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Home My WebLink AboutRES-94-5666 (CABLE TV/RATES FOR BASIC)Attachment E RESOLUTION NO. 945666 A RESOLUTION OF TIE CITY COUNCIL OF TIE CITY OF HERMOSA BEACH, CALIFORNIA, PURSUANT TO SECTIONS 76.936, 76.94051 76.941 AND 76.942 OF TIE RULES AND REGULATIONS OF TIE FEDERAL CONIlV MCATIONS CONIlVIISSION DISAPPROVING EXISTING RATES AND CHARGES FOR TIE BASIC SERVICE TIER, IN PART, PRESCRIBING RATES AND CHARGES FOR BASIC SERVICE TIER, AND SEEKING COMAIENT WHY REFUNDS SHOULD NOT BE ORDERED WHEREAS, the City of Hermosa Beach (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 October 17, 1993; and WBEREAS, the City has provided written notice of said certification to MultiVision \"Wp, Cable TV (the "Operator") on October 26, 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 WIMREAS, 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 October 26, 1993; and WHEREAS, the Operator has filed with the City an FCC Form 393 on November 30, 1993; and WHEREAS, on December 8, 1993, 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 `"00W WHEREAS, the City has reviewed all relevant information including, but not limited to, the FCC Form 393 dated November 30, 1993, 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 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; 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 November 30, 1993. NOW THEREFORE, TIE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS: 1. The existing rates and charges for the Basic Service Tier and associated equipment as identified in the FCC Form 393 dated November 30, 1993 are hereby disapproved in part for the reasons, and on the grounds, as contained in the Consultant's Report dated January 18, 1994 and the staff report dated March 10, 1994, all of which are incorporated into this Resolution by reference as if fully stated herein. 2. This Resolution constitutes a written decision disapproving, in part, an initial rate within the meaning of Section 76.936 of the Rules and Regulations of the Commission. 3. The Operator is hereby ordered to reduce and modify the rates and charges for the Basic Service Tier in the manner, and pursuant to the terms, as set forth on Exhiibit "A" to this resolution upon the effective date thereof. 4. The City Council of the City of Hermosa Beach hereby finds and determines that the existing and proposed rates and charges for the Basic Service Tier as identified on the FCC Form 393 dated November 30, 1993 is and are 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 previously set forth herein, and the Operator is hereby ordered and directed to immediately implement the rates and charges as specified upon Exhibit "A" to this resolution. 5. The City Council of the City of Hermosa Beach hereby directs and orders the 11. Operator to appear at 7:30 p.m. on April 12, 1994 at this location to give evidence and show cause why the City should not order that the Operator refund previously paid rates and charges to subscribers in excess of the rates and charges approved pursuant to this resolution. 6. 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 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 the Rules and Regulations of the Commission, 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. 7. in taking the action and making the orders set forth in this resolution, the City Council reserves the right to fiuther reduce MultiVision's rates for the basic service tier and associated equipment pursuant to the FCC's Second Order on Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking in MM Docket 92-266, Implementation of the Rate Regulation Provisions of the Cable Act of 1992, notice of which was given on February 22, 1994. 8. 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. *-W1*1 9. This Resolution shall become effective as of the date of adoption. PASSED, APPRO OPTED this 22nd day of March, 1994. PRES E of a ity Council and MAYOR of the City of H a Beach, California I ATTEST:7)4City Clerk APPROVED AS TO FORM: nL aeL '!/ , City Attorney \ft,NV' ,..d EMM IT A Programming Services Basic Service (36 channels) Equipment Rental Universal Remote Standard Remote Converter Box Installation Charges Standard Installation Non -Standard Aerial Installation Non -Standard Underground Installation Additional Outlet at time of Initial Installation Additional Outlet requiring separate Installation Field Upgrade/Downgrade of Service Electronic Change of Service $18.07 $0.50 $0.35 $2.60 $36.50 $72.95 $109.45 $18.25 $27.35 $18.25 $2.00 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } CITY OF HERMOSA BEACH } I, Naoma Valdes, Deputy City Clerk of the City Council of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 94-5666 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on March 22, 1994. The vote was as follows: -AYES: Bowler, Oakes, Reviczky, Mayor Pro Tempore Benz NOES: None 910bTAIN:- - None ABSENT: 'Mayor Edgerton DATED: March 23, 1994 `%W/ 4114 A clac— Deputy Ci y Clerk