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WHEREAS, the County shall regulate the Basic Service Rates and Charges <br />of Vision-C-abte-C-ommurfieations-Time Warner Cable and any other Franchisee <br />hereafter operating in the County and shall do so in accordance with the FCC Rate <br />Regulations notwithstanding any different or inconsistent provisions in the Franchise; <br /> <br /> NOW, THEREFORE, BE IT ORDERED BY THE COUNTY OF <br />CABARRUS, NORTH CAROLINA, AS FOLLOWS: <br /> <br /> SECTION 1. Rate Filing and Review of Rates by Franchising Authority. <br />The County shall follow the FCC Rate Regulations in its regulation of the Basic <br />Service Rates and Charges of ¥ision-C-abte-Gommurdeat. ions~Time Warner Cable <br />and/or any other Franchisee hereafter operating in the County, notwithstanding any <br />different or inconsistent provisions in any cable franchise. <br /> <br /> A. A Franchisee that is notified that its basic service and equipment rates are <br />subject to rate regulation shall file, within thirty (30) days of notification, a submission <br />(hereinafter the "Rate Filing") as required by FCC Rate Regulations. The Franchisee's <br />rates effected by such notice shall not be subject to increase except with the prior <br />approval of the County or as provided by FCC Rate Regulations. <br /> <br /> B. Every Rate Filing shall be submitted to Mr. Jc,~.n x?.~t~crspcc, n, the County <br />Manager, Cabarrus County, 65 Church Street SE, P.O. Box 707, Concord, NC <br />28026-0707: and to the coun .ty's rate consultant, Centralina Council of Governments, <br />P. O. Box 35008, Charlotte, NC 28235. Four copies of the filing are required to be <br />submitted: to each. If the operator claims any part of the filing is proprietary, it shall <br />file four (4) additional copies, which shall omit the proprietary information. <br /> <br /> C. If external costs are included in the Rate Filing and/or if different rates for <br />classes of customers are proposed, the Rate Filing is required to show how the rates <br />are consistent with FCC Rate Regulations. A Franchisee shall respond to requests for <br />information from the County or its rate consultant by deadlines established by the <br />County. <br /> <br /> D. If the County finds that the initial rates and/or any subsequent rate <br />increases are within the FCC Rate Regulation standards, the rates shall be effective <br />thirty (30) days after submission of the Rate Filing. <br /> <br /> E. tithe County is unable to determine whether the rate at issue is within the <br />FCC's benchmark standards, based on the material submitted by the Franchisee, or if <br />the Franchisee submitted a cost of service showing, the County may take an additional <br />period of time to make a final determination and toll the effective date of the proposed <br />rates for a commensurate period. The County may take an additional ninety (90) days <br />if it needs more time to ensure that a rate is within the FCC's benchmark rate <br /> <br /> <br />