23-96 Equip Rental & Installation Svcs - Cablevision

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PLACED ON 1st Reading & Referred TO RULES & ORDINANCES COMMITTEE 6/17/96. PLACED ON 2nd READING on 7/1/96. ORDINANCE NO. 25-96 BY: Boscia, Corrigan, Flannery, George, Roth, Smith AN EMERGENCY ORDINANCE disapproving certain actual equipment rental and installation service rates charged by CaNevision; approving certain other actual equipment rental and installation service rates charged by Cablevision; ordering a refund for overcharges; and approving the maximum permitted rares proposed by Cablevision in the FCC Form 1205, effective as of August 1, 1995. WHEREAS, the City of Lakewood ("City') is a Grantor of a cable television service franchise to Cablevision of the Midwest, Inc. CGrantee'); and WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the ~Cabte Act') and rules adopted by the Federal Communications Commission (~FCC'), the City has undertaken ail appropriate procedural steps to regulate the basic cable service tier and related installation and equipment charges; and WHEREAS, pursuant to FCC regulations, on or about April 3, 1995, the City received from Grantee a FCC Form 1205 proposing decreases in the equipment rental and installation service rates; and WHEREAS, pursuant to FCC regulations, on April 26, 1995, the City notified Grantee in writing that the time period for the City's review of the FCC Form 1205 would be extended for an additional ninety (90) day period to allow the City sufficient time to review and rule on the proposed rates; and WHEREAS, on or about July 21, 1995, in order to allow adequate time for the City to obtain required information from the Grantee and to complete its review of the FCC Form 1205, the City issued an accounting order to Grantee, pursuant to 47 C.F.R. 76.933, which preserved the City?s right to rule and, ff necessary, to order a refund; and WHEREAS, the review of the FCC Form 1205 was delayed due to lack of information pertaining to the previous filing of the FCC Form 1205 (which accompanied the FCC Form 1200 filed in August, 1994) and due to a delay in receiving up-to-date information from the Grantee; and WHEREAS, all rate justification information supplied to the City by Grantee is on file with the Council Clerk and made a part of this Ordinance by reference; and WHEREAS, the City, in order to allow sufficient time for the purpose of reviewing Grantee's FCC Form 1205 and related rate regulation information and providing interested parties, including the Grantee, ample opportunity to present information to the City; WHEREAS, this ordinance constitutes and emergency measure in that it provides for the immediate preservation of the public health, safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, OHIO, THAT: Section i. Based upon Council's meetings, 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 reduction in the Hourly Service Charge from $29.46 to $21.15 is reasonable, as determined by FCC regulations. Grantee's Actual Hourtv Service Charge of $29.00 exceeds the Hourly Service Charge permitted under FCC regulations and is, therefore, unreasonable.