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?LACED ON Ist Reading & Referred to
<br />Rules & Ordinances Committee on 4/15/96.
<br />
<br /> PLACED ON ZND READING on 7/1/96.
<br />
<br />ORDINANCE NO: 20-96 BY:Boscia, Corrigan, Flannery,
<br /> George, Roth, Smith
<br />
<br /> AN EMERGENCY ORDINANCE approving the proposed rate increase for basic
<br />cable television service by Cablevision of the Midwest, Inc., d.b.a. Cablevision pursuant to
<br />the FCC Form 1210, effective as of March 1, 1996.
<br />
<br /> WHEREAS, the City of Lakewood ("City") is a Grantor ora cable television
<br />service franchise to Cablevision of the Midwest, Inc. ("Grantee"); and
<br />
<br /> WHEREAS, in accordance with applicable provisions of the Cable Consumer
<br />Protection and Competition ACt of 1992 (hereinafter the "Cable Act") and rules adopted
<br />by the Federal Communications Commission ("FCC"), the City has undertaken all
<br />appropriate procedural steps to regulate the basic cable service tier and related installation
<br />and equipment charges; and
<br />
<br /> WHEREAS, pursuant to FCC regulations, on November 2, 1995, the City
<br />received from Grantee the FCC Form 1210 proposing a rate increase effective as of March
<br />1, 1996; and
<br />
<br /> WHEREAS, pursuant to FCC regulations, on December 1, 1995, 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, on February 27, 1996, in order to allow adequate time for the City to
<br />complete its review and rule on the proposed basic tier rates, the City issued an accounting
<br />order to Grantee, pursuant to FCC 47 C.F.IL Section 76.933, which preserved indefinitely
<br />the City's right to rule on the proposed rates atter expiration of the aforesaid ninety (90)
<br />day period and; if necessary, order a refund; and
<br />
<br /> WHF, KEAS, all rate justification information supplied to the City by Grantee is on
<br />file with the Council Clerk and made a part of this Ordinance by reference; and
<br />
<br /> WI-IEKEAS, the City, in order to allow sufficient time for the purpose of
<br />reviewing Grantee's FCC Form 1200, FCC Form 1210 and related rate regulation
<br />information and providing interested parties, including the Grantee, ample opportunity to
<br />present information to the City;
<br />
<br /> WHEREAS, this ordinance constitutes an emergency measure in that it provides
<br />for the immediate preservation of the public health, safety and welfare and for the usual
<br />daily operation of a municipal department; now, therefore,
<br />
<br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD,
<br />OHIO, THAT:
<br />
<br /> Section 1. Based upon Council's m~ings, the information submitted by the
<br />Grantee, and the advise of the City's cable television legal consultants, the City determines
<br />to make the below listed finding:
<br />
<br /> Grantee's proposed maximum permitted basic tier rate of $6.60 per month
<br /> per subscriber, effective March 1, 1996, as calculated in the FCC Form
<br /> 12 I0, is reasonable under FCC regulations.
<br />
<br /> Section 2. Based upon Council's meetings, the information submitted by the
<br />Grantee, the advice of the City's cable television legal consultants, and the finding in
<br />Section I above, the City determines to make the below listed order:
<br />
<br />
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