05-96 Disapproving Rate Charge for Basic Cable - Cablevision

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WHEREAS, on February 28, 1995, in order to allow the City adequate time to review and rule on the FCC 1210 which is contingent upon a complete and correct FCC 1200 form being received by the City, the City to issued an accounting order to Grantee, pursuant to 47 C.F.R. Section 76.933 which preserved the City's right to rule and, if necessary, to order a refund, and WHEREAS, the City requested a franchise specifio FCC Form 1210 which was never received from Grantee, and WHEREAS, based on information provided in the Amended FCC 1200, the City's rate regulations consultants determined the correct maximum permitted basic rate that could be justified in a franchise specific FCC Form 1210, and WHEREAS, all rate justification information supplied to the City by Grantee is on file with the Council Clerk and made a pat of this ordinance by reference; and WHEREAS, the City, in order to alllow sufficient time for the purpose of reviewing Grantee's FCC Forms 1200, 1205 and 1215 and related rate regulation information and providing interested parties, including the Grantee, ample opportunity to present information to the City; WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safe- ty, and welfare, as it is necessary for the protection of Lakewood consumers that the effective date be as early as permitted by federal law; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Based upon 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 $6.38 per month per subscriber as calculated in the Amended FCC Form 1200, is reasonable; Grantee's actual basic service tier rate of $6.40 per month per subscriber is unreasonable because it is greater than the maximum permitted rate calculated pursuant to Grantee's Amended FCC Form 1200; The FCC has not clarified its instructions on filing dates for the FCC Form 1205 to justify equipment rental and installation charges; Do Grantee's requested increase in the maximum permitted basic tier rate to $6.41 per month per subscriber, as calculated by the FCC 1210 filing, was not calculated at the franchise level and is unreasonable; The correct maximum permitted basic tier rate should be $6.38 per subscriber per month as calculated by a franchise specific FCC Form 1210 shown in Exhibit A, which is at- tached hereto and incorporated into this ordinance; Section 2. Based upon 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 1 above, the City determines to make the below listed orders: