Res 94-043RESOLUTION NO. 94-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA PURSUANT TO SECTIONS 76.933(C), 76.936, 76.940
76.941, AND 76.942 OF THE RULES AND REGULATIONS OF THE
FEDERAL COMMUNICATIONS COMMISSION (FCC) PROPOSING THE
DISAPPROVAL OF EXISTING RATES AND CHARGES FOR THE BASIC
SERVICE TIER AND ASSOCIATED EQUIPMENT FOR COX CABLE SAN
DIEGO, INC. (COX), SEEKING COMMENT WHY A PROSPECTIVE RATE
REDUCTION, PRESCRIBING RATES AND CHARGES FOR BASIC SERVICE
TIER, AND REFUNDS SHOULD NOT BE ORDERED, AND DIRECTING COX
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 ("City") was certified by the Federal
Communications Commission ("FCC") to regulate the Basic Service Tier, and
associated equipment on October 7, 1993; and
WHEREAS, the City provided written notice of said certification to Cox
Cable San Diego, Inc., ("Cox") on December 13, 1993, for the new monthly basic
and CPS cable rates effective January 1, 1994 in the City of Poway; and
WHEREAS, the City has adopted regulations with respect to the Basic
Service Tier and associated equipment that are consistent with the regulations
prescribed by the FCC; 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 delivered a written request to Cox to file their
schedule of rates for the Basic Service Tier and associated equipment with the
City on December 13, 1993; and
WHEREAS, on December 29, 1993, Cox filed with the City a FCC Form 393
dated January 1, 1994; and
WHEREAS, the City notified Cox on January 21, 1994, pursuant to Section
76.933(b) of the FCC Rules and Regulations that it was unable to determine
based upon the materials submitted by Cox that the existing or proposed rates
were within FCCs 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 FCC Rules and Regulations for an additional ninety (90)
days for the purpose of requesting and/or considering additional information;
and
WHEREAS, the City has reviewed all relevant information including, but
not limited to, the FCC Form 393, the consultant's report, and other relevant
written evidence; and
WHEREAS, the City has not made a final decision approving, disapproving,
or conditionally approving, or otherwise, Cox's proposed rates and charges as
found in the FCC Form 393; and
Resolution No. 94-043
Page 2
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
FCC Rules and Regulations.
NOW, THEREFORE, the City Council of the City of Poway does hereby
resolve as follows:
SECTION 1
The existing and proposed rates and charges for the Basic Service Tier and
associated equipment as identified in the FCC Form 393 dated January 1, 1994,
for Cox do not appear to be in conformity with FCC benchmark standards in
whole or in part for the reasons, and on the grounds, as contained in the
consultant's report dated March 7, 1994, a copy of which is incorporated into
this resolution by reference as Enclosure 1 and is if fully stated herein.
SECTION 2
Cox is hereby directed pursuant to Section 76.933(c) of FCC Rules and
Regulations to keep an accurate account of all amounts received by Cox by
reason of the rates and charges for the Basic Service Tier as found in the FCC
Form 393, and to further keep full and accurate records indicating on whose
behalf such amounts were paid.
SECTION 3
Cox is hereby directed to provide copies of the accounts and records specified
in Section 2 above to the City Manager upon his and/or her written direction.
SECTION 4
The City hereby reserves any right and remedies which it may possess in
relation to rates and charges for the Basic Service Tier which are found to be
in excess of the amounts authorized by FCC Rules and Regulations.
SECTION 5
The City Council of the City of Poway hereby directs and orders Cox to appear
at 7 p.m. on May 24, 1994, at this location to give evidence and show cause
why the City should not order that Cox implement a prospective rate reduction
and refund previously paid rates and charges to subscribers in excess of the
rates and charges deemed reasonable pursuant to FCC Rules and Regulations
Section 76.923 and 76.941 and 47 USC Section 453.
SECTION 6
Cox is hereby directed and ordered to provide a Refund Plan ("Refund Plan") to
the City within fifteen (15) days prior to the date of the May 24, 1994
hearing, pursuant to which it proposes how to refund to subscribers rates and
charges collected by Cox in excess of the rates and charges contained in the
consultant's report since September 1, 1993, or the earliest date from which
Resolution No. 94-043
Page 3
the refund period may run pursuant to FCC Rules and Regulations, along with
such written evidence and documentation demonstrating the reasonableness and
appropriateness of said Refund Plan under the standards set forth in Section
76.g42 of FCC Rules and Regulations.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Poway,
California at a regular meeting thereof this 19th day of April, 1994.
Don Higginson, Mayo'J~~
ATTEST:
Marjor'~e ~. Wahlsten, City Clerk
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. 94-043 , was duly adopted by the
City Council at a meeting of said City Coun~ on the 19th day of April,
1994, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
a j ri~. Wahlsten, City Clerk