessary to conduct the business of the Board.
Meetings will be called by the chairman. Meetings shall be
conducted in public. The Board shall adopt its own
procedural rules.
Section 7. Rate Review submitted to the Board.
If within twenty (20) days of receipt of a notice for a
proposed cablevision rate change the County Council decides
to institute the rate review procedure, before the twenty
ORDINANCE - 2
Draft II - July 26, 1983
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(20) days shall have expired the Council shall:
1. notify the Grantee in writing of its
intention to institute the rate review
procedure,
2. submit the proposed rate change(s) to
the Rate Review Board.
The Council submission shall specify the service for which
the rate is proposed, the old or existing rate, the proposed
new rate, the proponent's rationale for the increase, and
shall name a special member, as specified in Section 2 (b),
to participate in the Board's rate review process, if
applicable.
Section 8. Hearings.
The Rate Review Board shall hold at least one public
hearing on any proposed rate change submitted to them. A
rate review hearing shall be scheduled within twenty -five
(25) days of the receipt by the Board of a written
notification from the County Council requiring a proposed
rate change to be reviewed and determined. Notice of the
Board's scheduled public hearing shall be published at least.
five (5) days prior to the date of the public hearing within
a newspaper of general circulation serving the area in which
the rate increase in proposed. Hearings may be recessed or
continued as necessary.
Section 9. Decisions.
(a) In the absence of criteria within a relevant
franchise ordinance defining the scope and basis for review,
any decision of the Board granting or denying a rate
increase request shall be based on the evidence and testi-
mony submitted at public hearing as related to the following
issues:
i) costs to be incurred in the provision of
additional services (including, without
limitation, additional broadcast signal
carriage);
ORDINANCE - 3
Draft II - July 26, 1983
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ii) increased capital and operating costs
(including, without limitation, increased
costs due to inflation);
iii) the need to provide a reasonable rate of
return on the proponent's investment; and
iv) the need to promote equity in rates among
the citizens of Whatcom County.
(b) The burden of proof for justifying any rate
increase request shall lie with the proponent thereof. The
decision of the Board shall contain written findings and
conclusions and shall:
i) grant the rate increase requested
ii) grant a percentage of the increase requested
or
iii) deny the request.
A final decision of the Board shall be rendered within
forty -five (45) days of the date of receipt of notification
from the County Council of the rate review request, unless
an extension is agreed upon by the proponent and the County
Council.
Section 10. Appeals.
Any order of the Board denying all or part of a rate
request increase may be appealed by the proponent to the
County Council within ten (10) days of its issuance;
otherwise, a Board decision shall be f
Section 11. Costs.
The cost of publishing notice for
shall be borne by the proponent of the
members shall receive any compensation
Rate Review Board. Clerical and other
inal.
rate review hearing
request. No Board
for service on the
necessary and
reasonable expenses of the Board shall be compensated by the
County Council.
Section 12. Use by other Jurisdictions.
The Services of the Whatcom County Rate Review Board
may be used by other jurisdictions within the County through
an intergovernmental agreement which shall include the
following provision:
ORDINANCE - 4
Draft II - July 26, 1983
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1 The fifth member, as authorized by Section 4b,
2 shall be appointed by the contracting jurisdic-
tion utilizing the services of the Board; the
3 contracting jurisdiction may add or delete from
the criteria outlined in Section 6; the contracting
4 jurisdiction will be responsible for the costs
incurred for their review; including all back -up
5 resources such as legal advice and representation,
clerical support, etc.; appeal of a decision will
6 be to the contracting jurisdiction.
7 ADOPTED this 18th day of August 1983.
8 WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WAS INGTON
10 `
11 L9 , hairperson
12 ATTEST: (✓f AP ROVED ( ) VETOED
13 d M_ Z
4 Clerk of the yo uncil JOH LOUWS, Executive
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19 Published on August 10, 1983 and August 24, 1983
20 This ordinance becomes effective September 1, 1983
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ORDINANCE - 5
Draft II - July 26, 1983