HomeMy WebLinkAboutMINUTES - 12131994 - 1.9 (2) TO: BOARD OF SUPERVISORS S L•. Contra
Phil Batchelor, County Administrator / Costa
FROM: os
l
DATE:
December 5, 1994 '-- ��`�
sr�'Ce6VCounty
*
APPROVE CONCORD. TV CABLE'S FCC FORM 393 (BASIC SERVICE TIER RATES) .
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE the Federal Communications Commission (FCC) Form 393
submitted by Concord TV Cable for the Basic Service Tier Rates for
the period through July 14, 1994 .
FINANCIAL IMPACT:
None.
BACKGROUND:
On or about June 14, 1994, Concord TV Cable submitted a Federal
Communications Commission (FCC) Form 393 to the Cable TV
Administrator for review by the County (certified to regulate the
basic service tier rates in August, 1993) . The review time was
tolled by the Board of Supervisors on July 12 , 1994 as authorized by
the FCC rate regulations for an additional ninety days to allow
review by staff.
Since additional time was needed for review, Concord TV Cable
agreed to extend the review time until November 15, 1994 . On
November 3, 1994, the Cable TV Administrator and Paul Abelson of
the Auditor' s Office met with Concord TV Cable to review the FCC
Form 393 .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S): 6114 L
;;17e�
ACTION OF BOARD ON DEC i 3 9994 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
v UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
DEC 13 199
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Concord TV Cable SUPERVISORS AND COUNTY ADMINISTRATOR
David Schmidt, County Counsel ' s Office
Cable TV Administrator
BY ,DEPUTY
-2-
After completing the review and receiving the requested letter
attached that states there were no material year-end financial
adjustments in 1993 for Concord TV Cable, staff determined that
Concord TV Cable had calculated the basic service tier rates
consistent with established FCC guidelines, indeed their actual
rates were in some cases less than those permitted and that there
is no refund liability for the period covered by the FCC Form 393
(September 30, 1994 through July 14, 1994) .
Therefore, staff recommends that the Board approve the FCC Form 393
submitted by Concord TV Cable.
Iq�
WESTERN
WCOMMUNICATIONS
JAMES L. CLANCY
Vice President of Finance
NOV ? ? ! :
November 21, 1994 I =
OC, �r-
i ICE 0b,
COUNTY ADIVIII'iST""
Ms. Patricia Burke
County Administrative Building
651 Pine Street
Eleventh Floor
Martinez, CA 94553
Dear Ms. Burke,
I am writing to you as requested by Johnnie D. Giles and on behalf of
Western Communications with regards to your request for a letter
representing that Concord TV Cable had no material year-end financial
adjustment in 1993. I can in fact make that representation and do so
with this letter. In addition, Western Communications as a whole had
no material year-end financial adjustments for 1993. Please feel free
to call me directly if you have any questions in regards to this letter.
Sincerely,
7
Jim Clancy
Vice President of Finance
JLC/cros
Rincon Annex Station Post Office Box 193942 San Francisco, CA 94119
Two Rincon Center • 121 Spear Street, Suite 203 San Francisco, CA 94105
Phone (415) 896-5000 EXT. (231) • FAX (415) 896-0236
Federal Communications Commission Approved by 01618
Washington, D.C. 20554 1060-0571
FCC 393 = PART 1 Expires 06/30/96
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code Date -
CA0441 16/8/94
Name of Cable Operator
Concord TV Cable
Mailing Address
2450 Whitman Road
City State Zip Code
Concord California 194518
Person to contact regarding this form:
Alex Zwissler
Telephone Fax Number
(510)687-8470 (510)686-1257
Local Franchising Authority
Conta Costa County
Mailing Address
651 Pine Street, 11 th Floor
City State Zip Code
Martinez California 194553
This form is being filed with respect to:(place an Y In the appropriate box)
F7x basic rate regulation or =able programming service rate regulation
It this torm is being hied in response to a complaint about your cable programming service rates,
please attach a copy of the complaint to this cover sheet
The following sections are to be completed atter you have tilled out the worksheets In PARTS 11 and III and
calculated you actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
Program Service Rate
(1)Number of channels on basic service tier:
23
(2)Current rate for basic service tier:(do not include any franchise fees)
$ 13.50
(3)Maximum permitted per channel rate:(from Line 600,Part II)
$ 0.593
(4)Maximum permitted rate for basic service tier(exclusive of any franchise fee):
(multiply(1)by(3)above) $ 13.63
NOTE: It your current rate for the basic tier(entry 2)exceeds the maximum permitted rate for that tier(entry 4),you must
submit a cost-ot service showing or your basic service rate will be reduced to the maximum permitted level shown In entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the basic service tier to the
maximum permitted level. Whether you itemize them or not,any franchise fees you pay for the basic service Her should be
added to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.985.
