Res 94-047RESOLUTION NO. 94-047
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 SOUTHWESTERN CABLE TV
(SOUTHWESTERN), SEEKING COMMENT WHY A PRESPECTIVE RATE REDUCTION,
PRESCRIBING RATES AND CHARGES FOR BASIC SERVICE TIER AND REFUNDS SHOULD
NOT BE ORDERED, AND DIRECTING SOUTHWESTERN TO KEEP AN ACCURATE ACCOUNT OF
ALL AMOUNTS RECEIVED BY REASON OF THE RATES OF 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
Southwestern Cable TV, ("Southwestern") on November 10, 1993, 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 Southwestern to file
their schedule of rates for the Basic Service Tier and associated equipment
with the City on November 10, 1993; and
WHEREAS, on December 7, 1993, Southwestern filed with the City a FCC
Form 393 dated December 1, 1993; and
WHEREAS, the City notified Southwestern on December 27, 1993, pursuant
to Section 76.933(b) of the FCC Rules and Regulations that it was unable to
determine based upon the materials submitted by Southwestern 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, Southwestern's proposed rates and
charges as found in the FCC Form 393; and
Resolution No. 94-047
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 December 1, 1993,
for Southwestern 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 10, 1994, a copy of which is
on file in the City Clerk's Office.
SECTION 2
Southwestern is hereby directed pursuant to Section 76.933(c) of FCC Rules and
Regulations to keep an accurate account of all amounts received by
Southwestern 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
Southwestern 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 Southwestern
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 Southwestern 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
Southwestern 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 Southwestern 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. 94-047
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
76.942 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 26th day of April, 1994.
Don Higginson, Ma3(fd)~
ATTEST:
Marjori~ Wahlsten, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify that the foregoing Resolution, No.94-047 , was duly adopted by the
City Council at a meeting of said City Councl-il-~l-d on the 26th 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
Marjodie\K. Wahlsten, City Clerk