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Home My WebLink About146-94 RESOLUTIONI • • RESOLUTION NO. 146-94 11. `f ICROFILMED A RESOLUTION REGARDING REGULATION OF CABLE TELEVISION RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPMENT AND INSTALLATION. WHEREAS, the City of Fayetteville, Arkansas ("City") granted a Cable Television Franchise Ordinance ("Ordinance") to Warner Cable of Fayetteville ("Franchisee"); and WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the City has undertaken all appropriate procedural steps to regulate the rates charged by Franchisee for the basic cable service tier and related equipment; and WHEREAS, on August 31, 1993, in accordance with applicable FCC regulations, the City filed FCC Form 328 -- Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of I,ack of Effective Competition -- with the FCC; and WHEREAS, in accordance with applicable FCC regulations, the City passed and adopted an Ordinance governing the procedures and standards for the regulation of rates; and WHEREAS, on November 3, 1993, the City sent to Franchisee a letter notifying Franchisee that the City had been certified by the FCC via Form 328 and had adopted rate regulations consistent with FCC regulations and further requested that Franchisee complete and return to the City applicable FCC rate regulation forms for the purpose of establishing maximum permitted rates; and and WHEREAS, on or about December 2, 1993, the City received Franchisee's From 393; WHEREAS, the City tolled the time period for review of Franchisee's Form 393; and WHEREAS, on or about August 5, 1994 the City received Franchisee's completed FCC Forms 1200, 1205, and 1215; and WHEREAS, the City extended the time period for review of Franchisee's FCC Form 1200, 1205, and 1215 for an additional 90 days; and WHEREAS, on or about October 10, 1994 the City received Franchisee's FCC Form 1210; and Page 2 Resolution No. 146-94 WHEREAS, on or about November 23, 1994, the City petitioned the FCC for an extension of the deadline for action on Franchisee's Form 1200, 1205 and 1215 submission until December 21, 1994; and WHEREAS, the City, in order to accomplish its review in a timely manner, scheduled for December 20, 1994 sufficient time for the purpose of reviewing Franchisee's FCC rate regulation forms and related regulation information; and WHEREAS, the City conducted a meeting open to the public on December 20, 1994 to ensure that all interested parties had ample opportunity to present intormation to the City; and WHEREAS, based upon the City's December 20, 1994 meeting and all information and advice from Moss & Barnett and City Staff, the City determined to make the below listed Orders for Action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby adopts and makes a part of this Resolution all documents referenced above. Section 2. That pursuant to FCC regulations, the City Council hereby determines that the rates identified by Franchisee in Franchisee's December 2, 1993 filing of FCC Form 393 are reasonable and are in compliance with applicable federal law and FCC regulations. Section 3. That pursuant to FCC regulations, the City Council hereby determines that the rates identified by Franchisee in Franchisee's August 5, 1994 tiling of FCC Form 1200 are in compliance with applicable federal law and FCC regulations and therefore Franchisee shall be permitted to charge not more than $8.10 for the basic service tier (exclusive of any franchise fees) for the time period beginning July 15, 1994 through November 30, 1994. Section 4. The Franchisee shall immediately undertake any and all necessary steps, in accordance with applicable FCC regulations, to refund to all City of Fayetteville subscribers any and all applicable overcharges based on the maximum permitted basic service tier rate of $8.10 and the rates actually charged to Fayetteville subscribers, together with any franchise fees assessed thereon, plus interest, computed at the applicable published rates for Internal Revenue Service tax refunds and additional tax payments. Page 3 Resolution No. 146-94 Section 5. That pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchiste's FCC Form 12065 are reasonable and are in compliance with applicable federal law and FCC regulations and therefore Franchisee shall he permitted to charge not more than the following rates (exclusive of any franchise tee): Installation of unwired homes $31.22 Installation of prewired homes 12.24 Installation of Additional Connections at time of initial install 21.35 Installation of Additional Connections requiring separate install 12.24 Replace Drop 21.35 Bury Drop 15.00 Remote Control Type 1 .13 Nonaddressahle Converter 1.72 Addressable Converter 1.96 Section 6. The Franchise shall immediately undertake any and all necessary steps, in accordance with applicable FCC regulations, to refund to all City of Fayetteville suhscribers any and all applicable overcharges based on the maximum permitted rates specified in paragraph no. 5 above and the rates actually charged to Fayetteville subscribers, together with any franchise fees assessed thereon, plus interest, computed at the applicable public rates for Internal Revenue Service tax refunds and additional tax payments beginning July 15, 1994 going forward. Section 7. That pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchisee's October 10, 1994 FCC Form 1210 filing are reasonable and are in compliance with FCC regulations and therefore Franchisee shall he permitted to charge not more than $8.27 for the basic service tier (exclusive of franchise fees) for the period beginning December 1, 1994 going tbrward. PASSED AND APPROVED this 20th day of December 1994. ATTESTBy: �j� Traci Paul, City