The commission may recommend and the council may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances:
(1) A portion of the previously paid rates have been determined to be in excess of the permitted basic cable service tier charge or above the actual cost of equipment, as determined pursuant to FCC rate regulations; or
(2) The cable operator has failed to comply with a valid rate order issued by the council. (Ord. 834 § 5, 1994).