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. ARTICLE IV. Rates and Subscriber Protection Section 4-1. Rates Generally. A. As a result of the adoption of the Act, the City is prohibited from regulating the Company's rates for any services other than the basic tier cable service. Accordingly this ordinance does not purport to establish rates for such services or to require City approval of changes therein. B. The Company by accepting this renewal franchise agrees that it will not increase its current rates for the basic service tier by more than 5% before December 29, 1986. After that date, the Act permits the City to regulate the Company's rate for the basic service tier only if the Company is not subject to effective competition. The Company contends that it is currently subject to effective competition, as defined in Section 76.33 of the FCC rules implementing the Act. The City reserves its rights to contest the Company's determination that it is subject to effective competition, and upon a final ruling in the City's favor by the FCC or a court of competent jurisdiction, the City may reinstitute regulation of the Company's rates for basic service, but only to the extent permitted by the Act. The parties recognize that the FCC rule defining effective competition is currently the subject of litigation challenging its validity. In • the event such rule is declared invalid by final, nonappealable order of a court having jurisdiction over such matter, or in the event the rule is modified by the FCC, whether voluntarily or pursuant to court order, the City reserves the right to reinstitute such rate regulation as may then be consistent with the Act. Section 4-2. Published Rates. A. The Company shall publish and furnish to any person on request a written schedule of its maximum charges for the following services, as in effect from time to time: 1) Monthly basic tier cable service. 2) Monthly additional tier cable services. 3) Monthly charges for each available premium channel. 4) Converter rentals. 5) Installation of services. 6) Service to pre -wired projects. 7) Additional outlets including those for FM radio service. 8) Transfers of service from one location to another. 9) Reconnections of service. 10) Extensions and relocations of existing service. 11) Repair calls, where the problem is determined not to exist within the cable system. • B. A copy of such current schedule of maximum rates, and of any changes therein made during the franchise period shall be filed by the Company with the City Manager within ten days after -13-