§ 8.5-3. Filing; additional information; burden of proof.

(a)

A cable operator shall submit its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rates in accordance with the Act and the FCC Rules. Except as may be contrary to the Act or the FCC Rules, it shall give notice of its intention to raise its rates and file all supporting documentation at least thirty (30) days before the proposed effective date of the proposed new rates. The cable operator shall include as part of its submission such information as is necessary to show that its schedule of rates or its proposed increase in rates complies with the Act and the FCC Rules. The cable operator shall file twenty (20) copies of the schedule or proposed increase, and all supporting documents and computer diskettes, with the Jefferson Parish Council Clerk.

(1)

Rate justifications shall be pursuant to methodology established, as amended from time-to-time, by the FCC. Franchisee shall state which method, approved by the FCC, franchisee has elected to use and shall demonstrate to the satisfaction of the council that the appropriate information has been provided and that rates proposed are justified.

(2)

All rates shall be calculated on forms prescribed by the Federal Communications Commission or, to the extent not inconsistent with FCC Rules or the Act, forms specified by the Jefferson Parish Council or the delegatee. Data shall be provided on paper as "hard copy" and in computer diskette form. Computer diskettes shall be provided in such of the spread-sheet formate offered by the FCC, including Microsoft DOS and Microsoft Windows as the parish president or his designee shall from time to time specify. Data files on the diskettes shall be named as specified by the FCC. The diskettes shall be labeled to clearly and specifically state their form format, the version of the program on which they are based, and the date of preparation and submission.

(3)

Complete explanations shall be provided as to how the information has been compiled, tabulated and analyzed, with references to applicable FCC orders. If franchisee elects to use "bench-mark" formulas, bench-marks, formulas and complete justification of the use of the basis for these bench-marks shall be provided.

(4)

All rate justifications shall trace the applicable rates from September 1, 1993 through the then present date to and through any proposed changes and shall demonstrate the effect of any and all changes in, or to, channel line-ups and/or tiers and adjustments, revisions and/or clarifications to the calculations specified by the FCC and/or parish orders.

(5)

To the extent not inconsistent with the Communications Act and/or FCC Rules, the Jefferson Parish Council may, by resolution or otherwise, adopt rules and regulations prescribing the information, data and calculations (or supplemental information, data and calculations) which must be included as part of the cable operator's filing of the schedule of rates or a proposed increase.

(b)

In addition to information and data required by rules and regulations of the parish, a cable operator shall provide all information requested by the parish (including the parish president or his designated representative) in connection with the parish's review and regulation of existing rates for the basic cable service tier and associated equipment or a proposed increase in these rates. The parish president (or his designated representative) may establish deadlines for submission of the requested information and the cable operator shall comply with such deadlines. At the request of the parish president or his representative, the cable operator shall designate an individual at the cable operator's local office to serve as a contact liaison.

(c)

A cable operator has the burden of proving, by a preponderance of the evidence, that its schedule of rates for the basic service tier and associated equipment or a proposed increase in such rate complies with this chapter, the Act and the FCC Rules, (and the controlling cases thereunder) and is justified.

(d)

If franchisee holds one (1) or more franchises with entities other than the parish, (whether those franchises shall be for areas within the parish, contiguous with the parish or elsewhere), franchisee shall fully explain the accounting procedures utilized to segregate identifiable costs related to the franchise it holds from the parish with all other costs, whether related to other franchises on the parish or other parishes (or counties). Franchisee shall also demonstrate the methodology for allocating "overhead" and expenses, if any, of parent corporations or entities allocated or charged to franchisee which franchisee proposes to include in its rate justification.

(e)

Franchisee shall have the burden of proving, by a preponderance of the evidence, that no personnel, equipment or charged are improperly charged as costs of its franchise.

(f)

As part of each rate justification and/or notification, an officer of the franchisee shall sign under oath a prescribed statement to the effect that he certifies under the penalty of perjury that all factors required by the FCC and/or the parish to be considered in rates have been included; that all past and present costs included in the rates are verifiable with records on file at the franchisee's principal place of business in the parish; that there is a correct factual basis for all future projections; that all materials are accurate, complete and correct; and, that there is no misstatement of fact or material fact related to rates and/or channel tiering not stated in the request. The person certifying shall also attest under oath that the franchise is in full compliance with the FCC rules and the Act.

(Ord. No. 19487, § 1, 9-13-95)