§ 5.5-56. Small systems.

Option 1: (a) A small system, as defined in section 5.5-22, may certify that the small system's initial rates for basic service and associated equipment comply with section 5.5-36 hereof. A certification by a small system under this section shall be filed with the city within thirty (30) days of receiving written notification from the city that the city has been certified by the commission to regulate rates for the basic service tier. The certification shall be in writing, shall be signed by the general manager of the system, and shall be verified.

(b)

Such certification shall be subject to verification by the city on its own motion or upon complaint by a subscriber. The city may request additional information from the operator in order to verify the certification. In the event proprietary information is requested by the city, the provisions of section 14 hereof shall control the availability of such information to the public.

(c)

As used in this section, "initial rates" shall mean those rates charged by the small system operator on the date on which the city gives written notice to the cable operator that:

(1)

The city has been certified by the commission to regulate rates for the basic service tier; and

(2)

This article has been adopted by the city.

(d)

If the city determines that the small system's certificate is in error, it shall so notify the small system operator and shall require the small system to comply with all filing requirements for nonsmall systems in this article.

(e)

Subsequent rate filings by a small systems operator shall comply in all respects with the provisions of this article.

Option 2: (a) A small system, as defined in section 5.5-22, may certify that the small system's rates for basic service and associated equipment, and subsequent rate increase, comply with section 5.5-36 hereof. A certification by a small system under this section for its initial rates shall be filed with the city within thirty (30) days of receiving written notification from the city that the city has been certified by the commission to regulate rates for the basic service tier. Certifications for subsequent rate increases shall be filed with the city at the same time that notice is given to the small system's subscribers of the proposed rate increase, in conformance with section 5.5-51 hereof. All certifications shall be in writing, shall be signed by the general manager of the system, and shall be verified.

(b)

Such certification shall be subject to verification by the city on its own motion or upon complaint by a subscriber. The city may request additional information from the operator in order to verify the certification. In the event proprietary information is requested by the city, the provisions of section 5.5-54 hereof shall control the availability of such information to the public.

(c)

If the city determines that the small system's certification is in error, it shall so notify the small system operator and shall require the small system to comply with all filing requirements for nonsmall systems in this article.

(Ord. No. 9317, § 16, 10-11-92)