FCC 393 (Page 3)
August 1993
Federal Communications Commission Approved by OMB
Washington, D.C. 20554 3060-0571
FCC 393 - PART I Expires 06/30/06
REQUEST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Identification Code Date - --
CA0441 1618/94
Name of Cable Operator
Concord TV Cable
Mailing Address
2450 Whitman Road
City State Zip Code
Concord California 94518
Person to contact regarding this form:
Alex Zwissler
Telephone Fax Number
(510)687-8470 1(510)686-1257
Local Franchising Authority
Conta Costa County
Mailing Address
651 Pine Street, 11 th Floor
City State Zip Code
Martinez California 94553
This form is being filed with respect to:(place an Y in the appropriate box)
F7x basic rate regulation or =able programming service rate regulation
It this form is being tiled in response to a complaint about your cable programming service rates,
please attach a copy of the complaint to this cover sheet
The following sections are to be completed after you have filled out the worksheets in PARTS II and ill and
calculated you actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
Program Service Rate
(1)Number of channels on basic service tier:
23
(2)Current rate for basic service tier:(do not include any franchise fees)
$ 13.50
(3)Maximum permitted per channel rate:(from Line 600,Part II)
$ 0.593
(4)Maximum permitted rate for basic service tier(exclusive of any franchise fee):
(multiply(1)by(3)above) $ 13.63
NOTE: If your current rate for the basic tier(entry 2)exceeds the maximum permitted rate for that tier(entry 4).you must
submit a cost-of service showing or your basic service rate will be reduced to the maximum permitted level shown In entry 4.
Franchise fees have been excluded from this analysis in order to compare your monthly rate for the basic service tier to the
maximum permitted level. Whether you itemize them or not,any franchise fees you pay for the basic service tier should be
added to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.985.
FCC 303 (Page 3)
August 1993
WESTERN
COMMUNICATIONS
JAMES L. CLANCY `t'`
Vice President of Financek +
NOV ? 2 "?
November 21, 1994 i =
GFFoCE 0
COUNTY
Ms. Patricia Burke
County Administrative Building
651 Pine Street
Eleventh Floor
Martinez, CA 94553
Dear Ms. Burke,
I am writing to you as requested by Johnnie D. Giles and on behalf of
Western Communications with regards to your request for a letter
representing that Concord TV Cable had no material year-end financial
adjustment in 1993. I can in fact make that representation and do so
with this letter. In addition, Western Communications as a whole had
no material year-end financial adjustments for 1993. Please feel free
to call me directly if you have any questions in regards to this letter.
Sincerely,
Jim Clancy
Vice President of Finance
JLC/ems
Rincon Annex Station Post Office Box 193942 • San Francisco, CA 94119
Two Rincon Center • 121 Spear Street, Suite 203 San Francisco, CA 94105
Phone (415) 896-5000 EXT. (231) • FAX (415) 896-0236
Federal Communications Commission Approved by OMB
Washington, D.C. 20554 3060-0571
Expires 06/30/96
EQUIPMENT AND INSTALLATION RATES
NOTE: Your equipment and installation rates for the basic service tier must not be Included in your program service rate for
that tier,but rather must be completely unbundled. In addition,those equipment and Installation rates must not exceed your
actual costs,Including a reasonable profit. The method for unbundling your equipment and installation rates from the basic
service programming rate,and for determining your permitted equipment and Installation rates,Is prescribed in Part if
(unbundling)and Part Ill(rate-setting)of this form. Enter In the spaces below the rate figures you have calculated irrPart Ill
of this form. Your actual basic service equipment and installation charges may not exceed these rates,although they may be
lower.
