|
WHEREAS, this Council by a vote of at least five (5) members elected thereto
<br />determines that this resolution is an emergency measure, and that this resolution shall take effect
<br />at the earliest date possible as set forth in ARTICLE HI, SECTIONS 10 and 13 of the SECOND
<br />AMENDED CHARTER OF THE CITY OF LAKEWOOD, in that immediate action is
<br />necessary prior to October 31, 2001 due to FCC regulations;
<br />
<br /> NOW, THEREFORE, Be It Resolved by the. Council of the City of Lakewood, State of
<br />Ohio, that:
<br />
<br /> SECTION 1. Based on the information obtained by City Council at its meeting
<br />pertaining to this Resolution and the information submitted by Grantee, Council makes the below
<br />listed findings:
<br />
<br />Ao
<br />
<br /> Grantee filed a 2000 FCC Form 1240 but used an incorrect inflation figure
<br />and an incorrect figure in the true-up adjusmaent calculation resulting in a
<br />pwposed Maximum Permitted basic tier monthly rate of $8.13, which is not
<br />reasonable pursuant to FCC regulations.
<br />
<br />Bo
<br />
<br /> Grantee provided written confirmation that it concurred with a corrected
<br />Maximum Pet-mitred basic tier rate, calculated using the correct inflation rates
<br />reflecting the most recent inflation factors released by the FCC and using the
<br />correct true-up adjustment, of $8.02 per month (including the FCC 4¢ regulatory
<br />fee) per subscriber, which is in accordance with FCC regulations.
<br />
<br />Co
<br />
<br /> Grantee filed a 2000 FCC Form 1205 but used incorrect data for salaries
<br />and benefits, supplies, utilities, and other costs defined as insurance, repairs and
<br />maintenance and inter-company allocations in calculating its proposed Hourly
<br />Service Charge of $42.43, which is, therefore, unreasonable under FCC
<br />regulations.
<br />
<br /> The correct Hourly Service Charge of $37.26, as calculated by the City in
<br />a Revised 2000 FCC Form 1205, using the correct data for salaries and benefits,
<br />supplies, utilities and other costs defined as insurance, repairs and maintenance
<br />and inter-company allocations is in accordance with FCC regulations. (The
<br />Revised 2000 FCC Form 1205 as produced by the City with correct data is
<br />attached as Appendix H and is made part of this Resolution by reference.)
<br />
<br /> Due to Grantee's errors in the Hourly Service Charge described in
<br />Paragraph (C) of this Section, Grantee's proposed Maximum Permitted equipment
<br />rental, service and installation rates, effective January 1, 2001 and listed in Table
<br />1 of Exhibit A, are unreasonable under FCC regulations.
<br />
<br />Fo
<br />
<br /> The correct MaXimum Permitted equipment rental, service and installation
<br />rates for the period January 1, 2001 through December 31, 2001, as calculated in
<br />accordance with FCC regulations by the City in the attached Revised 2000 FCC
<br />Form 1205, using the correct data for salaries and benefits, supplies, utilities and
<br />other costs defined as insurance, repairs and maintenance and inter-company
<br />allocations, and the correct Hourly Service Charge, are listed in Table 2 of Exhibit
<br />A.
<br />
<br /> Grantee's Actual equipment rental, service and installation rates effective
<br />Sanuary 3, 2001 through May 2001 as shown in Grantee's rate card and listed in
<br />Table 3 of Exhibit A, exceed the corrected Maximum Permitted rates in the
<br />Revised 2000 FCC Form 1205, and are, therefore, unreasonable under FCC
<br />regulations.
<br />
<br />Ho
<br />
<br /> Grantee's Actual equipment rental, installation and service charges
<br />effective May 2001 as shown in Grantee's rate card and listed in Table 4 of
<br />Exhibit A, exceed the correct Maximum Permitted rates as calculated in the
<br />Revised 2000 FCC Form 1205, and are, therefore, unreasonable pursuant to FCC
<br />regulations.
<br />
<br />29543g-1
<br />
<br />
<br />
|