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<br /> <br /> <br /> <br /> <br /> <br /> they are in compliance with the requirements of 47 U.S.C. § <br /> 543. Rates that are demonstrated, in accordance with this <br /> ordinance, not to exceed the "Initial Permitted Per Channel <br /> Charge" or the "Subsequent Permitted Per Channel Charge" as <br /> described below, or the equipment charges as specified in <br /> Section 7, will be accepted as in compliance. The maximum <br /> monthly charge per subscriber for the basic service tier <br /> offered by a cable operator shall consist of a permitted per <br /> channel charge multiplied by the number of channels on the <br /> tier, plus a charge for franchise fees. The maximum monthly <br /> charges for the basic service tier shall not include any <br /> charges for equipment and installations. Charges for equip- <br /> ment and installations are to be calculated separately <br /> pursuant to Section 7 of this ordinance. <br /> (b) Initial Permitted Yer Channel Charge. <br /> (1) For purposes of this section, the initial date <br /> of regulation for the basic service tier shall be the <br /> date on which CITY gives written notice to the cable <br /> operator that (1) CITY has been certified by the FCC to <br /> regulate rates for the basic service tier and (2) this <br /> ordinance has been adopted by CtTY. <br /> (2) For purposes of this section, rates "in effect <br /> on the initial date of regulation" or "in effect on <br /> September 30, 1992," shall be the rates charged to <br /> subscribers tor service received on that respective <br /> date. <br /> (3) The permitted per channel charge on the <br /> initial date of regulation shall be, at the election of <br /> the cable operator, either: <br /> (A) A charge determined pursuant to a cost- <br /> of-service proceeding; or <br /> <br /> (B) The charge specified in subparagraphs <br /> (i), (ii), or (iii) of this paragraph as applic- <br /> able; <br /> (i) If the operator's per channel charge <br /> for the basic service tier and equipment in <br /> effect on the date of initial regulation is <br /> equal to or below the benchmark per channel <br /> charge, as adjusted forward for inflation from <br /> September 30, 1992, to the date of initial <br /> regulation, then the permitted per channel <br /> charge shall be the per channel charge in <br /> effect on the date of initial regulation, <br /> adjusted for equipment. <br /> (ii) If (1) the operator's per channel <br /> charge for the basic service tier and equip- <br /> ment in effect on the date of initial regula- <br /> tion is above the benchmark per channel <br /> charge, as adjusted forward for inflation from <br /> September 30, 1992, until the initial date of <br /> regulation, and (2) the operator's per channel <br /> charge tor the basic service tier and equip- <br /> ment in effect on September 30, 1992, was <br /> above the benchmark per channel charge, then <br /> the permitted per channel charge is nine- <br /> tenths (9/10) of the per channel charge in <br /> effect on September 30, 1992, but no lower <br /> than the benchmark per channel charge, <br /> additionally adjusted for inflation from <br /> September 30, 1992, to the initial date of <br /> Page 4 <br />