Res 94-023RESOLUTION NO. 94-023
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, PURSUANT TO
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 Poway (the "City") has been cer'tified by the
Federal Communications Commission (the "Commission") to regulate the Basic
Service Tier, and associated equipment, which certification was effective on
October 7, 1993; and
WHEREAS, the City has provided written notice of said certification to
Southwestern Cable TV (the "Operator") on November 10, 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 November 10, 1993; and
WHEREAS, the Operator has filed with the City an FCC Form 393 on
December 7, 1993; and
WHEREAS, on December 27, 1993, 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 (30) 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 (90) 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 December 1, 1993; 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
Resolution No. 94-023
Page 2
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.
NOW, THEREFORE, The City Council of the City of Poway 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
December 1, 1993, 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 1 above to the City Manager 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 by the city Council of The City of Poway,
California, at a regular meeting thereof, this 22nd day of March, 1994.
ATTEST:
Don Higginson,
Marjor~. Wahlsten, City Clerk
Resolution No. 94~23
Page 3
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify that the foregoing Resolution, No. 94-023 , was duly adopted by the
City Council at a meeting of said City Counci-i~F--)~6T~ on the 22nd day of March,
1994, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marj Wahlsten, City Clerk