§ 8AA-61.01. Rate regulation.

[(1)

Jurisdiction. ]

(a)

Dade County has jurisdiction to regulate rates in (1) the unincorporated areas of Miami-Dade County, and (2) the incorporated areas of Miami-Dade County, provided that Miami-Dade County shall have no jurisdiction to regulate rates in any municipality while that municipality is certified by the FCC to regulate rates, except where Miami-Dade County and the municipality have been certified by the FCC to regulate rates jointly. At any particular time a cable operator in a single FCC community unit shall be subject to rate regulation only by either (1) the County, (2) the municipality, or (3) the County and municipality jointly regulating rates.

(b)

This section shall not be construed to create a private cause of action.

(2)

Compliance with F.C.C. regulations. In regulating any rates as allowed by Federal law, Miami-Dade County shall be governed by and shall comply with all controlling F.C.C. regulations and Federal Statutes.

(3)

Reserved.

(4)

Reserved.

(5)

Reserved.

(6)

Delegation to County Manager. Subject to appeals to the County Commission, the County Manager is delegated the authority to conduct all proceedings, and issue any final or interim orders provided for in this section.

(7)

Appeals. Any decision of the County Manager may be appealed to the County Commission pursuant to the provisions of Section 8AA-76, Miami-Dade County Code. The filing of an appeal of any interim, non-final determination shall not stay the information-gathering proceedings or form a basis for the licensee to refuse to disclose information.

(8)

Further regulations. Nothing herein shall be construed to limit the right of Miami-Dade County to modify, amend, or add to these regulations in order to comply with applicable law or to protect the interests of licensees or subscribers.

(Ord. No. 93-120, § 1, 11-3-93; Ord. No. 95-212, § 1, 12-5-95; Ord. No. 01-44, § 1, 3-20-01)