04-96 Approve Rate Charge for Basic Cable - Cox

Home Browse Search

Grantee's actual rates for equipment rental and installation services are reasonable as calculated in the FCC Form 1205 and as shown in the Summary Schedule (E:dfibit A hereto), to the extent that they do not exceed the maximum permitted rates approved pursuant to paragraph (B) of this section, and these rates are, therefore approved. Grantee's actual rate of $0.42 for Converter Box Type 2 is unreasonable because it was not properly justified according to the requirements of the FCC's regulations and, as a result, exceeds the justified maximum permitted rate of $0.05 per month as calculated in the FCC Form 1205 and is, therefore, disapproved. Should Grantee wish to maintain its monthly rate of $0.42 for Converter Box Type 2, it must file an FCC Form 1205 with the City within fourteen (14) days of the passage of this Ordinance, in accordance with FCC regulations, which justifies its rate for Converter Box Type 2. Should the City receive the FCC Form 1205 fi.om Grantee as ordered in subsection E, the Grantee may delay in making a rate reduction to the approved $0.05 per month for Converter Box Type 2 pending review of said FCC Form 1205 by the City. If the properly certified FCC Form 1205 adequately justifies the $0.42 monthly rate for Converter Box Type 2 to the satisfaction of the Director of Law, said monthly rate of $0.42 shall be approved as the max/mum permitted rate. If no FCC Form 1205 is received from Grantee within fourteen (14) days, Grantee is ordered to immediately reduce its rates to comply with the rates approved in paragraph (B) of this section. Specifically, the rate for Converter Box Type 2 must be reduced to $0.05 per month. Grantee is ordered to refund to subscribers all mounts collected in excess of the rates approved in paragraph (B) of this section, and specifically the rate for the Converter Box Type 2, plus applicable interest thereon, for the time period starting October 13, 1994 until the date the rates comply with the rates approved by. this Ordinance. Such refund is to be made within sixty (60) days of the passage of this Ordinance. Grantee shall notify the City when the refunds are made, and itemize the calculation, form and extent of the refunds. Section 3. The City reserves the fight to reconsider this Ordinance for the sole purpose of further reducing rates should new information arise which was not disclosed by the Grantee or modifications to FCC rules and regulations so provide and permit. This Ordinance shall not be construed as an approval of any pending request or proposal for a rate increase pursuant to FCC Form 1210, 1204, 1240 or otherwise. Section 4. The Clerk of Council is hereby directed to cause publication oft. his ord/nance to be made to the citizens of the City and immediately upon its adoption shall serve a certified copy of the Ordinance by certified mail upon the Grantee. Section 5. It is tbund and determined that all formal actions of this Council concerning and relating to the passage ofthis Ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such tbrmat action were in meetings open to the public in compliance with all legal requirements.