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SAN LEANDRO ADMINIJ 1 DATIVE CODE <br />TITLE 347 2 CABLE TIELEWSION CITYMANAGER <br />Chapter -13 Basic Cable Television Service Tier -Rate Regulations <br />cause, any remaining portions shall be deemed severed therefrom and thereupon remain in full <br />force and effect thereafter. <br />4314-.2.3.115: DETERMINATION OF MAXIMUM INITIAL PERMITTED RATES FOR <br />REGULATED CABLE SERVICES AND ACTUAL COST OF REGULATED <br />EQUIPMENT. <br />(a) Materials to be Submitted by Company to the City Manager. In connection with the <br />submission of a completed FCC Form 393, or such other similar form as may be hereafter <br />utilized by the FCC for the determination of maximum initial permitted rates for <br />regulated cable services and actual cost of regulated equipment, and/or any other <br />materials required by the Cable Act of 1992 and FCC rules and regulations implementing <br />the Cable Act of 1992, the Company shall submit therewith the City Manager <br />information necessary for the Council to ensure that the rates are consistent with the <br />Cable Act of 1992. <br />(b) Scheduling of Review by Council. Upon the submission by Company of a complete <br />submittal, pursuant to Section 31.1.115(a), the City Manager shall schedule review of <br />Company's request. The City Manager is authorized on behalf of Council to toll the <br />thirty (30) day period pursuant to 47 CFR §76.933. <br />(c) Council's Power to Audit Company. Nothing contained in these Regulations shall <br />abrogate the Council's powers under any other ordinance or resolution related to the <br />franchising of cable television service, to conduct its own audit of the financial records of <br />the company, or to require such audit to be performed. <br />(d) Comment by Interested Parties. The Council shall hold a public hearing providing for <br />the comment of interested parties on any proposed determination or order of the Council <br />pursuant to these regulations, provided that no public hearing shall be required where the <br />proposed action before the Council is to receive information and refer to the City <br />Manager for further report, or to toll the review period pursuant to 47 CFR §76.933, and <br />the Council makes no order with regard to the setting of rates, refunds, or the imposition <br />of enforcement sanctions on the Company. <br />$314-.2.3.120: REFUNDS TO CUSTOMERS. All refunds owing by Company to Customers <br />pursuant to 47 CFR §76.942 shall be paid by the Company to Customers by direct payment, <br />credit to the Customer's bill or a prospective percentage reduction in rates pursuant to 47 CRF ' <br />76.942(d)(1) or (2) within ninety (90) days from the date of the implementation of a prospective <br />rate reduction pursuant to 47 CFR §76.942(c)(1) or (2). <br />Department Responsible for Revision: City Manager Chapter 2.3 <br />2006 Page 2 <br />