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Certain of Grantee's Actual rates for equipment rental and installation <br />services are tess than the Maximum Permitted rates approved in <br />Paragraph C of this Section and are reasonable under FCC regulations, <br />and these rates, as listed in Paragraph D of Section 1 of this Ordinance <br />are, therefore, approved. <br /> <br />Certain of Grantee's Actual rates for equipment rental and installation <br />services exceed the Maximum Permitted rates approved in Paragraph C <br />of this Section and are, therefore, unreasonable as determined by FCC <br />regulations, and these rates, as listed in Paragraph E of Section 1 of this <br />Ordinance are, therefore, disapproved. <br /> <br />Grantee is ordered to immediately reduce the Actual equipment rental <br />and installation service rates that exceed the Maximum Permit"ced rates <br />approved in Paragraph C of this Section to rates that are no more than <br />the Maximum Permitted rates. <br /> <br />Go <br /> <br />Grantee is ordered to make all refunds to subscribers required by law <br />for rates charged in excess of the Maximum Permitted rates approved in <br />Paragraph C of this Section since August 1, 1995, including interest, <br />within sixty (60)'days of the effective date of this Ordinance. Grantee <br />shall notify the City when the refunds are made, and itemize the <br />calculation, form and extent of the refunds. <br /> <br /> Section 3. The City reserves the right to reconsider this Ordinance for the sole <br />purpose of further reducing rates should new information arise which was not disclosed by <br />the Grantee or modifications to FCC rules and regulations so provide and permit. This <br />Ordinance shall not be construed as an approval of any pending request or proposal for a <br />rate increase pursuant to FCC Form 1210, 1205, 1240 or otherwise. <br /> <br /> Section 4. k is found and determined that all formal actions of this Council <br />concerning and relating to the adoption of this Ordinance were adopted in an open meeting <br />of this Council, and that all deliberations of this Council and any of its committees that <br />resulted in such formal actions were in meetings open to the public, in compliance with all <br />legal requirements, including Section 121.22 of the Ohio Revised Code. <br /> <br /> Section 5. The Clerk of Council is hereby directed to cause publication of this <br />Ordinance to be made to the citizens of the City and immediately upon its adoption shall <br />serve a certified copy of the Ordinance by certified mail upon the Grantee. <br /> <br /> Section 6. This ordinance is hereby declared to be an emergency measure for the <br />purposes of reducing certain rates for cable television subscribers in the City as soon possible <br />and provided it receives the affirmative vote of two-thirds of all members elected to Council, <br />it shall take effect and be in force immediately upon its adoption and approval by the Mayor; <br />otherwise, it shall take effect and be in force afl:er the earliest period allowed by law. <br /> <br />Adopted.' <br /> <br />President <br /> <br />Clerk <br /> <br />(~umyor <br /> <br /> <br />