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<br /> <br /> <br /> <br /> <br /> <br /> Section 18. Reduction of Rates; Prescription of Rates. <br /> <br /> (a) CITY may order a cable operator to implement a <br /> prospective reduction in basic service tier or associated <br /> equipment rate where necessary to bring rates into compliance <br /> with the standards set forth in Sections 6 and 7 hereof. <br /> (b) CITY may prescribe a reasonable rate for the basic <br /> service tier or associated equipment after it determines that <br /> a proposed rate is unreasonable. <br /> <br /> Section 19. Refunds. <br /> <br /> (a) CITY may order a cable operator to refund to <br /> subscribers that portion of previously paid rates determined <br /> by CITY to be in excess of the permitted tier charge or above <br /> the actual cost of equipment, unless the operator has submit- <br /> ted a cost-of-service showing which justifies the rate <br /> charged as reasonable. Before ordering a cable operator to <br /> refund previously paid rates to subscribers, CITY shall give <br /> the operator notice and opportunity to comment. The opera- <br /> tor's opportunity to comment upon the proposed refunds may be <br /> at any meeting of the City Council during the City's period <br /> of review of the operator's rates. If CITY has extended its <br /> review period under Section 13, and has issued an accounting <br /> order under Section 13(e), then the operator, prior to <br /> refunds being ordered, may request an opportunity to appear <br /> before the City Council to camment upon the proposed retunds. <br /> (b) An operator's liability for retunds is limited to a <br /> one-year period, except that an operator that fails to comply <br /> with a valid order issued by CITY shall be liable for refunds <br /> commencing from the effective date of such order until such <br /> time as it complies with such order. <br /> (c) The refund period shall run as follows: <br /> (1) From the date the operator implements a <br /> prospective rate reduction back in time to September 1, <br /> 1993, or one year, whichever is shorter. <br /> (2) From the date CITY issues an accounting order <br /> pursuant to Section 13(d) hereof, and ending on the date <br /> the operator implements a prospective rate reduction <br /> ordered by CITY or one year, whichever is shorter. <br /> (d) The cable operator, in its discretion, may imple- <br /> ment a refund in the following manner: <br /> <br /> (1) By returning overcharges to those subscribers <br /> who actually paid the overcharges, either through direct <br /> payment or as a specifically identified credit to those <br /> subscribers' bills; or <br /> (2) By means of a prospective percentage reduction <br /> in the rates for the basic service tier or associated <br /> equipment to cover the cumulative overcharge. This <br /> shall be reflected as a specifically identified, onetime <br /> credit on prospective bills to the class of subscribers <br /> that currently subscribe to the cable system. <br /> (e) Refunds shall include interest computed at applic- <br /> able rates published by the Internal Revenue Service for tax <br /> refunds and additional tax payments. <br /> <br /> <br /> <br /> <br /> <br /> Page 15 <br />