HomeMy WebLinkAboutMINUTES - 10011996 - SD1 TO: BOARD OF SUPERVISORS ,E.......L.-
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FROM: Phil Batchelor, County Administrator Costa
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�a.•:�_ �4p¢ County
DATE: September 17, 1996
SUBJECT: REFUND OF PORTION OF BASIC SERVICE TIER RATES OVER $24.84 BY
CENTURY CABLE OF NO. CALIFORNIA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ISSUE a written decision ordering Century Cable of No. California ("Century Cable")
to refund to subscribers the portion of previously paid Basic Service Tier Rates in
excess of$24.84 from May 1, 1996 until the Basic Service Tier Rate is rolled back
to $24.84
REQUIRE Century Cable to submit a refund summary to the Cable TV Administrator
within thirty (30) days and to refund the overcharges to subscribers in the form of a
one-time rebate within sixty (60) days.
FINANCIAL IMPACT:
Franchise fees paid on the overcharges collected will need to be reimbursed to
Century Cable by the County. The determined amount will be subtracted from
Century's next 1996 franchise fee payment. Based on estimates, this amount
should not exceed $ 1,000.
BACKGROUND:
Communications Support Group was retained to review the FCC Form 1240 filed
with Contra Costa County February 1, 1996. The review concluded that the
Maximum Permitted Rate for the Basic Service Tier exceeded appropriate amounts
as calculated under the rules of the Commission. The new basic rate should be
$24.84 rather than $25.26.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_ APPROVE OTHER
SIGNATURE(S): &&2�e
ACTION OF BOARD ON October 1, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENTy ) 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 October 1, 1996
Contact: Patricia Burke PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
The $25.26 rate has been charged Century Cable subscribers since May 1, 1996.
Therefore, a refund will be due the subscribers.
In accordance with Section 76.942 of the FCC rules Century Cable of No. California
has been notified of the refund. Pursuant to Section 76.936 of the FCC rules, a
written decision in a ratemaking proceeding must be issued whenever the Board of
Supervisors disapproves an initial rate for the Basic Service Tier and the text of such
decision must be made available to the public.
2
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WRITTEN DECISION OF THE COUNTY OF
CONTRA COSTA(THE "COUNTY") RELATING TO
CERTAIN REFUND LIABILITY AND THE
PRESCRIPTION OF MAXIMUM PERMITTED RATES
WHEREAS, the County of Contra Costa (the "County") has been certified by the Federal
Communications Commission (the "Commission") to regulate rates for the Basic Service Tier
("BST"), associated equipment rates, and installation rates; and
WHEREAS, the County provided written notice of said certification to Century Cable of No.
California (the "Operator"); and
WHEREAS, the County adopted procedural laws and regulations applicable to rate regulation
proceedings which provide a reasonable opportunity for consideration of the views of interested
parties; and
WHEREAS, the County delivered a written request to the Operator to file its schedule of rates
for the BST, associated equipment and installation with the County; and
WHEREAS, the Operator filed with the County FCC Form 1240 dated February 1, 1996; and
WHEREAS, the Operator filed an amended FCC Form 1240 dated March 29, 1996; and
WHEREAS, the County has ninety days to review the rate before its implementation and
twelve months after the rate request to order a prospective rate reduction and refund pursuant to
Section 76.933(g) of the Rules of the Commission; and
WHEREAS, the County retained the services of Communications Support Group to review
the FCC Form 1240; and
WHEREAS, Communications Support Group's review concluded that the Maximum Permitted
Rate for the Basic Service Tier as contained in the FCC Form 1240, exceeded appropriate amounts
as calculated under the Rules of the Commission; and
WHEREAS, the Operator does not dispute the conclusions of the Communications Support
Group as they relate to the Maximum Permitted Rates; and
WHEREAS, a public hearing was held upon the FCC Form 1240 on September 17, 1996 (the
"Public Hearing"); and
WHEREAS, the Operator was given the opportunity to present evidence oral and written, in
relation to its FCC Form 1240 and did not present evidence at the Public Hearing; and
WHEREAS, the Public Hearing was closed and the County is now legally entitled to take final
action upon the FCC Form 1240; and
NOW, THEREFORE, the County does hereby order as of the date hereof, as follows:
Section 1. The Maximum Permitted Rate for the Basic Service Tier subject to the
jurisdiction of the County is $24.84 rather than $25.26..
Section 2. The Operator shall refund to subscribers within unincorporated Contra Costa
County all excess charges (i.e., amounts received from subscribers that exceed the Maximum
Permitted Rate for the Basic Service Tier)with applicable interest during the period from May 1, 1996
through implementation of the new $24.84 rate. The Operator shall provide the County with a
calculation of the amounts to be paid to subscribers of record by way of direct payment, credit, or
refund. Application of said refund credits to subscribers of record shall be made within sixty (60)days
of the date of this written decision.
Section 3. The Operator shall adjust its existing rate for the Basic Service Tier to $24.84
within sixty (60) days of the date of this written decision.
Section 4. Public notice shall be given of this decision by posting the attached notice in
the County Administration Building and the text of this decision shall be released upori request to any
interested member of the public, as required by Section 76.936(b) of the FCC Cable Regulations.
Dated: October 1, 1996
BOARD OF SUPERVISORS, COUNTY
OF CONTRA COSTA
By: a4g�:
Board a'
ATTEST:
Phil Batchelor, Clerk
of the Board of Supervisors and
By: AA
Deputy Clerk
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