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HomeMy WebLinkAboutRESOLUTIONS - 11071995 - 95-539 IN THE BOARD OF SUPERVISORS /,I i OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing Bay Cablevision ) to keep Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 95/539 Extending the Time for County Review of ) (ACCOUNTING ORDER) Bay Cablevision'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 November 24, 1994, Bay Cablevision submitted to the County 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, the County has contracted along with the Cities of Berkeley and Richmond with Public Knowledge, Inc. for the review of Bay Cablevision's Cost-of-Service (FCC Form 1220) showing, and WHEREAS, in March, 1995, Bay Cablevision submitted to the County an FCC Form 1205, which is an update of regulated equipment and installation charges, and WHEREAS, the review of the FCC Form 1220 must be completed before a finding can be provided on the FCC Form 1205, and WHEREAS, the preliminary review of those rates is complete, and WHEREAS, the County requires additional time to complete the review, and WHEREAS, in the absence of this action, the County would have no choice but to disapprove Bay Cablevision's rates based upon the material currently submitted by Bay Cablevision. NOW, THEREFORE, the Board resolves as follows: 1. Pursuant to the authority, provisions and requirements of § 76.933© of the FCC Rules, the County does hereby direct Bay Cablevision 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 Bay Cablevision to submit any additional requested documentation to the Cable TV Administrator no later than January 31, 1996. 3. The Cable TV Administrator is authorized and directed to receive the requested documentation from Bay Cablevision and/or a final report from Public Knowledge, Inc., to analyze the documentation and/or report 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 January 31, 1996, 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 Bay Cablevision, the Board shall have until February 29, 1996 to issue a written decision on Bay Cablevision'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 Bay Cablevision. 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 seventh day of November, 1995. PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors. By: �,JAA,-Z Deputy Clerk Resoluti.Bay