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COMNii'T~ I'HE ',~HO Lh
<br />PLACED ON Reading on 11/17/97.
<br />
<br />ORDINANCE NO. 49-97 BY: Boscia, Corrigan, F!annery,,
<br /> George, Roth, Seelie, Smith
<br />
<br /> AN ORDINANCE approving the proposed increase in the maximum permitted
<br />basic cable television rate by Cablevision of the Midwest, Inc., d.b.a. Cablevision,
<br />pursuant to the FCC Form I210, filed in December 1996 and effective as of April 1,
<br />1997, and approving the Actual Basic Tier Cable Television Rate implemented May 1,
<br />1997.
<br />
<br /> WHEREAS, in accordance with applicable provisions of the Cable Consumer
<br />Protection and Competition Act of 1992, as amended, (hereinafter the "Cable Act") and
<br />rules adopted by the Federal Communications Commission ("FCC"), the City has
<br />undertaken all appropriate procedural steps to regulate the basic cable service tier and
<br />related i~smilation and equipment charges; and
<br />
<br /> WHF_KEAS, pursuant to FCC regulations, on December 30, 1996, the City
<br />received from Grantee the FCC Form 1210 proposing a rote increase effective as of Aprit
<br />l, 1997: and
<br />
<br /> WHEREAS, pursuant to FCC regulations, on/[anuary 27, 1997, the City notified
<br />Grantee in writing that the time period for the City's review of FCC Form 1210 would be
<br />extended for an additional ninety (90) day period; and ~
<br />
<br /> WHEREAS, in order to allow adequate time for the City complete its review and
<br />rule on the proposed basic tier rates, the City issued an accounting order to Grantee
<br />pu~-uant to FCC 47 C.F.R. §76.933, which preserved indefinitely the City's right to rule
<br />on the proposed rates after expiration of the aforesaid ninety (90) day period; and
<br />
<br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD,
<br />OHIO, THAT:
<br />
<br /> Section i. Based upon the information obtained by City Council at its
<br />meeting, the information submitted by the Grantee, and the advice of the City's cable
<br />television legal consultants, City Council makes the below lis~ed findings:
<br />
<br />Ao
<br />
<br />Grantee's proposed maximum permitted basic tier rate of $6.83 per
<br />month per subscriber, effective April 1, 1997, as calculated in the
<br />December 1996 FCC Form 210, is accurate under FCC
<br />regulations.
<br />
<br />Grantee's actual basic tier rate of $6.79 per month per subscriber,
<br />effective as of May I, 1997, is less than the maximum permitted
<br />rate permitted by FCC regulations.
<br />
<br />Section 2. Based upon the infon'nation obtained by City Council at its
<br />meeting, the information submitted by the Grantee, the advice of the City's cable
<br />television legal consultants, and the finding in Section 1 above, City Council
<br />makes the below listed orders:
<br />
<br />Grantee's proposed maximum permirted basic tier rate of $6.83 per
<br />month per subscriber, effective April 1, 1997, as calculated in the
<br />December 1996 FCC Form 1210 is accurate under FCC
<br />regulations and is, therefore, approved.
<br />
<br />
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