04-96 Approve Rate Charge for Basic Cable - Cox

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WHEREAS, the Ciw, in order to accomplish its review, introduced this Ordinance tbr consideration at its regular City Council meeting, February 20, 1996, reviewed this Ordinance at a meeting of the Rules & Ordinances Committee on July 9, 1996 and scheduled for the City Council's regular meeting date of July 15, 1996, sufficient time for the purpose of reviewing Grantee's FCC Forms 1200, 1205 and 1215 and related rate regulation intbrmation and providing interested parties, including the Grantee, ample oppornmity to present information to the City; WHEREAS, this ordinance constitutes an emergency measure providing )hr the immediate preservation of the public health, safety and welfare, as it is necessary for the protection of Lakewood consumers that the effective date be as early as possible as permitted by federal law; now, therefore, BE IT ORDA/NED BY THE COUNCIL OF THE CITY OF LAKEWOOD, OHIO, THAT: Section 1. Based upon the City Council's meetings pertaining to this Ordinance, the information submitted by the Grantee, and the advice of the City's cable television legal consultants, the City determines to make the below listed findings: Grantee's proposed maximum permitted basic service tier rate of $7.76 per month per subscriber is reasonable, as calculated in the orig/nal FCC Form 1200. - - Grantee's proposed maximum permitted equipment rental and installation service rates are reasonable as calculated by the FCC Form 1205 and as shown in a certain Summary Schedule which the City received on September 25, 1995 (the "September 25, t995 Summary Schedule"). (The September 25, 1995 Summary Schedule is attached hereto as Exhibit A and is hereby made part of this Ordinance by reference.) Grantee's actual equipment rental and installation service rates are reasonable as calculated by the FCC Form 1205 and as shown in the September 25, 1995 Summary Schedule, with the exception of the actual rate for the Converter Box Type 2. The maximum permitted rate jastified by the FCC Form 1205 filing by the Grantee and certified by the Summary Schedule for Converter Box Type 2 is $0.05 per month, which rate was never put into effect. The actual rate fbr Converter Box Type 2 as of the July 14, 1994 was $0.16 per month and as of October 1, 1994, this rate was increased to $0.42 per month. Although Grantee does provide an explanation which indicates that the increase for the new Converter Box Type 2 is appropriate, Grantee never provided the City with a certified justification of its Converter Box Type 2 rate of $0.42 per month in a properly filed FCC Form 1205 pursuant to FCC regulations. Section 2. Based upon the Ciw Council's meetings pertaining to this Ordinance, the information submitted by the Grantee, the advice of the City's cable television legal consultants, and the findings in Section I above, the City determines to make the below listed orders: Grantee's proposed maximum permitted basic service tier rate of $7.76 is reasonable, as calculated in the FCC Form 1200 and is, therefore, approved. Grantee's proposed maximum permitted equipment rental and installation service rates are reasonable as justified by the FCC Form 1205 and certified in the Summary Schedule and are, theretbre, approved.