HomeMy WebLinkAboutOrdinance 2523
ORDINANCE NO. 2523
WHEREAS, Charter Communications, on October 1, 1999, made a rate filing on
FCC Form 1205 with the City Secretary; and
WHEREAS, the City has joined a consortium of other cities and has engaged
that services of a cable television rate expert to study said filing; and
WHEREAS, the consortium has approved a CONSENT ORDER as a result of its
negotiations with Charter Communications.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS that:
1.
The CONSENT ORDER APPROVING EQUIPMENT AND INSTALLATION
RATE COST INCREASE which is attached hereto and marked Exhibit "An be, and is
hereby approved.
PASSED and APPROVED this 23rd day of October, 2000.
APPROVED:
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Charles Scoma, Mayor
ATTEST:
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Patricia Hutson, City Secretary
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Rex McEntire, Attorney for the City
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aging Director Community Services
Exhibit "A"
State of Texas
County of Tarrant
The City of North Richland Hills
IN THE MATTER OF:
Application of Marcus Cable )
Associates. L.L.C., for an )
Equipmcnt and Installation Rate )
Incrcase Pursuant to FCC Fonn 1205)
CONSENT ORDER APPROVING
EQUIPMENT AND INSTALLATION
RATE COST INCREASE
October
This cause coming to be heard on the 23rd day of , 2000,
in the City Council Chambers of the City of North Richland Hills. Texas. The City
Council. having received the report of its cable consultant. Connie Canady. hereby
makes the following:
FINDINGS OF FACT
1. Marcus Cable Associates, L.L.C. d/b/a Charter Communications
("Charter") currently holds a franchise from the City of North Richland Hills and
proVides cable teleVision services to the residents of North Richland Hills pursuant
thereto.
2. The City is authoIized by the FCC to regulate certain equipment and
installation rates charged by cable operators within the City of North Richland Hills.
3. On October 1. 1999, Charter submitted to the City of North Richland
Hills an FCC Form 1205 based on year-end 1999 data to meet a mandatory filing date
of November I, 1999 for an effective February I, 2000 rate increase.
4. On February 1. 2000. Charter increased tts advanced analog converter
equipment rates to $3.77 per month which is the current rate in effect as of the date of
this order.
5. The City's cable consultant has reviewed Charter's FCC Fonn 1205 filing
and accompanying data and has questioned whether or not year-end 2000 data would
be more suitable to evaluate the advanced analog converter equipment rates.
6. Given the filing deadline, year-end 2000 data was not available to
Charter until five (5) months after the deadline.
7. Because of the mandatory filing date of November 1 for an effective
Febmary 1 rate increase, there is an inherent regulatory lag.
8. Conditioned upon the City approVing the equipment rate as set forth in
this Order, Charter agrees;
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p.2
a. that the advanced analog converter maximum pennitted rate.
excluding the $1.19 non-addressable converter rate for Basic
only customers. for year 2001-2002 1s Four Dollars and
03/100 ($4.03).
b. not to impose interest on basic rates not actually charged
subsequent to year 2000 up to and including year 2003.
c. For filing period February. 2001 through February. 2003. the
year-end data to be used to support the FCC Fonn 1205 will be
based upon the last full year available prior to filing.
d. That the City and Charter shall address regulatory lag with
respect to the Form 1205 filing by year 2003.
Based upon the foregoing Findings of Fact. IT IS THEREFORE ORDERED,
ADJUDGED AND DECREED BY THE CITY that the current advanced analog converter
equipment rate in effect as of the date of this Order is Three Dollars and 77/100
($3.77) per month.
IT IS FURTHER ORDERED. ADJUDGED AND DECREED that given the filing
deadline. year-end 2000 data was not available to Charter until five (5) months after
the deadline.
IT IS FURTHER ORDERED. ADJUDGED AND DECREED because of the
mandatory filing date of November 1 for an effective February 1 rate increase. there is
an inherent regulatory lag.
IT IS FURrHER ORDERED, ADJUDGED A.J.'ID DECREED that conditioned upon
the City approVing the equipment and installation rate as set forth in this Order.
Charter agrees:
a. that the advanced analog converter maximum pennitted rate.
excluding the $1.19 non-addressable converter rate for Basic
only customers. for year 2001-2002 is Four Dollars and
03/100 ($4.03) and is hereby approved.
b. not to impose interest on basic rates not actually charged
subsequent to year 2000 up to and including year 2003.
c. For filing period February. 2001 through February. 2003. the
year-end data to be used to support the Fonn 1205 will be
based upon the last full year available prior to filing.
d. That the City and Charter shall address regulatory lag with
respect to the Fonn 1205 filing by year 2003.
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10·3
IT IS SO ORDERED AND APPROVED BY TIlE CITY OF NORrH RlCHLAND
HILLS CITY COUNCIL.
Dated this
23rd
day of
October
.2000.
CITY OF NORTH RICHLAJ.'ID HILLS
ATIEST:
MAYOR:
Clerk
WE CONSENT:
ATTEST:
MARCUS CABLE ASSOCIATES. L.L.C.
By: Trudi McCollum Foushee
Vice President and Senior Counsel
Deliver Via Certified Mail to:
With copies to:
Marcus Cable Associates. L.L.C.
Charter Communications. St. Louis. MO
Connie Canady, City of North Richland Hills Cable
Consultant
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