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Grantee's request for approval of the maximum permitted <br />basic service tier rate of $6.38 per month per subscriber, <br />as calculated in the Amended FCC 1200 is reasonable and is, <br />therefore, approved; <br /> <br />Grantee's actual basic service tier rate of $6.40 per month <br />per subscriber, effective July 14, 1994 through March 1, <br />1995 is unreasonable because it is greater than the maximum <br />permitted rate calculated pursuant to Grantee's Amended FCC <br />1200, and is, therefore, disapproved. <br /> <br />Grantee is ordered tore fund to subscribers all amounts <br />collected in excess of the rates approved in paragraph <br />(A) of this Section, plus applicable interest thereon for <br />the period September 27, 1994 through March 1, 1995. Such <br />refund is to be made sixty (60) days from the passage of <br />this ordinance. Grantee shall notify the City when the <br />refunds are made, and itemize the caloulation, form and <br />extent of the refunds. <br /> <br />Due to the FCC's delay in clarifying its instructions on <br />filing dates for the FCC Form 1205 to justify Equipment and <br />Installation charges, the City reserves the right to <br />receive justification and rule on the Equipment and <br />Installation Charges which were not submitted for approval <br />by Grantee at the time of the filing of the FCC Form 1200. <br /> <br />Eo <br /> <br />Grantee's requested increase in the maximum permitted basic <br />tier rate to $6.41 per month per subscriber pursuant to the <br />FCC 1210 filing is unreasonable and is, therefore, disap- <br />proved. <br /> <br />The correct maximum permitted basic tier rate is $6.3S per <br />month per subscriber, pursuant to the calculation of that <br />rate at the franchise level, and this rate is, therefore, <br />approved. <br /> <br />Grantee is ordered to immediately reduce its basic tier <br />cable television rate to $6.38 as approved in paragraph (E) <br />of this section. <br /> <br />Grantee is ordered to refund to subscribers all amounts <br />collected in excess of the rates approved in paragraph (E) <br />of this section, plus applicable interest thereon for the <br />period March 1, 1995, until the date of compliance with <br />this ordinance. SUch refund is to be made sixty (60) days <br />from the passage of this ordinance. Grantee shall notify <br />the City when the refunds are made, and itemize the calcu- <br />lation, form and extent of the refunds. <br /> <br /> Section 3. The City reserves the right to reconsider this <br />ordinance for the sole purpose of further reducing rates should new <br />information arise which was not disclosed by the Grantee or <br />modification to FCC rules and regulations so provided and permit. <br />This ordinance shall not be construed as an approval of any pending <br />request or proposal for a rate increase pursuant to FCC Form 1210 or <br />otherwise. <br /> <br /> Section 4. It is found and determined that all formal <br />actions of this Council concerning and relating to the passage of <br />this ordinance were adopted in an open meeting of this Council, and <br />that all such deliberations of this Council and of any of its commit- <br />tees that resulted in such formal action were in meetings open to the <br />public in compliance with all legal~requirements. <br /> <br /> Section 5. The Clerk of Council is hereby directed to <br />cause publication of this ordinance to be made to the citizens of the <br />City and immediately upon its adoption shall serve a certified copy <br />of the ordinance by certified mail upon the Grantee. <br />public in compliance with all legal requirements. <br /> <br /> <br />