§ 26-27. Procedures.  


Latest version.
  • (a)

    Any inquiry, proceeding, investigation or other action to be taken or proposed to be taken by the administrative officer and the governing body in regard to the operations of grantee's cable television system other than as provided in subsection (c) of this section, but including action in regard to a change in subscription rates, shall be taken only after 30 days' public notice of such action or proposed action is published in a local daily or weekly newspaper having general circulation in the city; a copy of such action or proposed action is served directly on the grantee; and the grantee has been given an opportunity to respond in writing and/or at hearing as may be specified by the administrative officer and governing body, and general members of the public have been given an opportunity to respond or comment in writing on the action or proposed action.

    (b)

    The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for response and the persons in authority to whom such response should be addressed, and such other procedures as may be specified by the administrative officer and governing body. If a hearing is to be held, the public notice shall give the date and time of such hearing, whether public participation will be allowed and the procedures by which such participation may be obtained. The grantee is a necessary party to any hearing conducted in regard to its operations.

    (c)

    An informal complaint shall be submitted to the administrative officer and governing body in writing and shall contain the name and address of the complainant, the name of the cable system against which the complaint is made and a complete statement of facts upon which the complaint is based.

    (1)

    Upon receipt of any informal complaint, the administrative officer and governing body will forward a copy to the system complained of or may take the question up by correspondence with the system. Within such time as may be prescribed by the administrative officer and the governing body, the system will be called upon to satisfy the complaint or advise the administrative officer and governing body of its refusal or inability to do so. If the system satisfies the complaint, it shall so notify the administrative officer and the governing body in accordance with the provisions of subsection (c)(2) of this section. The administrative officer and governing body will forward a copy of the system's notice of satisfaction to the complainant. If the system refuses or is unable to satisfy the complaint, it shall so notify the administrative officer and governing body, and the administrative officer and governing body will forward a copy of such notice to the complainant, with a statement of the procedure to be followed to further prosecute the complaint.

    (2)

    If a system satisfies any complaint brought to its attention by the administrative officer and governing body, a statement must be filed with the administrative officer and governing body setting forth when and how the complainant has been satisfied.

    (3)

    When a complaint has not been satisfied pursuant to subsection (c)(2) of this section, the complainant may file a formal complaint with the administrative officer and governing body in the form and manner to be specified thereby. The complaint to the administrative officer and governing body must be filed within six months from the date of the administrative officer's and governing body's statement accompanying a copy of the system's notice of refusal or inability to satisfy the complaint, and the complaint to the administrative officer and governing body must make reference to the date of the complaint filed with the administrative officer and governing body and that it is based on the same facts as the complaint filed with the administrative officer and governing body. If no complaint is filed with the administrative officer and governing body within the six-month period, the complainant will be deemed to have abandoned his complaint, and such complaint will be deemed dismissed.

(Code 1976, § 8-29)