Resolution - 9089•
•
RESOLUTION NO. 9089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, PURSUANT TO
SECTION 76.933(C) OF THE RULES AND REGULATIONS
OF THE FEDERAL COMMUNICATIONS COMMISSION
DIRECTING THE CABLE OPERATOR TO KEEP AN
ACCURATE ACCOUNT OF ALL AMOUNTS RECEIVED BY
REASON OF THE RATES IN ISSUE AND ON WHOSE
BEHALF SUCH AMOUNTS WERE PAID
WHEREAS, the City of West Covina (the "City") has been
certified by the Federal Communications Commission (the
"Commission") to regulate the Basic Service Tier, and associated
equipment, which -certification was effective on November 13, 1993;
and
WHEREAS, the City has provided written notice of said
certification to Crown Cable (the "Operator") on December 7, 1993;
and
WHEREAS, the City has adopted regulation with respect to the
Basic Service Tier and associated equipment that are consistent
with the regulations prescribed by the Commission; and
WHEREAS, the City has adopted procedural laws and regulations
applicable to rate regulation proceedings which provide a
reasonable opportunity for consideration of the views of interested
parties; and
WHEREAS, the City has delivered a written request to the
Operator to file its schedule of rates for the Basic Service Tier
and associated equipment with the City on December 7, 1993; and
WHEREAS, the Operator has filed with the City an FCC Form 393
on January 5, 1994; and
WHEREAS, on February 1, 1994, the City issued an order
pursuant to Section 76.933(b) of the Rules and Regulations of the
Federal Communications Commission stating that it was unable to
determine based upon the materials submitted by the Operator that
the existing or proposed rates were within the Commission's
permitted Basic Service Tier charge or actual cost of equipment and
that the City was tolling the thirty -day deadline found in Section
76.933(a) of the Commission's Rules and Regulations for the purpose
of requesting and/or considering additional information or to
consider the comments from interested parties for an additional
ninety days; and
WHEREAS, the City has not made a final decision approving,
disapproving, or conditionally approving, or otherwise, the
Operator's proposed rates and charges as found in the FCC Form 393
dated January 4, 1994; and
WHEREAS, the City hereby expresses its intent to reserve the
right to order future refunds and/or credits if the City
subsequently issues a written decision disapproving any portion of
such proposed rates and charges for the Basic Service Tier and
associated equipment pursuant to Section 76.933(c) of the Rules and
Regulations of the Commission; and
WHEREAS, the City now directs the Operator to keep an accurate
account of all amounts received by reason of the proposed rates and
charges for the Basic Service Tier and associated equipment and
complete and accurate records indicating on whose behalf such
amounts were paid.
5/3/ /CGRESO/CBLE CCTAEC
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Operator is hereby directed pursuant to
Section 76.933(c) of the Rules and Regulations of the Commission to
keep an accurate account of all amounts received by the Operator by
reason of the rates and charges for the Basic Service Tier and
associated equipment as found in the FCC Form 393 dated January 4,
1994 and to further keep full and accurate records indicating on
whose behalf such amounts were paid.
Section 2. The Operator is hereby directed to provide
copies of the accounts and records specified in Section 2 above to
the City Manager, or his designee, upon his written direction.
Section 3. The City hereby reserves any right and remedies
which it may possess in relation to rates and charges for the Basic
Service Tier and associated equipment which are found to be in
excess of the amounts authorized by the Rules and Regulations of
the Commission.
Section 4. This Resolution shall become effective as of
the date of adoption.
PASSED, APPROVED, and ADOPTED this 3rd day of May, 1994 by the
City Council of the City of West Covina by the following votes:
AYES: MEMBERS: Manners, Touhey, Wong, Herfert, & McFadden.
NAYES: MEMBERS: None.
ABSTAIN: MEMBERS None.
Approved as to form:
PAS Q �� 6L C)Q - Yl/1A - ay o
Eliz Beth Hanna -Dixon
City Attorney
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