HomeMy Public PortalAboutResolution 94-33751
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RESOLUTION NO. 94 -3375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, PURSUANT TO SECTIONS 76.936 OF THE RULES AND
REGULATIONS OF THE FEDERAL COMMUNICATIONS
COMMISSION APPROVING RATES AND CHARGES FOR THE BASIC
SERVICE TIER AND ASSOCIATED EQUIPMENT CHARGED FROM
SEPTEMBER 1, 1993 TO JULY 14, 1994
WHEREAS, the City of Temple City (the "City ") has been certified by the Federal
Communications Commission (the "Commission ") to regulate the Basic Service Tier, and associated
equipment, which certification was effective on November 12, 1993; and
WHEREAS, the City has provided written notice of said certification to Crown Cable TV (the
"Operator ") on December 9, 1993; and
WHEREAS, the City has adopted regulations with respect to the Basic Service Tier and
associated equipment that are consistent with the regulations prescribed by the Commission; and
WHEREAS, the City has adopted procedural laws and regulations applicable to rate regulation
proceedings which provide a reasonable opportunity for consideration of the views of interested parties;
and
WHEREAS, the City has delivered a written request to the Operator to file its schedule of rates
for the Basic Service Tier and associated equipment with the City on December 9, 1993; and
WHEREAS, the Operator has filed FCC Form 393 with the City on January 6, 1994; and
WHEREAS, on January 19, 1994, the City notified Crown Cable pursuant to Section 76.933(b)
of the Rules and Regulations of the Federal Communications Commission stating that it was unable to
determine based upon the materials submitted by the Operator 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 Commission'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, the City has reviewed all relevant information including, but not limited to, the FCC
Form 393 dated January 6, 1994, the reports and memorandums of Communications Support Group, the
Staff Report and other relevant written evidence; and
WHEREAS, the City has given proper notice of this hearing pursuant to Section 76.935 of the
Rules and Regulations of the Federal Communications Commission; and
WHEREAS, the City has provided a reasonable opportunity for consideration of the views of
interested parties; and
WHEREAS, the City has considered the views of interested parties as expressed at this public
hearing; as continued from time to time; and
WHEREAS, the City has now made a final decision upon the appropriateness, or lack thereof,
of the existing and/or proposed rates and charges for the Basic Service Tier and associated equipment as
identified on the FCC Form 393 dated January 6, 1994.
Resolution No. 94 -3375
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The existing and proposed rates and charges for the Basic Service Tier and
associated equipment as identified in the FCC Form 393 dated January 6, 1994 are hereby approved in
whole for the reasons, and on the grounds, as contained in the Staff Report dated October 4, 1994, of
which is incorporated into this Resolution by reference as if fully stated herein.
SECTION 2. This Resolution constitutes a written decision approving an initial rate within the
meaning of Section 76.936 of the Rules and Regulations of the Commission.
SECTION 3. 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 working hours.
APPROVED AND ADOPTED this 4th day of October, 1994.
A'1°1'EST:
ity ' ierk:
1 hr ereby certify that the foregoing Resolution, Resolution No. 94 -3375, was adopted by the City
Council of the City of Temple City at a regular meeting held on the 4th day of October, 1994 by the
following vote:
AYES: Councilmember - Souder, Wilson, Breazeal, Budds
NOES: Councilmember -None
ABSENT: Councilmember- Gillanders
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