Clerk APPROVED: By:Z�%�Llv Fred Hanna, Mayor SECTION 6 RECOMMENDED RATE ORDER CITY OF FAYETTEVILLE, ARKANSAS RESOLUTION NO. REGARDING REGULATION OF CABLE TELEVISION RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPMENT AND INSTALLATION WHEREAS, the City of Fayetteville, Arkansas ("City") granted a Cable Television Franchise Ordinance ("Ordinance") to Warner Cable of Fayetteville ("Franchisee"); and WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the City has undertaken all appropriate procedural steps to regulate the rates charged by Franchisee for the basic cable service tier and related equipment; and WHEREAS, on August 31, 1993, in accordance with applicable FCC regulations, the City filed FCC Form 328 -- Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition -- with the FCC; and WHEREAS, in accordance with applicable FCC regulations, the City passed and adopted an Ordinance governing the procedures and standards for the regulation of rates; and WHEREAS, on November 3, 1993, the City sent to Franchisee a letter notifying Franchisee that the City had been certified by the FCC via Form 328 and had adopted rate regulations consistent with FCC regulations and further requested that Franchisee complete and return to the City applicable FCC rate regulation forms for the purpose of establishing maximum permitted rates; and WHEREAS, on or about December 2, 1993, the City received Franchisee's completed FCC Form 393; WHEREAS, the City tolled the time period for review of Franchisee's Form 393; and WHEREAS, on or about August 5, 1994 the City received Franchisee's completed FCC Forms 1200, 1205, and 1215; and -28- WHEREAS, the City extended the time period for review of Franchisee's FCC Form 1200, 1205, and 1215 for an additional 90 days; and WHEREAS, on or about October 10, 1994 the City received Franchisee's FCC Form 1210; and WHEREAS, on or about November 23, 1994, the City petitioned the FCC for an extension of the deadline for action on Franchisee's Form 1200, 1205 and 1215 submission until December 21, 1994; and WHEREAS, the City, in order to accomplish its review in a timely manner, scheduled for December 20, 1994 sufficient time for the purpose of reviewing Franchisee's FCC rate regulation forms and related rate regulation information; and WHEREAS, the City conducted a meeting open to the public on December 20, 1994 to ensure that all interested parties had ample opportunity to present information to the City; and WHEREAS, based upon the City's December 20, 1994 meeting and all information and advice from Moss & Barnett and City Staff, the City determined to make the below listed Orders for Action. NOW, THEREFORE, in a regular meeting of the City of Fayetteville, Arkansas dated December 20, 1994, the following is resolved: ORDERS FOR ACTION 1. The City hereby adopts and makes a part of this Resolution all documents referenced above. 2. Pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchisee's December 2, 1993 filing of FCC Form 393 are reasonable and are in compliance with applicable federal law and FCC regulations. 3 Pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchisee's August 5, 1994 filing of FCC Form 1200 are in compliance with applicable federal law and FCC regulations and therefore Franchisee shall be permitted to charge not more than $8.10 for the basic service tier (exclusive of any franchise fees) for the time period beginning July 15, 1994 through November 30, 1994. -29- 4 Franchisee shall immediately undertake any and all necessary steps, in accordance with applicable FCC regulations, to refund to all City of Fayetteville subscribers any and all applicable overcharges based on the maximum permitted basic service tier rate of $8.10 and the rates actually charged to Fayetteville subscribers, together with any franchise fees assessed thereon, plus interest, computed at the applicable published rates for Internal Revenue Service tax refunds and additional tax payments. 5. Pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchisee's FCC Form 1205 are reasonable and are in compliance with applicable federal law and FCC regulations and therefore Franchisee shall be permitted to charge, not more than the following rates (exclusive of any franchise fee): Installation of Unwired Homes - $31.22 Installation of Prewired Homes - $12.24 Installation of Additional Connections at Time of Initial Install - $21.35 Installation of Additional Connections Requiring Separate Install - $12.24 Replace Drop - $21.35 Bury Drop - $15.00 Remote Control Type 1 - $0.13 Nonaddressable Converter - $1.72 Addressable Converter - $1.96 6 Franchisee shall immediately undertake any and all necessary steps, in accordance with applicable FCC regulations, to refund to all City of Fayetteville subscribers any and all applicable overcharges based on the maximum permitted rates specified in paragraph no. 5 above and the rates actually charged to Fayetteville subscribers, together with any franchise fees assessed thereon, plus interest, computed at the applicable public rates for Internal Revenue Service tax refunds and additional tax payments beginning July 15, 1994 going forward. 7. Pursuant to FCC regulations, the City hereby determines that the rates identified by Franchisee in Franchisee's October 10, 1994 FCC Form 1210 filing are reasonable and are in compliance with FCC regulations and therefore Franchisee shall be permitted to charge not more than $8.27 for the basic -30- • service tier (exclusive of franchise fees) for the period beginning December 1, 1994 going forward. This resolution is passed and adopted by the City of Fayetteville, Arkansas this day of December, 1994. CITY OF FAYEITEVILLE, ARKANSAS By: Its: Attest: 1059Z140 -31-