HomeMy WebLinkAboutCHAPTER 91A CHAPTER 91A. CABLE TELEVISION SERVICES AND RATES
Updated 2014 91A-1
CHAPTER 91A. CABLE TELEVISION SERVICES AND RATES
91A.01. Policy and Purpose. The purpose of this ordinance is to authorize the City of
Rochester to invoke and implement each and every authority provided to it by the Cable
Communications Policy Act of 1984 as amended by the Cable Television Consumer
Protection and Competition Act of 1992.
91A.02. Definitions. Unless the language or context clearly indicates that a different
meaning is intended, the following terms shall have, for purposes of chapter 91A, the following
meanings:
A. "Basic Cable Service" means any cable service tier which includes the
retransmission of local television broadcast signals.
B. "Cable Customer Service Standards" means those administrative rules adopted
by the Federal Communications Commission or the ordinance adopted by the
City regulating the manner in which a cable company conducts its business
within the City.
C. "Effective Competition" means that:
(1) fewer than thirty percent of the households in the City subscribe to the cable
service system of a cable system;
(2) the franchise area is:
(a) served by at least two unaffiliated mulichannel video
programming distributors each of which offers comparable
video programming to at least fifty percent of the
households in the franchise area; and
(b) the number of households subscribing to programming
services offered by multichannel video programming
distibutors other than the largest multichannel video
programming distributor exceeds fifteen percent of the
households in the franchise area; or,
(3) a multichannel video programming distributor operated by the
franchising authority for that franchise area offers video
programming to at least fifty percent of the households in
that franchise area.
CHAPTER 91A. CABLE TELEVISION SERVICES AND RATES
Updated 2014 91A-2
91A.03 Implementation of Cable Act. The City of Rochester is authorized to
implement each and every authority provided to it by the Cable Communications Policy Act of
1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992.
91A.04. Authority to Adopt Customer Service Standards. Subdivision 1. The City may
establish cable customer service standards which are deemed to be in the public interests.
The City may adopt and incorporate by reference, in whole or in part, any customer services
standards or other rules issued by the Federal Communications Commission and set forth in
47 C.F.R. §76.309 (c). The City may adopt other standards not provided by the Federal
Communications Commission. Such other standards shall be enacted by ordinance following
a public hearing so as to allow the public to comment regarding the issue.
Subd. 2. The City may adopt any penalties deemed to be appropriate in the
enforcement of its cable customer service standards.
91A.05. Customer Service Standards. Subdivision 1. The customer service
standards established by the Federal Communications Commission and set forth in 47 C.F.R.
§76.309 (c) are hereby adopted and will be enforced by the City of Rochester.
Subd. 2. (Reserved for future use.)
91A.06. Enforcement of Customer Service Standards. Subdivision 1.
(Reserved for future use.)
91A.07. Rate Regulation. Subdivision 1. The City shall apply for and receive
certification from the Federal Communications Commission to regulate the basic cable service
of the existing cable television system so long as effective competition does not exist within
the City. The City hereby incorporates and adopts by reference those rules or standards
issued by the Federal Communications Commission governing the regulation of the basic
service tier.
Subd. 2. In conducting rate regulation, the City shall afford a reasonable opportunity to
the public to comment and present views on the issue of basic cable service rates.
(2893, 9/21/93)