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17.01.137. Rates

            (1)        The Grantor reserves the right to regulate rates for the provision of Basic Cable and equipment as expressly permitted by applicable law.

            (2)        Grantee shall provide the Grantor with a minimum of thirty (30) days advance written notice of changes in Subscriber rates, if the change is within the control of the Grantee, including any changes in franchise fee amounts and external Franchise related costs.

            (3)        The Grantee shall file with the City on December 31 of each year a full schedule of all Subscribers and user rates and all other charges including, but not limited to, pay TV, lease channel, and discrete services, made in connection with the Cable Communications System.

                        (a)        All rates shall be published on file with the City.

                        (b)        The Grantee shall not discriminate in the assessment, levy, charge, imposition, or collection of rates on the basis of age, race, creed, color, religion, national origin, sex, or marital status.

            (4)        Nothing in this Chapter shall be construed to prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting Subscribers or users.

            (5)        The Grantee may require all Subscribers to pay for basic service not more than one (1) month in advance.  The Grantee shall require no other advancement of payment for basic service, provided, however, that nothing herein shall be construed to prohibit an advancement of payment for installation of Cable Communications Services or charges other than those for basic service.

            (6)        In the event that a Subscriber fails to pay as properly due and owing a fee or charge, the Grantee may disconnect the Subscriber's service outlet, upon giving ten (10) days written notice thereof.

            (7)        The Grantee shall establish and conform to the following policy regarding refunds to Subscribers and users:

                        (a)        If the Grantee collects a deposit or advance charge on any service or equipment requested by a Subscriber or user, the Grantee shall provide such service or equipment within thirty (30) days of the collection of the deposit or charge or it shall refund such deposit or charge within fifteen (15) days of the request for refund thereafter.

                                    (i)         Nothing in this Section shall be construed to relieve the Grantee of any responsibility to Subscribers or users under any contractual agreements into which it enters with them.

                                    (ii)        Nothing in this Section shall be construed as limiting the Grantee's liability for fines or penalties which may be imposed under this Chapter or of any agreement awarded in accordance herewith for violation or breach of any of their provisions.

                                    (iii)       Nothing in this Section shall be construed to limit the Grantee's liability for damages because of its failure to provide the service for which the deposit or charge was made.

                        (b)        In the event that a Subscriber terminates basic service prior to the end of a pre-paid period, upon request, the pro-rata portion of any pre-paid Subscriber fee which represents payment for services which are no longer to be rendered shall be refunded promptly, but in no case more than thirty (30) days after receipt of the request for refund and the return of all of the customer equipment provided to the Subscriber by the Grantee.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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