HomeMy WebLinkAbout94-252 • CITY OF LAREVILLE, MINNESOTA
RESOLUTION NO. 94-252
REGARDING REGULATI08 OF RATES CHARGED FOR
BASIC CABLE SERVICE AHD RELATED EQUIPMEPT
WI~REAS, the City of Lakeville, Minnesota ("City") granted
a Cable Television Franchise Ordinance ("Ordinance") to Marcus
Cable ("Franchisee"); and
WHEREAS, in accordance with applicable provisions of the
Cable Consumer Protection and Competition 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 rates charged by
Franchisee for the basic cable service tier and related
equipment; and
WI~REAS, in accordance with applicable FCC regulations,
the City filed FCC Form 328 Certification of Franchising
Authority to Regulate Basic Cable Service Rates and Initial
Finding of Lack of Effective Competition with the FCC; and
• WI~REAS, in accordance with applicable FCC regulations,
the City passed and adopted an Ordinance governing the
procedures and standards for .the regulation of rates; and
WHEREAS, the City sent to Franchisee a letter notifying
Franchisee that the City had been certified by the FCC via Form
328 and had adopted rate regulations consistent with FCC
regulations and further requested that Franchisee complete and
return to the City applicable FCC rate regulation forms for the
purpose of establishing maximum permitted rates; and
WHEREAS, on or about November 4, 1994 the City received
Franchisee's completed FCC Forms 1200, 1205, 1210 and 1215; and
WHEREAS, .the City asked the Minneapolis law firm of Moss &
Barnett to provide assistance to the City for review of
Franchisee's FCC rate. regulation forms; and
WI~RF.piS, the City extended the time period for review of
Franchisee's FCC Form 1200, 12.05, 1210 and 1215 for an
additional 90 days; and
WHEREAS, the City, in order to accomplish its review in a
timely manner, scheduled for December 5, 1994 sufficient
•
t
• time for the purpose of reviewing Franchisee's FCC rate
regulation forms and related rate regulation information; and
WHEREAS, the City conducted a meeting open to the public
on December 5, 1994 to ensure that all interested parties had
ample opportunity to present information to the City; and
WHBREAS, based upon the City's December 5, 1994 meeting
and all information and advice from Mass & Barnett and City
Staff, the City determined to make the below listed Orders for
Action.
HOW, THEREFORE, in a regular meeting of the City of
Lakeville, Minnesota dated December 5, 1994, the following is
resolved:
ORDERS FOR ACTIOP
1. The City hereby adopts and makes a part of this
Resolution all documents referenced above.
2. Pursuant to FCC regulations, the City hereby
determines that the rates identified by Franchisee in
Franchisee's November 4, 1994 filing of FCC Forms
• 1200 and 1210 are reasonable and are in compliance
with applicable federal law and FCC regulations and
therefore Franchisee shall be permitted to charge not
more than the following basic service tier rates
(eac~lusive of any franchise fees) for the time
periods specified below:
a. For the time period July 15, 1994 through August
31, 1994 basic service tier rate of $9.23.
b. For the time period September 1, 1994 through
November 30, 1994 basic service tier rate of
$9.38.
c. For the time period December 1, 1994 going
forward basic service tier rate of $9.56.
3. Franchisee shall immediately undertake any and all
necessary steps,. in accordance with applicable FCC
regulations, to refund to all City of Lakeville
subscribers any and all applicable overcharges based
on the maaimum permitted rates specified in paragraph
no. 2 above and the rates actually charged to
Lakeville subscribers, together with any f ranchise
fees assessed thereon, plus interest, computed at the
• applicable published rates for Internal Revenue
Service taa refunds and additional taz payments.
I ~
4. Pursuant to FCC regulations, the City hereby
determines that the rates identified by Franchisee in
Franchisee's .FCC Form 1205 are reasonable and are in
compliance with applicable federal law and FCC
regulations and therefore Franchisee shall be
permitted to charge not more than the following rates
(exclusive of any franchise fee),:
Installation of Unwired Homes - $26.63
Installation of Prewired Homes - $13.42
Installation of Additional Connections at Time
of Initial install - $10.01
Installation of Additional Connections Requiring
Service Call - $20.02
Relocate - $20.02
Wall or Ceiling Fish - $30.04
Tier Ghange with a Trip - $6.61
5. Franchisee shall immediately undertake any and all
necessary steps, in accordance with applicable FCC.
regulations, to refund to all City of Lakeville
subscribers any and all applicable overcharges based
on the mazimum permitted rates specified in paragraph
no. 4 above and the rates actually charged to
Lakeville subscribers, together with any franchise
fees assessed thereon, plus interest, computed at the
. applicable .public rates for Internal Revenue Service
taz refunds and additional taz payments beginning
July 15, 1994 going forward.
This resolution is passed and adopted by the City of
Lakeville, Minnesota this 5th day of December, 1994
CITY O ILLS INPESOTA
By:
ItS : ayor
Attest: ~~~G~~,~ s ~
City Clerk
10412140
•