<div class="chunk-title">Sec. 20-111. - Rate filing and review of rates by franchising authority.</div>
<div class="chunk-content">
            <p class="p0">
               The county shall follow the FCC rate regulations in its regulation of the basic service
               rates and charges of Time Warner Cable and/or any other franchisee hereafter operating
               in the county, notwithstanding any different or inconsistent provisions in any cable
               franchise.
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  A franchisee that is notified that its basic service and equipment rates are subject
                  to rate regulation shall file, within 30 days of notification, a submission (hereinafter
                  the "rate filing") as required by FCC rate regulations. The franchisee's rates effected
                  by such notice shall not be subject to increase except with the prior approval of
                  the county or as provided by FCC rate regulations.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Every rate filing shall be submitted to the County Manager, Cabarrus County, 65 Church
                  Street SE, P.O. Box 707, Concord, NC 28026-0707 and to the county's rate consultant,
                  Centralina Council of Governments, P. O. Box 35008, Charlotte, NC 28235. Four copies
                  of the filing are required to be submitted to each. If the operator claims any part
                  of the filing is proprietary, it shall file four additional copies, which shall omit
                  the proprietary information.
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  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 county or its rate consultant by deadlines established by the county.
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  If the county 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.
                  
               </p>
               		
               
               <p class="incr1">
                  (5)
                  
               </p>
               		
               <p class="content2">
                  If the county 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 county 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 county 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
                  county may take an additional 150 days to evaluate a cost-of-service showing. The
                  county or its rate consultant 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 county later issues a decision disapproving
                  any portion of the proposed rates.
                  
               </p>
               		
               
               <p class="incr1">
                  (6)
                  
               </p>
               		
               <p class="content2">
                  The board of county commissioners 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 county pursuant to applicable FCC rate regulations.
                  
               </p>
               		
               
               <p class="incr1">
                  (7)
                  
               </p>
               		
               <p class="content2">
                  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.
                  
               </p>
               		
               
               <p class="incr1">
                  (8)
                  
               </p>
               		
               <p class="content2">
                  Every rate approved or prescribed shall be subject to further reduction and refund,
                  as allowed by FCC rate regulations.
                  
               </p>
               		
               
               <p class="incr1">
                  (9)
                  
               </p>
               		
               <p class="content2">
                  A franchisee shall be subject to all applicable penalties and forfeitures under the
                  county's franchise and FCC rate regulations; and
                  
               </p>
               		
               
               <p class="incr1">
                  (10)
                  
               </p>
               		
               <p class="content2">
                  A franchisee is required to serve the county and its rate consultant with all filings
                  made by the franchisee to the FCC related to the regulation of basic service rates
                  and charges in the county.
                  
               </p>
               		
               
            
            <p class="historynote0">
               (Ord. No. 1998-15, Â§ 1, 10-19-98)
               
            </p></div>