HomeMy Public PortalAboutResolution 95-34491
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RESOLUTION NO. 95 -3449
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, PURSUANT TO SECTIONS 76.936, 76.940, 76.941
AND 76.942 OF THE RULES AND REGULATIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION DISAPPROVING CENCOM
CABLE TELEVISION'S RETROACTIVE IMPLEMENTATION OF
RATES FOR THE PERIOD FROM SEPTEMBER 30, 1994 TO
JANUARY 10, 1995 AND ORDERING REFUNDS
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 Television
DBA Cencom Cable Television (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; and
WHEREAS, the Operator has filed with the City an FCC Form 1200 on October 4, 1994 and FCC
Forms 1205 and 1210 on August 29, 1994; and
WHEREAS, on September 6, 1994 and October 13, 1994, the City issued orders 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 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
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, on October 13, 1994, the City issued an accounting order pursuant to Section
76.933(c) of the Rules and Regulations of the Commission 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 to July 14, 1995 as found in the FCC Form
1200 dated October 4, 1994 and the FCC Form 1205 dated August 29, 1994 and to keep full and accurate
records indicating on whose behalf such amounts were paid; and
WHEREAS, the City has reviewed all relevant information including, but not limited to, the FCC
Form 1200 received on October 4, 1994, the FCC Forms 1205 and 1210 received August 29, 1994, the
Report of the City's cable television consultant, 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 Government Code Section 6066;
and
Resolution No. 95 -3449
Page 2
WHEREAS, the City has provided a reasonable opportunity for the 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 Operator has been provided with correspondence from the City dated February
6, 1995 which contained concerns related to the reasonableness of Crown's rate adjustment effective on
January 10, 1995; and
WHEREAS, the City has now made a final decision upon the appropriateness, or lack thereof, of
the retroactive charges for the Basic Service Tier in effect from September 30, 1994 to January 10, 1995
as identified in subscriber bills relative to the FCC Forms 1205 and 1210 received August 29, 1994.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Temple City hereby fmds and determines that the
retroactive charges for the Basic Service Tier for the period between September 30, 1994 and January 10,
1995 as identified in subscriber bills relative to the FCC Forms 1205 and 1210 received August 29, 1994
were unreasonable within the meaning of Section 76.941 in that said rates and charges do not comply with
47 U.S.C. Section 453 and Sections 76.922 and 76.923 of the Rules and Regulations of the Commission for
the reasons and grounds as contained in the Consultant's reports and correspondence between the City
and Crown, all of which are incorporated into this Resolution by reference as if fully stated herein.
SECTION 2. The Operator has been ordered to reduce and modify the rates and charges for the
Basic Service Tier equipment as outlined in Resolution No. 95 -34XX for the period between September
30, 1994 and July 14, 1995 and order refunds for overcharges during that period.
SECTION 3. The Operator is hereby directed and ordered to refund to subscribers for any
amounts collected from September 30, 1994 to January 10, 1995 in excess of the permitted basic service
rates (as detailed in Exhibit "A ") in a manner consistent with Section 76.942 (d) of the Rules and
Regulations of the Commission 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 4. The Operator is hereby directed and ordered to provide a Refund Plan ("Refund
Plan") to the City within fifteen (15) days of the date of this hearing, pursuant to which it proposes to
refund to subscribers retroactive charges collected by the Operator for the period between September 30,
1994 and January 10, 1995, along with such written evidence and documentation demonstrating the
reasonableness and appropriateness of said Refund Plan under the standards set forth in Section 76.942
of the Rules and Regulations of the Commission.
SECTION 5. Should the Operator appeal this rate determination of the City Council of the City
of Temple City to the FCC pursuant to Section 76.944 of the Rules and Regulations of the Commission,
the City Council does grant an automatic stay of the execution of the refund ordered thereunder. Such
stay does not constitute a change in the effective date or implementation date of this resolution. Nor does
such stay, in any way, constitute an endorsement of the retroactive charges for the period between
September 30, 1994 and January 10, 1995.
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Resolution No. 95 -3449
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SECTION 6. 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.
SECTION 7. This Resolution shall become effective, and considered implemented, as of the date
of adoption.
APPROVED AND ADOPTED this 15th day of August, 1995.
ATTEST:
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MAYOR PRO TEM
I hereby certify that the foregoing resolution, Resolution No. 95 -3449, was duly adopted by the City
Council of the City of Temple City at a regular meeting held on the 15th day of August, 1995, by the
following vote:
AYES: Councilman - Gillanders, Souder, Wilson
NOES: Councilman -None
ABSENT: Councilman - Budds, Breazeal
EXHIBIT A: RETROACTIVE CHARGES FOR BASIC SERVICE FOR THE PERIOD
BETWEEN SEPTEMBER 30, 1994 AND JANUARY 10, 1995.
Retroactive charge Monthly charge Difference
implemented by permitted
Crown
Basic Service $12.64 $12.38 $0.26
Total basic service refund per subscriber: $.26 x 3 months = .78
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