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<br /> <br /> <br /> <br /> <br /> <br /> (d) Upon receipt of a request in compliance with <br /> paragraphs (a) and (b), CITY will not grant routine public <br /> access to the materials. A letter to that effect will be <br /> placed in a public file in lieu of the materials withheld <br /> from public inspection. <br /> (e) Provided, however, if a written request for the <br /> materials is received by CITY pursuant to the Open Records <br /> Act, Chapter 552, Texas Government Code, CITY will notify the <br /> person providing the materials of the request for the mater- <br /> ials. If the person providing the materials requests CITY to <br /> do so, C1TY will request an opinion from the Attorney <br /> General, pursuant to the Open Records Act, regarding the <br /> public availability of the materials. If the person provid- <br /> ing the materials does not request CITY to request an opinion <br /> from the Attorney General, CITY may, at its option, either <br /> request such an opinion or provide the materials to the <br /> public. <br /> (f) If the Attorney General issues an opinion or letter <br /> ruling requiring CITY to make the materials available to the <br /> public, the materials will be made available for public <br /> inspection. <br /> (g) If no request for confidentially is submitted, CITY <br /> assumes no obligation to consider the need for nondisclosure. <br /> <br /> Section 15. Burden of proof. <br /> <br /> (a) A cable operator has the burden of proving that its <br /> existing or proposed rates for basic service and associated <br /> equipment comply with 47 U.S.C. § 543, and Sections 6 and 7 <br /> hereof. <br /> (b) For an existing or a proposed rate for basic <br /> service tier or associated equipment that is within the <br /> permitted tier charge and actual cost of equipment as set <br /> forth in Sections 6 and 7, the cable operator must submit the <br /> appropriate FCC form to CITY. <br /> (c) For an existing or a proposed rate for basic <br /> service tier that exceeds the permitted tier charge as set <br /> forth in Section 6 and 7 hereof, the cable operator must <br /> submit to CITY a cost-of-service showing to justify the <br /> proposeci rates. The cost-of-service showing must be in <br /> conformance with Accounting and Cost Allocation Requirements <br /> as adopted and amended by the FCC for cable system operators. <br /> <br /> Section 16. Small systems. <br /> Option l. <br /> <br /> (a) A small system, as defined in Section 2, may <br /> certify that the small system's initial rates for basic <br /> service and associated equipment comply with Section 6 <br /> hereof. A certification by a small system under this Section <br /> shall be filed with CITY within 30 days of receiving written <br /> notification from CITY that CITY has been certified hy the <br /> FCC to regulate rates for the basic service tier. The <br /> certification shall be in writing, shall be signed by the <br /> General Manager of the system, and shall be verified. <br /> (b) Such certification shall be subject to verification <br /> by CITY on its own motion or upon complaint by a subscriber. <br /> CITY may request additional information from the operator in <br /> order to verify the certification. In the event proprietary <br /> <br /> <br /> Page 13 <br />