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Resolution 12572CITY OF ALAMEDA RESOLUTION NO. 12572 DISAPPROVING TCI'S RATES AND CHARGES FOR BASIC CABLE TV SERVICE TIER AND ASSOCIATED EQUIPMENT FOR THE PERIOD OF SEPTEMBER 1, 1993 TO JULY 14, 1994, AND PRESCRIBING RATES AND CHARGES FOR SAME PURSUANT TO SECTIONS 76.936, 76.94n, 76.Q41 AND 76.942 OF THE RTTL-pq AND RpeNTLATTnNQ OF THE FEDERAL COMMUNICATIONS COMMISSION WHEREAS, the City of Alameda (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 March 1, 1994; and WHEREAS, the City has provided written notice of said certification to TCI Cablevision of Hayward (the "Operator") on March 3, 1994; and EE 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 o ui -z. 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 bas 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 March 3, 1994; and WHEREAS, the Operator has filed with the City a FCC Form 393 on April 22, 1994; and WHEREAS, on April 28, 1994, the City issued an order 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, the City has reviewed all relevant information including, but not limited to, the FCC Form 393 dated April 22, 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 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 a copy of the Consultant's report, which contains a proposed refund plan, and is now given the opportunity to comment thereupon; and WHEREAS, the City has now made a final decision upon the appropriateness, or lack thereof, of the existing rates and charges for the Basic Service Tier and associated equipment as identified on the FCC Form 393 dated April 22, 1994. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: Section 1. The City Council of the City of Alameda hereby finds and determines that the rates and charges for the Basic Service Tier in effect from September 1, 1993 to July 14, 1994 as identified on the FCC Form 393 dated April 22, 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, all of which are incorporated into this Resolution by reference as fully stated herein. Section 2. This Resolution constitutes a written decision disapproving, in part, an initial rate within the meaning of Section 76.939 of the Rules and Regulations of the Commission. Section 3. The Operator is hereby ordered to reduce and modify the rates and charges of the Basic Service Tier and associated equipment in the manner, and pursuant to the terms, as set forth on Exhibit "A" to this resolution upon the effective date thereof. Section 4. Should the Operator appeal this rate determination of the City Council of the City of Alameda 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 hereunder. 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 rates and changes in effect from September 1, 1993 to July 14, 1994. Section 5. The Operator is hereby directed and ordered to provide a Refund Plan ("Refund Plan") to the City within thirty (30) days of the date of this hearing, pursuant to which it proposes to refund to subscribers rates and charges collected by the Operator in excess of the rates and charges approved herein since September 1, 1993, or the earliest date from which the refund period may run pursuant to 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 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. EXHIBIT A The following charges for basic cable service and associated equipment for the period of September 1, 1993 to July 14, 1994 have been determined to be reasonable, under the FCC guidelines: Cable Service Basic Cable Service Converter Box Remote Control Hourly Service Charge Maximum Allowable $ 9.23 $ 1.87 $ 0.14 $27.52 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of September , 1994, by the following vote to wit: AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day. of September , 1994. Patricia Calbreath, Deputy City Clerk City of Alameda