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HomeMy Public PortalAboutResolution 94-33751 1 1 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 1 1 1