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
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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
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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