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<br />. ' <br /> <br />SECTION 10. <br /> <br />. . <br /> <br />, ,) <br /> <br />1.---- <br /> <br />REGULATION <br /> <br />10.1 Franchise Regulation. The franchise granted under <br />Ordinance No. NS-1628 shall be subject to regulation by Grantor <br />in accordance with the provisions of Charter Sections 1300 et <br />~ and Ordinance No. NS-1461. Grantor may, at its sole -- <br />option, enter into joint regulatory agreements with other <br />grantors in adjacent jurisdictions served by the same cable <br />system. <br /> <br />10.2 Rate Regulation. Grantor may consider any or all <br />of the following factors in determining whether to approve, <br />modify or disapprove Grantee's requests for rate increases <br />during the term of the franchise: <br /> <br />( a) <br /> <br />(b) <br /> <br />(c) <br /> <br />(d) <br /> <br />(e) <br /> <br />Grantee's substantial fulfillment of all <br />material requirements of the franchise. <br /> <br />Quality of service, as indicated by the <br />number and type of service complaints, <br />Grantee's response to complaints, and the <br />results of periodic system performance tests. <br /> <br />Prevailing rates for comparable services <br />in other cable systems of similar size and <br />complexity. <br /> <br />Rate of return on Grantee's financial in- <br />vestment and equity, as compared to busi- <br />nesses of equivalent risk. The rate of <br />return shall be calculated on a cumulative <br />basis for all system revenues and costs in- <br />cluding services such as pay-television that <br />may be exempt from local rate regulation. <br />Grantor shall have the right to request from <br />Grantee all information as shall be reasonably <br />necessary to determine system reven~es and <br />costs. ' <br /> <br />Performance of Grantee in introducing new ser- <br />vices and expanding the cable system's capa- <br />bility, as compared to other systems of similar <br />size and complexity. <br /> <br />10.3 Change in Rates. Increases in rates for basic <br />service shall be requested no more often than annually by <br />Grantee. Upon receipt of a rate increase request, Grantor or <br />its designee shall schedule a public hearing prior to arriving <br />at a decision. Grantor may request relevant financial and <br /> <br />-33- <br />