HomeMy WebLinkAboutMINUTES - 02141995 - 1.68 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. 91l 74
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 August 15, 1994, Viacom submitted an FCC Form 1220, 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 13, 1994, the County ordered the tolling of the time for review of the
proposed rates for one hundred and fifty (150) days as authorized by Federal Communication Commission's
(FCC) regulations in Section 76.933, and
WHEREAS, initial submissions of Viacom similar to the County's with respect to the rates in issue were
submitted by the City of Antioch to the FCC for their review as authorized by Section 76.933(d), and
WHEREAS,the County recognizes that the FCC has verbally agreed that Antioch's submission is complete
but did not know when their review would be complete, and
WHEREAS, the County acknowledges the exhorbitant amount of time and expense not to mention
expertise that a review of a cost of service showing such as this entails, and
WHEREAS, the County has asked the FCC to consider the review of its FCC Form 1220 along with the
City of Antioch's; and ,
WHEREAS, in the absence of FCC review, the County needs additional time to complete its review.
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. In the event the FCC does not agree to review the submitted FCC Form 1220, pursuant to the
authority, provisions and requirements of section 76.937(e)of the FCC Rules, the Board does hereby
direct Viacom to submit and requested documentation to the Cable TV Administrator.
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 within sixty days after it is requested,
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
February 13, 1996 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 14th day of
February
PHIL BATCHELOR,
County Administrator and
Clerk of the Board of Supervisors.
cc: CAO `
By:
eputy Clerk