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PLA(fED ON 1st Reading & Referred to
<br />RULES & ORDINANCES COMMITTEE on 2/20/96.
<br />
<br />PLACED ON 2ND READING on 7/1/96.
<br />
<br />ORDINANCE NO. 5-96
<br />
<br /> BY:Boscia, Corrigan,
<br />Flannery, George, Roth, Smith
<br />
<br /> AN ORDINANCE disapproving the rate charged for basic tele-
<br />vision service by Cablevision of the Midwest, Inc. d/b/a Cablevision
<br />pursuant to the FCC Form 1200 effective July 14, 1994; reserving the
<br />right to rule on equipment rental and installation rates pursuant to
<br />the FCC Form 1205; disapproving the maximum permitted rate pursuant
<br />to the FCC Form 1210; and ordering a refund.
<br />
<br /> WHEREAS, the City of Lakewood ("City") is a grantor of a
<br />cable television service franchise to Cablevision of the Midwest,
<br />Inc.("Grantee"); and
<br />
<br /> WHEREAS, in accordance with applicable provisions of the
<br />Cable Consumer Protection and Competition Act of 1992 (hereinafter
<br />the "Cable Act") and rules adopted by the Federal Communications
<br />Commission ("FCC"), the City has undertaken all appropriate procedur-
<br />al steps to regulate the basic cable service tier and related in-
<br />stallation and ecfuipment charges; and
<br />
<br /> WHEREAS, pursuant to FCC regulaticns, on or about August
<br />13, 1994, the City received from Grantee FCC Forms 1200, 1205, 1215,
<br />which were incomplete and required further supporting clarification
<br />data; and
<br />
<br /> WHEREAS, it was necessary for the City to request the
<br />required supporting information from the Grantee in order to complete
<br />the FCC 1200 and to determine the propriety of Grantee's basic cable
<br />service rates and related installation and equipment rates; and
<br />
<br /> WHEREAS, in early 1995, the City received a response to the
<br />requests for required additional information for the FCC 1200 and FCC
<br />Form 1205 which included an unsigned FCC 1200 which was completed at
<br />the franchise level as required by the FCC regulations, but which had
<br />errors in certain line items, and
<br />
<br /> WHEREAS, the City's time deadline for approving or disap-
<br />proving Grantee's rate, pursuant to FCC regulation, tolled pending
<br />submission of the required supporting information from the Grantee;
<br />and
<br />
<br /> WHEREAS, a request for a signed, amended FCC 1200 (the
<br />"amended FCC 1200") that corrected the errors found in the unsigned
<br />franchise specific FCC 1200 was made on numerous occasions in subse-
<br />quent telephone conversations between the City's cable television
<br />regulation consultant and Grantee, and
<br />
<br /> WHEREAS, on or about May 31, 1995, the City received an
<br />Amended FCC 1200 that had the required corrections; and
<br />
<br /> WHEREAS, pursuant to FCC regulations, the City notified
<br />Grantee in writing that the time period for the City's review of the
<br />amended FCC 1200 would be extended for an additional ninety (90) day
<br />period to allow the City sufficient time to review and rule on the
<br />proposed rates; and
<br />
<br /> WHEREAS, on or about September 27, 1995, in order to allow
<br />the City adequate time to complete its review of the Amended FCC
<br />1200, the City issued an accounting order to Grantee, pursuant to 47
<br />C.F.R. Section 76.933 which preserved the City's right to rule and,
<br />if necessary, to order a refund, and
<br />
<br /> WHEREAS, on or about November i, 1994, the City received
<br />Grantee's FCC Forms 1210 and 1215 (collectively, the "FCC 1210") for
<br />the period April 1, 1994, through September 30, 1994, effective as of
<br />December 1, 1994, and
<br />
<br />
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