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<br /> <br /> <br /> <br /> <br /> <br /> (d) If CITY is unable to determine, based upon the <br /> material submitted by the cable operator, that the existing <br /> or proposed rates are within the permitted basic service tier <br /> change or actual cost of equipment as defined in Sections 6 <br /> and 7 hereof, or if a cable operator has submitted a cost-of- <br /> service showing pursuant to Sections 8 and 15 hereof, seeking <br /> to justify a rate above the basic service tier charge as <br /> defined in Sections 6 and 7 hereof, CITY may toll the 30-day <br /> deadline in paragraph (a) of this section to request and/or <br /> consider additional information or to consider the comments <br /> from interested parties as follows: <br /> (1) For an additional 90 days in cases not in- <br /> volving cost-of-service showings; or <br /> (2) For an additional 150 days in cases involving <br /> cost-of-service showings. <br /> The order tolling the effective date of the proposed <br /> rate shall explain why CITY could not make the necessary <br /> determination, and it shall also provide the cable operator <br /> an opportunity to cure any deficiencies in its original <br /> filing. During the additional time periods provided in this <br /> paragraph, comments from interested persons may be submitted <br /> in writing, as provided in paragraph (b) of this sectiori, or <br /> orally during at least one City Council meeting duririg the <br /> period of abatement. <br /> (e) If CITY has availed itself of the additional 90 or <br /> 150 days permitted in paragraph (c) of this section, and has <br /> taken no action within these additional time periods, then <br /> the proposed rates will go into effect at the end of the 90- <br /> or 150-day period, or existing rates will remain in effect at <br /> such times, subject to refunds if CITY subsequently issues a <br /> written decision disapproving any portion of such rates. <br /> Provided, however, that in order to order refunds, CITY must <br /> have issued a briet written order to the cable operator by <br /> the end of the 90- or 150-day period permitted in paragraph <br /> (c) of this section directing the operator to keep an accu- <br /> rate account of all amounts received by reason of the rate in <br /> issue and on whose behalf such amounts were paid. <br /> Section 14. Proprietary information. <br /> (a) If CITY has required the cable operator to produce <br /> proprietary information under the provisions of this <br /> ordinance, the cable operator may submit therewith a request <br /> that such information not be made routinely available for <br /> public inspection. A copy of the request shall be attached <br /> to and shall cover all af the materials to which it applies <br /> and all copies of those materials. If feasible, the mater- <br /> ials to which the request applies shall be physically sepa- <br /> rated from any materials to which the request does not apply. <br /> If this is not feasible, the portion of the materials to <br /> which the request applies shall be identitied. <br /> (b) Each such request shall contain a statement of the <br /> reasons for withholding the materials from inspection and of <br /> the facts upon which those reasons are based. If the request <br /> is that the materials be withheld from inspection for a <br /> limited period of time, that period shall be specified. <br /> (c) Casual requests which da not comply with the <br /> requirements of paragraphs (a) and (b) of this section will <br /> not be considered. <br /> <br /> <br /> <br /> <br /> Page 12 <br />