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SAN LEANDRO ADMINISTRATIVE CODE TITLE 2 CITY MANAGER §2.3.115: DETERMINATION OF MAXIMUM INITIAL PERMITTED RATES FOR REGULATED CABLE SERVICES AND ACTUAL COST OF REGULATED EQUIPMENT. (a) Materials to be Submitted by Company to the City Manager. In connection with the submission of a completed FCC Form 393, or such other similar form as may be hereafter utilized by the FCC for the determination of maximum initial permitted rates for regulated cable services and actual cost of regulated equipment, and/or any other materials required by the Cable Act of 1992 and FCC riles and regulations implementing the Cable Act of 1992, the Company shall submit therewith the City Manager information necessary for the Council to ensure that the rates are consistent with the Cable Act of 1992. (b) Scheduling of Review by Council. Upon the submission by Company of a complete sub- mittal, pursuant to §2.3.115(a), the City Manager shall schedule review of Company's re- quest. The City Manager is authorized on behalf of Council to toll the thirty (30) day period pursuant to 47 CFR §76.933. (c) Council's Power to Audit Company. Nothing contained in these Regulations shall abro- gate the Council's powers under any other ordinance or resolution related to the franchising of cable television service, to conduct its own audit of the financial records of the company, or to require such audit to be performed. (d) Comment by Interested Parties. The Council shall hold a public hearing providing for the comment of interested parties on any proposed determination or order of the Council pursu- ant to these regulations, provided that no public hearing shall be required where the pro- posed action before the Council is to receive information and refer to the City Manager for further report, or to toll the review period pursuant to 47 CFR §76.933, and the Council makes no order with regard to the setting of rates, refunds, or the imposition of enforcement sanctions on the Company. &2.3.120: REFUNDS TO CUSTOMERS. All refunds owing by Company to Customers pursuant to 47 CFR §76.942 shall be paid by the Company to Customers by direct payment, credit to the Customer's bill or a prospective percentage reduction in rates pursuant to 47 CFR §76.942(d)(1) or (2) within ninety (90) days from the date of the implementation of a prospective rate reduction pursuant to 47 CFR §76.942(c)(1) or(2). X2.3.125: ENFORCEMENT. (a) Informal Resolution. In the event that the Company shall fail, refuse or neglect to comply fully with the requirements of these Regulations, the City Manager shall, except in instances in which time is of the essence in obtaining the Company's compliance and/or the City Manager determines that such efforts would be futile, attempt informal resolution and recti- fication of the Company's non-compliance by informal meeting and/or telephone confer- ence between the Company and the City Manager. Said informal resolution efforts shall be initiated by the City Manager's general statement of the alleged violations under investiga- Department Responsible for Revision: City Manager Chapter 2.3 11/20/2006 Page 2