04-96 Approve Rate Charge for Basic Cable - Cox

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PLEASE SUBSTITUTE FOR ORDINANCE NO. 4-96, PLACED ON 1st READING ON 2/20/96; PLACED ON 2nd READING on 7/1/96. ORDINANCE NO. 4-96 BY: Bo$cia, Corrigan, Flannery, George, Roth, Smith AN EMERGENCY ORDINANCE approving the rate charged for basic cable television service by Cox Cable Cleveland Area, Inc., effective July 14, 1994; approving the max/mum permitted rate for equipment rental and installation services; disapproving any equipment rental and installation rates that exceed the approved maximum permitted rates, specifically the rate charged for the equipment rental of Cox Cable's "Converter Box Type 2"; and ordering a refund. WHEREA~, thc City of Lakcwood ("City") is a Cn'amor of a cable telev/sion service franchise to Cox Cable Cleveland Area, Inc. ("Grantee"); WHEREAS, in accordance w/th applicable pmv/sions of the Cable Consumer Protection and Competit/on Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the City has undertaken all appropriate procedural steps to regulate the basic cable serv/ce tier and retated installation and equipment charges; and WHEREAS, pursuant to FCC regulations, on or about August 15, 1994, the City received from Grantee the FCC Forms 1200, 1205 and 1215 (collectively, the FCC 1200), which were incomplete and required further supporting clarification data; and WI-IEREAS, it was necessary for the City to request the required supporting information from the Grantee in order tn determine the propriety of Grantee's basic cable service rates and related installation and equipment rates; and WI-IERP_a~, the Cites time deadline for approving or disapproving Grantee's rate, pursuant to FCC regulation, tolled pending submission of the required supporting intbrmation from the Grantee; and WHEREAS, the City received correspondence from Grantee containing certain responses to the information requested but which failed to provide a completed filing of the FCC Form 1200; and WEEREAS, it was necessary tbr the City to request justification for Grantee's use of financial and other dam at the "system level" instead of at the "franchise leveF as required by the FCC; and WHEREAS, the FCC Form 1200 remained "facially incomplete" after the City received from Grantee a "Summary Schedule", on or about September t4, 1995 needed to complete the FCC Form 1205 tiling, that contained incorrect information regarding the actual equipment rental and installation rates as of Jaly 14, 1994; and WHEREAS, it was necessary tbr the City to make multiple requests tbr a Summary Schedule containing and certifying the correct actual equipment rental and installation rates as of the July 14, 199a; and WI-IEREAS, on October 12, 1995, it was necessary, tbr the City to issue an accounting order. pursuant to 47 C.F.R. §76.933, which preserved the City's right to rule on the equipment rental anti installation service rates sought to be justified by the FCC 1205; and WI-IEREAS, Grantee submitted several Summary Schedules certit¥inu/ts actual rates as of July 14. 1994, with a final submission received by the ~i.nt on September2 2~ 1995: and WHEREAS, ail rate justification/ntbrmation supplied to the City bv Grantee is on tile with the Council Clerk and made a part or'this Ordinance ~ ret~rence: and