Loading...
RES-8416 Ordering Refunds and Setting Rates for Basic Cable Television ServiceRESOLUTION NO. 8416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ORDERING REFUNDS AND SETTING RATES FOR BASIC CABLE TELEVISION SERVICE IN ACCORDANCE WITH FEDERAL COMMUNICATIONS COMMISSION FORM 1200. WHEREAS, The city of Orange (the "city") was certified by the Federal communications commission (the "Commission") to regulate the basic service tier and associated equipment on October 14, 1993; and WHEREAS, the City provided written notice of said certification to Cablevision of Orange (the "Operator") on December 14, 1993; and WHEREAS, the City has adopted rules and procedures with respect to the regulation of the basic service tier and associated equipment which are consistent with the regulations prescribed by the Commission; and WHEREAS, on August 23, 1994, the City council adopted Resolution No. 8379 ordering refunds and setting rates for the basic service tier and related equipment in accordance with the Commission's Form 393; and WHEREAS, on May 15, 1994, the Commission ordered a second basic service tier rate reduction, through a series of rate regulations which are calculated by completion of the Commission's Form 1200; and WHEREAS, effective July 15, 1994, the operator adjusted its rates for the basic service tier and related equipment in accordance with its Form 1200 calculations; and WHEREAS, the Operator filed Form 1200 with the city on July 25, 1994, for review by the City's consultant; and WHEREAS, on, the city issued an order pursuant to section 76.933(b) of the rules and regulations of the Commission stating that it was unable to determine based upon the materials submitted by the Operator that the existing or proposed rates were within the Commission's permitted basic service tier charge or actual cost of equipment and that the City was tolling the thirty-day deadline found in section 76.933(a) of the Commis-sion's rules and regulations for the purpose of requesting and/ or considering additional information or to consider the comments from interested parties for an additional ninety days; and WHEREAS, on October 25 1994, the City issued an accounting order pursuant to section 76.933(c) of the Commission's rules and regulations requiring the Operator to keep an accurate account of all amounts received by the Operator by reason of the rates and charges for the basic service tier and associated equipment in effect from July 15, 1994, as found in the FCC Form 1200, and keep full and accurate records indicating on whose behalf such amounts were paid: and WHEREAS, the Operator has been provided with a copy of the Consultant's report and a copy of the report is on file with the City for public viewing: and WHEREAS, the City has given proper notice of this hearing pursuant to Section 76.935 of the Commission's rules and regulations, and Government Code section 6066: and WHEREAS, the City has provided a reasonable opportunity for the consideration of the views of interested parties: and NOW THEREFORE, BE IT RESOLVED by the City Council of the city of Orange as follows: section 1. That the rate charged from July 15, 1994, to the present for the basic service tier, as identified on the FCC Form 1200 dated July 25, 1994, is unreasonable within the meaning of section 76.941 in that the rate does not comply with 47 U.S.C. Section 543 and Sections 76.922 and 76.923 of the Commission's rules and regulations for the reasons and grounds as contained in the Consultant's report, all of which are incorporated into this Resolution by reference as if fully stated herein. Section 2. That the Operator is hereby ordered to reduce the rates for the basic service tier to $10.49, as adjusted for allowable inflation, which has been in effect from July 15, 1994, to the present. The City hereby approves rates for the basic service tier and related equipment as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. Due to incomplete information supplied by the Operator, the City can neither approve or disapprove other rates proposed by the Operator which is hereby ordered to supply such information per previous requests by the City's Consultant. Any applicable limitation period is tolled pending the Operator's furnishing of complete information. section 4. That the Operator is hereby directed and ordered to refund to subscribers for any accounts collected since July 15, 1994, in excess of the rates prescribed herein, as well as interest thereon, in a manner consistent with section 76.942 of the Commission's rules and regulations within thirty (30) days of the date of this Resolution and to provide the city with written evidence of compliance within sixty (60) days of adoption of this Resolution. Section s. That should the Operator appeal the city's rate determination to the Commission, the City Council does grant an automatic stay of the execution of this refund ordered. Such stay does not constitute a change in the effective date or imple- mentation date of this Resolution, nor does it constitute an endorsement of the rates in effect from July 15, 1994, to the present. 2- Reso No. 8416 section 6. That the city Clerk is hereby directed to post a copy of this Resolution in such place or places as city notices are normally posted and to make copies of this written decision available to the public at the office of the City Clerk during normal business hours. ADOPTED this 13th day of December, 1994. 1 ATTEST: the 1? 1AJ?-,jJ,~_ Q. ~City Clerk fof thVcit4f of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the city Council of the city of Orange at a regular meeting thereof held on the 13th of December, 1994, by the following vote:AYES:NOES: ABSENT: COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE 1?1Ah1~~~ CityClerk 0 he it~of Orange DAD:dg 3-Reso No.8416 EXHIBIT "A" Cablevision Of Orange Rates Prescribed Pursuant to FCC Form, 1200 Description of Service Cablevision's Current Rate City's Prescribed Rate Variance Basic Service Tier Converter Remote 10.91 1.78 0.17 10.49 1.78 0.17 0.42) 0.00) 0.00)