PERMITTED ACTUAL
(1) Charges for basic service Installations*(from Lines 6 or 7 of Equipment
and Installation Worksheet)
(a)Hourly rate: OR $ 26,48 $ :265.
(b)Average installation charges:
(1)Installation of unwired homes $ $
(2)Installation of prewired homes $ $
(3)Installation of additional connection at time of initial installation $ $
(4)Installation of additional connection requiring separate installation $ $
(5)Other installations(specify):
Item 1. $ $
Item 2 $ $
Item 3. $ $
(2) Charge for changing tiers(if any)(from Line 29,30,or 31 of Equipment
and Installation Worksheet) $ 1.99 $ 1.99
(3) Monthly charge for lease of remote controls(from Line 14 in Equipment
and installation Worksheet) Em
Remote control type 1: $ 0.00 $ 0.00
Remote control type 2: $ o.32 $ 0.30
Remote control type 3: $ 0.00$ 0.00
(4) Monthly charge for lease of converter boxes(from Line 21 in Equipment
and Installation Worksheet
Converter box type 1: $ 0.00 $ 0.00
Converter box type 2: $ 1.55$ 1.55
Converter box type 3: $ 0.00$ 0.00
(5) Monthly charge for lease of other equipment(from Line 28 in Equipment
and Installation Worksheet
Other equipment(specify)1: $ 0.00 $ 0.00
Other equipment(specify)2: $ 0.00 $ 0.00
Other equipment(specify)3: $ 0.00 $ 0.00
`If you have further charges for additional connections beyond those reflected in your Installation charge,attach a
sheet explaining you calculations and setting forth those additional charges. SEE Note to Equipment and Installation
Worksheet Instructions in Part III of this form.
FCC 393 (Page 4)
August 1993
Federal Communications Commission Approved by OMB
170'RaVigWRAMIMING SERVICE RATES AND EQUIPMENT 3060-0571E:plrss 06/30/98
PROGRAM SERVICE RATES
NOTE:It you have more than one cable programming service tier,attach additional sheets with the following information
for each tier and provide a brief description of the tier. i ier rien Rer4
(1)Number of channels on cable programming service tier:
20 0 0
(2)Current rate for cable programming service tier:(do not include any franchise fees) $ ._ $ $
11.75 0.00 0.00
(3)Maximum permitted per channel rate:(from Line 600,Part II) $ $ $
0.593 0.593 0.593
(4)Maximum permitted rate for cable programming service tier(exclusive of any $ $ $
franchise fee): (multiply(1)by(3)above) 11.85 0.00 = 0.00
NOTE: If your current rate for the cable programming services tier(entry 2)exceeds the maximum permitted rate for that Uer
(entry 4), you must submit a cost-ot service showing or your cable programming service rate will be reduced to the maximum
permitted level shown In entry 4.
Franchise tees have been excluded from this analysis In order to compare your monthly rate for the cable programming service tier
to the maximum permitted level. Whether you Itemize them or not,any franchise tees you pay for the cable programming service
tier should be added to your monthly rate is part of the service when billing your subscribers. See 47 C.F.R. Section 76.985.
EQUIPMENT AND INSTALLATION RATES
NOTE:It equipment used for cable programming service Is also used to receive the basic tier,then It must be Included In
basic service equipment. Similarly,It an Installation Involving cable programming services also involves the basic service tier,
It must be Included In basic service installations. We anticipate that virtually all equipment and installations will involve the
basic service tier and there will thus be no need to complete this part of the cover sheet. However,it you lease equipment
and/or provide some Installation-related service that Involves ONLY your cable programming services,you should complete
the following section.
