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SECTION 2. Based upon the discussion at this Council's OctOber /~', 2001
<br />meeting, thc information submitted by Grantee, the advice of the City's cable television legal
<br />consultants and the findings in Section 1 above, the City makes the following orders:
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<br />Due to Grantee's error in completing the 2000 FCC Form 1240, Grantee's proposed
<br />Maximum Peamitted basic tier rate of $8.13 per month per subscriber, effective January
<br />1, 2001, as calculated in the 2000 FCC Form 1240 is not reasonable under FCC
<br />regulations and is, therefore, disapproved.
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<br />The corrected Maximum P~mxitted basic tier rate, as produced by the City pursuant to
<br />FCC regulations in the attached Revised FCC Form 1240 (Appendix I), of $8.02 per
<br />month per subscriber is in accordance with FCC regulations and is, therefore, approved,
<br />effective January 1, 2001.
<br />
<br />Due to Grantee's use of incorrect data in its 2000 FCC Form 1205 for salaries and
<br />benefits, supplies, utilities, and other costs defined as insurance, repairs and maintenance
<br />and inter-company allocations, Grantee's proposed Hourly Service Charge of $42.43 as
<br />calculated in the 2000 FCC Form 1205 is unreasonable under FCC regulations and,
<br />therefore, disapproved.
<br />
<br />The corrected Hourly Service Charge of $37.26, as calculated by the City in the attached
<br />Revised 2000 FCC Form 1205, (Appendix 1!), is in accordance with FCC regulations and
<br />is, therefore, approved, effective January 1, 2001.
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<br />Due to Grantee's incorrect Hourly Service Charge, Grantee's proposed Maximum
<br />Permitted equipment rental, service and installation charges calculated in the 2000 FCC
<br />Form 1205. and listed in Table 1 of Exhibit A are unreasonable under FCC regulations
<br />and, therefore, disapproved.
<br />
<br />The corrected Maximum Permitted rates for. equipment rental, service and installation
<br />charges, as calculated by the City in the Revised FCC Form 1205 (Appendix II) and
<br />listed in Table 2 of Exhibit A are in accordance with FCC regulations and, therefore,
<br />approved effective January 1, 2001.
<br />
<br />Certain of Grantee's Actual rates for equipment rental, service and installation, listed in
<br />Tables 3 and 4 of Exhibit A, exceed the Maximum Permitted rates calculated by the City
<br />in accordance with FCC regulations in the Revised 2000 FCC Form 1205, are
<br />unreasonable under FCC regulations, and are, therefore, disapproved.
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<br />Grantee is ordered to immediately reduce its Actual equipment rental, service and
<br />installation rates that exceed the Maximum Permitted rates approved in Paragraph (F) of
<br />this section to rates that are no more than the Maximum Permitted rates.
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<br />Grantee is ordered to make all refunds to subscribers required by law for rates charged in
<br />excess of the Maximum Permitted rates approved in Paragraph (F) of this section since
<br />January 3, 2001, including interest, within sixty (60) days of the effective date of this
<br />Resolution. Grantee shall notify the City in writing when the refunds are made, and in
<br />such written notice it shall itemize the calculation, form and extent of the refunds
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<br /> SECTION 3. The City further reserves the right to reconsider this Resolution for the sole
<br />purpose of further reducing rates should new information arise which was not disclosed by the
<br />Grantee or modifications to FCC rules and regulations so provide and permit. This Resolution
<br />shall not be construed as an approval of any pending request or proposal for a rate increase
<br />pursuant to FCC Forms 1210, 1205, 1235, 1240 or otherwise.
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<br /> SECTION 4. It is found and determined that all formal actions of this Council
<br />concerning and relating to the adoption of this Resolution were adopted in an open meeting of
<br />this Council, and that all deliberations of this Council and of any of its committees that resulted
<br />in such formal actions were in meetings open to the public, in compliance with all legal
<br />requirements, including Section 121.22 of the Ohio Revised Code. .
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