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HomeMy WebLinkAboutMINUTES - 11011994 - 1.36 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. 94/540 Extending the Time for County Review of ) 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 May 20, 1994, TCI submitted to the County an FCC Form 393, 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 20, 1994, TCI consented in writing to a further tolling of the review of such rates to and including October 31, 1994, 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 TCI has agreed to submit such documentation to the County by December 1, 1994, 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 TCI'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 December 1, 1994. 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 December 1, 1994, 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 February 1, 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 TC I. PASSED by unanimous vote of the Board members present on this 1 st day of November, 1994. 1 hereby certify t t the fo egoing is a true and correct copy of a resolution entered on the minutes of said Boa d of S ervisor on th aforesaid. Tom Powerstbhairman Supervisors District 1 Witness my hand and the Seal of the Board CAO - Patricia Burke of Supervisors affixed this 1 st day of November, 1994. PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors.n By- ACI, , l 4 D� J Deputy Clerk