As for basic service,your equipment and Installation rates for cable programming service must not be Included in your program
service rate for that tier,but rather must be completely unbundled. In addition,those equipment and Installation rates must
not exceed your actual costs,Including a reasonable profit. The method for unbundling your equipment and installation rates
from the basic service programming rate,and for determining your permitted equipment and Installation rates,Is prescribed In
Part 11(unbundling)and Part III(rate-setting)of this form. Enter in the spaces below the rate figures you have calculated In
Part III of this form. Your actual cable programming service equipment and installation charges may not exceed these rates,
although they may be lower.
PERMITTED ACTUAL
(1) Charges for basic service instaliations'(from Lines 6 or 7 of Equipment
and Installation Worksheet) MMENEEM
(a)Hourly rate: OR $ $
(b)Average installation charges:
1.Installation of unwired homes $ $
2.Installation of prewired homes $ $
3.Installation of additional connection at time of initial installation $ $
4.Installation of additional connection requiring separate installation $ $
5.Other installations(specify):
Item 1. $ $
Item 2. $ $
Item 3. $ $
you nave further charges Tora Iona connections beyond those reflected in your installation charge,attacn a sheet
explaining you calculations and setting forth those additional charges. SEE Note to Equipment and Installation
Worksheet Instructions.
PERMITTED ACTUAL
August 1la03
Federal Communications Commission0571
pro oMB
FOY I"WR'AMMING SERVICE RATES AND EQUIPMENT Expires 3060
06/30/66
PROGRAM SERVICE RATES
NOTE:It you have more than one cable programming service tier,attach additional sheets with the following Information
for each tier and provide a brief description of the tier. I ier 2 Fier3ler
(1)Number of channels on cable programming service tier:
20 0 0
(2)Current rate for cable programming service.der:(do not include any franchise fees) $ __,_$_, $
11.75 0.00 0.00
(3)Maximum permitted per channel rate:(from Line 600,Part II) $ $ $
0.593 0.593 0.593
(4)Maximum permitted rate for cable programming service tier(exclusive of any $ $ $
franchise fee): (multiply(1)by(3)above) 11.85 0.00 0.00
NOTE: It your current rate for the cable programming services tier(entry 2)exceeds the maximum permitted rate for that tier
(entry 4), you must submit a cost-ot service showing or your cable programming service rate will be reduced to the maximum
permitted level shown In entry 4.
Franchise fees have been excluded from this analysis In order to compare your monthly rate for the cable programming service tier
to the maximum permitted level. Whether you Itemize them or not,any franchise fees you pay for the cable programming service
tier should be added to your monthly rate as part of the service when billing your subscribers. See 47 C.F.R. Section 76.985.
EQUIPMENT AND INSTALLATION RATES
NOTE:If equipment used for cable programming service is also used to receive the basic tier,then It must be Included in
basic service equipment. Similarly,if an installation Involving cable programming services also Involves the basic service tier,
It must be Included in basic service Installations. We anticipate that virtually all equipment and installations will involve the
basic service tier and there will thus be no need to complete this part of the cover sheet. However,it you lease equipment
and/or provide some installation-related service that Involves ONLY your cable programming services,you should complete
the following section.
As for basic service,your equipment and installation rates for cable programming service must not be Included in your program
service rate for that Uer,but rather must be completely unbundled. In addition,those equipment and installation rates must
not exceed your actual costs,including a reasonable profit The method for unbundling your equipment and Installation rates
from the basic service programming rate,and for determining your permitted equipment and Installation rates,Is prescribed In
Part If(unbundling)and Part Ili(rate-setting)of this form. Enter In the spaces below the rate figures you have calculated In
Part III of this form. Your actual cable programming service equipment and Installation charges may not exceed these rates,
although they may be lower.
PERMITTED ACTUAL
---------------------
(1) Charges for basic service installations'(from Lines 6 or 7 of Equipment
and Installation Worksheet) 1-1
(a)Hourly rate: OR $ $
(b)Average installation charges:
1.Installation of unwired homes $ $
2.Installation of prewired homes $ $
3.Installation of additional connection at time of initial installation $ $
4.Installation of additional connection requiring separate installation $ $
5.Other installations(specify):
Item 1. $ $
Item 2. $ $
Item 3. $ Is
you have further charges fora i ona connections beyond those rellectO in your installation charge,attacn a sheet
explaining you calculations and setting forth those additional charges. SEE Note to Equipment and Installation
Worksheet Instructions.
