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a) <br /> <br />Rate ~-ders setting actual rates will be issued by the City Council <br />Authority upon majority vote, as further described in 14, 15, 16 and <br />17 below. <br /> <br />b) <br /> <br />If the City is unable to determine whether the current or proposed <br />rates are reasonable under applicable FCC rules, the City Manager or <br />his designee is hereby authorized to issue a brief order explaining <br />that the City needs additional time to review the proposed rates, <br />and toiling the rates currently in effect. This order may also <br />require the franchisee to submit additional information in a <br />supplementary filing. The order may toll the effective date of the <br />rates or any part thereof before making a determination on the <br />r-eaeonableness of the rates for basic service and equipment. <br /> <br />14. The City may currently take up to an additional 90 days to review <br />benchmark-based filings, and up to an additional 120 days to review cost-of- <br />service filings (once FCC rules for same are in e~fect). Changes in the FCC rules <br />may result in changes in these timeliness, which are subject to the current or <br />R~ture FCC rules, affirmations and clarifications. <br /> <br /> a) if the Franchisee fails to submit the required forms and attachments, <br />or requested documents, under FCC rules the 90 or 120 day deadlines are <br />lengthened by the number o~ days that the Franchisee fails to com~ply. <br /> <br />t5. Under Article III, Section 4.e., within ninety (90) days after said <br />(public) hearing (described below), or within any deadline established by FCC <br />rules, the City shall render a written decision on the Franchisee's petition, <br />either accepting~ rejecting, modifying er deferring the same and reciting the <br />basis of its decision. <br /> <br />Under FCC rules, by the expiration of the additional review period or <br />periods1 the City Council will issue a Rate Order~ including but not <br />limited to the following: <br /> a) setting the new rate in w~tole or in part, which shall be subject <br /> to all further applicable reductions or adjustments unde~ FCC <br /> rules~ <br /> b) ordering an accounting be kept of refunds, including interest <br /> due to subscribers who paid the unreasonable charge; <br /> c) tolling the existing rate for an additional period if the City <br /> is unable to determine the reasonableness of the rate based on the <br /> information suomitted. <br /> <br />16. All rate approvals are subject to R~ture FCC revisions to its rules to the <br />full extent allowed by federal or local law. <br /> <br />17. A) Under FCC rules, If the City does not receive all filings and <br />re0uested information in a timely manner, it may set the rates using any <br />reasonable means. <br /> <br /> B) Under Article III, Section 4.f., should the City fail to render a <br />written decision either accepting, rejecting, modifying or deferring the <br />Franchisee's rate ~iling ar petition within ~0 d~ys of the Franchisee's petition <br />or the ~ult extent o~ time allowable under federal law, the Franchisee shall <br />thereafter be entitled to put its proposed rates into effect, if allowed to do <br /> <br /> <br />