50-98 Unreasonable Charges by Cablevision

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ORDFNANCENO. 50-98 BY:Corrigan, Flanner¥, George Roth, Seelie, Skindell, Smith AN EMERGENCY ORDINANCE finding that certain actual ~quipment rental and installation service ra~es char~ed by Cablevision, effective January I, 1998, are unreasonable. WHERE., the City of Lakewood, Ohio (the "City") is a Grantor of a cable television service franchise to Cablevision of the Midwest, Inc. ("Cablevision"); and WHEREAS, in accordance with applicable provisions of the Cable Consumer Protection and Competition A~t of 1992. as amended. (the "Cable Act") and rules adopted by the Federal Communications Comm/asion ("FCC"), the City has undertaken all appropriate procedural steps w regulale the basic cable service tier and related installation and equipment charges; and WI-IF.2.EAS. pursuant to FCC regulations, on or about October 1, 1997, the City received fium Cablevision the FCC Form 1205 filing for fiscal year 1996, which was associa/ed with the concummt filing with the City of annual FCC Form 1240 (the "1997 FCC Form 1205"); and WHEREAS, between Dec~unber 1997 and May 1998, the City made numerous requests to Cablevision for ~tional information and clarification necessary to complete its review of the 1997 FCC Form 1205; and WHEREAS, Cablevision did not provide a fifll response m the City's request for clarification until lune 16, 1998 and has not provided other infomuuion necessary; and WHEREAS, the City, in order to accomplish its review, scheduled for the City Council's meeting date of S~ptember 21, 1998, suflic/ent time for the purpose of reviewing Cablevision's 1997 FCC From 120:5 and related rate regulation information and providing interested parties, including Cabl~vision, ample opportunity to ~t information to the Cky; WHF. RF. AS, this Ordinance constitutes an emergency measure providing for the immediaie preservation of the public health, safety and welfare, and for the usual daily operation of municipal serv/oea; now, there, fore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Secfiou I. Based upon the information obtained by City Couudl at its meetings pertaining to this Ordinance amid the information submitted by Cablevisiou, the City Council makes the below listed fiudins: Certain of Cablevision Actual equipment rental and installalion service ra~es ~xceed the maximum permflied rates in Cshievision's 1997 FCC Form 1205 and are, therefore, unreasonable according to FCC re~i~ons. These rates ar~: Maximum Actual Permiued Rates Rates Service Call S20.06 Rerflo~ Control Type 1 50.34 Convener Box Type 1: Non Addressabte S0.07 Converter Box Type 2: Addressable S 1.97 $21.75 $0.35 $0.47 $2.17