022-94-Ordinance-Amending Ordinance 020-94 Cable TV Rate Regulations-11/07/19941 'S'F-CRETAFA,
CITY OF SANGER, TEXAS 1IAL Copy
ORDINANCE NO. #022-94
AN ORDINANCE AMENDING MODEL CABLE TV RATE REGULATION
ORDINANCE, AMENDING ORDINANCE #020-94, PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE.
SECTION 6. Rates for the basic service tier.
(7) Commission cable television system regulatory fees imposed
pursuant to 47 U.S.C. § 159.
SECTION 8. Cost accounting and cost allocation requirements.
(7) Commission cable television system regulatory fees imposed
pursuant to 47 U.S.C. § 159 shall be directly assigned to the
basic service tier.
SECTION 13. City review of basic cable rates and equipment costs.
(h) Notwithstanding the foregoing, a cable operator may increase its
rates for basic service to reflect the imposition of, or increase in,
franchise fees or Commission cable television system regulatory
fees imposed pursuant to 47 U.S.C. § 159, upon 30 days' notice
to subscribers and the City. For the purposes of paragraphs (a) -
(e) of this Section, the increased rate attributable to Commission
regulatory fees or franchise fees shall be treated as an "existing
rate," subject to subsequent review and refund if the City
determines that the increase in basic tier rates exceeds the
increase in regulatory fees or in franchise fees allocable to the
basic tier. A cable operator must adjust its rates to reflect
decreases in franchise fees or Commission regulatory fees within
the periods set forth in Section 6 (d) (3) (i), (iii).
(i) Cable television system regulatory fees assessed by the
Commission pursuant to 47 U.S.C. § 159 shall be recovered in
monthly installments during the fiscal year following the
fiscal year for which the payment was imposed. Payments shall
be collected in equal monthly installments, except that for so
many months as may be necessary to avoid fractional payments,
an additional $0.01 payment per month may be collected. All
such additional payments shall be collected in the last month or
months of the fiscal year, so that once collections of such
payments begin there shall be no month remaining in the year in
which the operator is not entitled to such an additional payment.
Ordinance #022-94
Amending Cable/ 11/7/94
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Operators may not assess interest. Operators may provide notice
of the entire fiscal year's regulatory fee pass -through in a single
notice.
SECTION 14.
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance are
severable and, if any phrase, clause, sentence, paragraph, or section of this
Ordinance shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, and
sections of this Ordinance, since the same would have been enacted by the
City Council without the incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 15.
This Ordinance will take effect immediately from and after its passage
and the publication of the caption as the law in such cases provides.
PASSED AND APPROVED this 7th day of November , 1994, by the City
Council of the City of Sanger, Texas.
APPROVED:
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Nel Armstrong, Mayo
ATTEST:
Rosalie Chavez, City Secre y
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