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HomeMy WebLinkAboutMINUTES - 12131994 - 1.87 .�5`7 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing Century to Keep ) Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 94/615 Extending the Time for County Review of ) (ACCOUNTING ORDER) Century' s Rates ) WHEREAS, the County of Contra Costa ( "County" ) is certified to regulate basic cable service rates pursuant to the 1992 Cable Act ( "the Act" ) and FCC Rules, and WHEREAS, the County adopted an Ordinance ( "Ordinance" ) prescribing procedures for rate regulation consistent with the Act and FCC Rules, and is regulating basic cable rates, and WHEREAS, on or about June 4 , 1994 , Century submitted to the County an FCC Form 393 and on or about August 15, 1994 Century submitted an FCC Form 1200, with a schedule of existing rates for basic service tier and associated equipment, and the County ordered the tolling of the review of such rates as set forth in a previous board order, and WHEREAS, on or about September 29, 1994, Century consented in writing to a further tolling of the review of FCC Form 393 to and including December 13, 1994, and WHEREAS, the initial and partial submissions of Century with respect to the rates in issue require clarification and amplification, and WHEREAS, the County has requested from Century additional .documentation to support the rates, and WHEREAS, the County desires to grant additional time to Century to submit the requested documentation and, at the same time, to protect the regulatory discretion of the County, and WHEREAS, in the absence of this action, the County would have no choice but to disapprove Century' s rates based upon the presently inadequate material submitted by Century. NOW, THEREFORE, the Board resolves as follows : 1 . Pursuant to the authority, provisions and requirements of section 76 . 933(c) of the FCC Rules, the County does hereby direct Century to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf the amounts were paid. 2 . Pursuant to the authority, provisions and requirements of section 76 . 937 (e) of the FCC Rules, the Board does hereby direct Century to submit the requested documentation to the Cable TV Administrator by February 1, 1995 . 3 . The Cable TV Administrator is authorized and directed to receive the requested documentation from Century, to analyze the documentation with assistance from the County Auditor' s Office, and to prepare a report and recommendations to the Board. 4 . In the event that the requested documentation is not received by February 1, 1995, the Cable TV Administrator is directed to prepare a report and recommendations to the Board using the best information available, as provided in section 76 . 937 (e) of the FCC Rules . 5 . Whether or not the requested documentation is received from Century, the Board shall have until April 25, 1995 to issue a written decision on Century' s rates, as provided in section 76 . 936 of the FCC Rules . 6 . The Clerk of the Board is hereby directed to mail a copy of this resolution by first class mail to Century. I hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 13th day of December PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors . cc : Century Cable By:St ' Cable TV Administrator Deputy Clerk County Counsel REV t5ED I . 8. 7 b IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing Viacom to Keep ) Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 94/614 Extending the Time for County Review of ) (ACCOUNTING ORDER) Viacom's Rates ) WHEREAS, the County of Contra Costa ("County") is certified to regulate basic cable service rates pursuant to the 1992 Cable Act ("the Act") and FCC Rules, and WHEREAS, the County adopted an Ordinance ("Ordinance") prescribing procedures for rate regulation consistent with the Act and FCC Rules, and is regulating basic cable rates, and WHEREAS, on or about June 15, 1994, Viacom submitted to the County an FCC Form 393 and on or about August 15, 1994, Viacom submitted an FCC Form 1200, with a schedule of existing rates for basic service tier and associated equipment, and the County ordered the tolling of the review of such rates as set forth in a previous board order, and WHEREAS, on or about September 30, 1994, Viacom and the County agreed in writing to a further tolling of the review of FCC form 393 rates to and including December 10, 1994 and agreed to extend the time until December 13, 1994 for Board of Supervisors action, and WHEREAS, the initial submissions of Viacom with respect to the rates in issue require clarification and amplification, and WHEREAS, County needs additional information and time to complete its review, and WHEREAS, in the absence of this action, the County would have no choice but to disapprove Viacom's rates based upon the presently incomplete review process. NOW, THEREFORE, the Board resolves as follows: 1. Pursuant to the authority, provisions and requirements of section 76.933(c) of the FCC Rules, the County does hereby direct Viacom to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf the amounts were paid. 2. Pursuant to the authority, provisions and requirements of section 76.937(e) of the FCC Rules, the Board does hereby direct Viacom to submit the requested documentation to the Cable TV Administrator by February 1, 1995. 3. The Cable TV Administrator is authorized and directed to receive the requested documentation from Viacom, to analyze the documentation with assistance from the County Auditor's Office, and to prepare a report and recommendations to the Board. 4. In the event that the requested documentation is not received by February 1, 1995, the Cable TV Administrator is directed to prepare a report and recommendations to the Board using the best information available, as provided in section 76.937(e) of the FCC Rules. 5. Whether or not the requested documentation is received from Viacom, the Board shall have until April 25, 1995 to issue a written decision on Viacom's rates, as provided in section 76.936 of the FCC Rules. 6. The Clerk of the Board is hereby directed to mail a copy of this resolution by first class mail to Viacom. I hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 13th day of December PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors. cc : 'Viacom Cable Cable TV Administrator BS'' County Counsel Deputy Clerk Resoluti.via IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing TCI to Keep ) Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 94/ 613 Extending the Time for County Review of) (ACCOUNTING ORDER) TCI ' s Rates ) WHEREAS, the County of Contra Costa ( "County" ) is certified to regulate basic cable service rates pursuant to the 1992 Cable Act ( "the Act" ) and FCC Rules, and WHEREAS,. the County adopted an Ordinance ( "Ordinance" ) prescribing procedures for rate regulation consistent with the Act and FCC Rules, and is regulating basic cable rates, and WHEREAS, on or about August 15, 1994, TCI submitted to the County an FCC Form 1200, with a schedule of existing rates for basic service tier and associated equipment, and the County ordered the tolling of the review of such rates as set forth in a previous board order, and WHEREAS, the initial and partial submissions of TCI with respect to the rates in issue require clarification and amplification, and WHEREAS, County has requested from TCI additional documentation to support the rates, and WHEREAS, the County desires to grant additional time to TCI to submit the requested documentation and, at the same time, to protect the regulatory discretion of the County, and WHEREAS, in the absence of this action, the County would have no choice but to disapprove ICI 's rates based upon the presently inadequate material submitted by TCI . NOW, THEREFORE, the Board resolves as follows : 1 . Pursuant to the authority, provisions and requirements of section 76 . 933 (c) of the FCC Rules, the County does hereby direct TCI to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf the amounts were paid. 2 . Pursuant to the authority, provisions and requirements of section 76 . 937 (e) of the FCC Rules, the Board does hereby direct TCI to submit the requested documentation to the Cable TV Administrator by February 1, 1995 . 3 . The Cable TV Administrator is authorized and directed to receive the requested documentation from TCI , to analyze the documentation with assistance from the County Auditor' s Office, and to prepare a report and recommendations to the Board. 4 . In the event that the requested documentation is not received by February 1, 1995, the Cable TV Administrator is directed to prepare a report and recommendations to the Board using the best information available, as provided in section 76 . 937 (e) of the FCC Rules . 5 . Whether or not the requested documentation is received from TCI, the Board shall have until May 16, 1995 to issue a written decision on TCI ' s rates, as provided in section 76 . 936 of the FCC Rules . 6 . The Clerk of the Board is hereby directed to mail a copy of this resolution by first class mail to TCI . I hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the cc : TCI Cable Board of Supervisors affixed this Cable TV Administrator 13th day of DeceTber County Counsel PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors . By: -C / Deputy Clerk