PERMITTED ACTUAL
Fcc—�asrCr'agi'ar—
August 19Y3
Federal Communications Commission Approved by OMB
Washington. D.C. 20554 3060-0571
Expires 06/30/96
EQUIPMENT AND INSTALLATION RATES
NOTE: Your equipment and Installation rates for the basic service tier must not be included In your program service rate for
that tier,but rather must be completely unbundled. In addition,those equipment and Installation rates must not exceed your
actual costs,including a reasonable profit. The method for unbundling your equipment and Installation rates from the basic
service programming rate,and for determining your permitted equipment and Installation rates,Is prescribed in Part 11
(unbundling)and Part III(rate-setting)of this form. Enter in the spaces below the rate figures you have calculated Iii Part III
of this form. Your actual basic service equipment and Installation charges may not exceed these rates,although they may be
lower.
PERMITTED ACTUAL
(1) Charges for basic service installations'(from Lines 6 or 7 of Equipment
and Installation Worksheet) no=
(a)Hourly rate: OR $ 26.48$ 26.45
(b)Average installation charges:
(1)Installation of unwired homes $ $
(2)Installation of prewired homes $ $
(3)Installation of additional connection at time of initial installation $ $
(4)Installation of additional connection requiring separate installation $ $
(5)Other installations(specify):
Item 1. $ $
Item 2 $ $
Item 3. $ $
(2) Charge for changing tiers(if any)(from Line 29,30,or 31 of Equipment
and Installation Worksheet) $ 1.99 $ 1.99
(3) Monthly charge for lease of remote controls(from Line 14 in Equipment
and Installation Worksheet)
Remote control type 1: $ 0.00 $ 0.00
Remote control type 2: $ 0.32 $ 0.30
Remote control type 3: $ 0.00 $ 0.00
(4) Monthly charge for lease of converter boxes(from Line 21 in Equipment
and Installation Worksheet
Converter box type 1: $ 0.00 $ 0.00
Converter box type 2: $ 1.55 $ 1.55
Converter box type 3: $ 0.00 $ 0.00
(5) Monthly charge for lease of other equipment(from Line 28 in Equipment
and Installation Worksheet
Other equipment(specify)1: $ 0.00 $ 0.00
Other equipment(specify)2: $ 0.00 $ 0.00
Other equipment(specify)3: $ 0.00 $ 0.00
'it you have further charges for additional connections beyond those reflected In your Installation charge,attach a
sheet explaining you calculations and setting forth those additional charges. SEE Note to Equipment and Installation
Worksheet Instructions in Part 111 of this form.
FCC 323 (Page 4)
August 1993
•r Federal Communications Commission Approved by MI
Washington, D.C. 20554 3060-0571
Expires 06/30/94
PERMITTED ACTUAL
(2) Charge for changing tiers(if any)(from Line 29,30,or 31 of Equipment
and Installation Worksheet) $ $
(3) Monthly charge for lease of remote controls(from Line 14 in Equipment
and Installation Worksheet)
Remote control type 1: $
Remote control type 2: $ $
Remote control type 3: $ $
(4) Monthly charge for lease of converter boxes(from Line 21 in Equipment
and Installation Worksheet
Converter box type 1: $ $
Converter box type 2: $ $
Converter box type 3: $ $
(5) Monthly charge tot lease of other equipment(from Line 28 in Equipment
and Installation Worksheet
Other equipment(specify)1: $ 777 Other equipment(specify)2: $
Other equipment(specify)3: $
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S.CODE TITLE 18,SECTION 1081),AND/OR FORFEITURE(U.S.CODE,TITLE 47,SECTION 503).
I certify that the statements made In this form are true and correct to the best of my knowledge and belief,and are made
In good faith.
Name of Cable Operator signatur
Concord TV Cable
Date � Title
FCC 393(Page 6)
August 199: