HomeMy WebLinkAboutMINUTES - 07191988 - T.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 19, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson
NOES: Supervisor Schroder
ABSENT: None
ABSTAIN: None
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SUBJECT: Viacom Cablevision Appeal
On July 12, 1988 the Board fixed this date to hear
Viacom' s appeal of the decision of the Franchise Administrator
relative to franchise fee deficiencies.
Sara Hoffman, Franchise Administrator, commented on the
1977 FCC ruling which rescinded the exclusion of premium pay cable
service receipts from the definition of income subject to a
franchise fee and thus subjecting premium pay cable services to a
franchise fee. She noted that the other cable companies operating
in the County have paid on premium services since 1977, but Viacom
has never done so. Ms. Hoffman advised that while technically the
Board could request a, 10 year backpayment, to the date of the FCC
ruling, the current cable ordinance ( 82-28) limits backpayment to 3
years and she recommended that that timeframe be followed. She
recommended that the Board deny Viacom' s appeal and affirm the
. assessment of $36,991. 32 for franchise fee deficiencies for 1985 ,
1986 and 1987.
Dee Trotta, General Manager, Viacom Cablevision,
referred to a letter from Viacom dated December 5, 1977 addressed
to the Board of Supervisors expressing Viacom' s understanding that
the County' s cable ordinance would have to be modified in order to
collect fees on premium services. She noted that the County did
not modify the cable ordinance at that time and therefore Viacom
has not included premium pay cable services in the calculation of
their franchise fees. She requested that the Board reverse the
retroactive assessment of fees.
Supervisor Tom Torlakson inquired as to the legal
aspects of Viacom' s 1977 request for clarification of the cable
ordinance and request for exemption of premium services.
In response Victor Westman, County Counsel, advised that
the ordinance applied to gross revenues and when the FCC lifted the
restrictions on premiums services the County ordinance became fully
operative.
Supervisor Robert Schroder noted that he would support
granting the appeal in view of the fact that the County had not
previously notified Viacom of the deficient franchise fees.
After further discussion, IT IS BY THE BOARD ORDERED
that the appeal of Viacom Cablevision is DENIED.
IT IS FURTHER ORDERED that the Cable Franchise
Administrator' s assessment of $36,991. 32 from Viacom for franchise
fee deficiencies for 1985, 1986 and 1987 is AFFIRMED.
1 hereby certify that this Is a true and correctcopyof
cc: Viacom an action taken and entered on the minutes of the
County Administrator Board of Supervisors on the date shown.
County Counsel XTTESTED: /q+ az
PHIL B • CHEL :3, Geri of the Board
of Supervisors and County Administrator
By Deputy