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HomeMy WebLinkAboutMINUTES - 03141995 - 1.38 IN THE BOARD OF SUPERVISORS I. 3 OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing Bay Cablevisionp ) to keep Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 95/ 114 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 or about July 8, 1994, Bay Cablevision 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, Bay Cablevision consented in writing to a further tolling of the review of such rates to and including March 31, 1995, and WHEREAS, the initial and partial submissions of Bay Cablevision with respect to the rates in issue require clarification and amplification, and WHEREAS, County has requested from Bay Cablevision additional documentation to support the rates, and WHEREAS, the County desires to grant additional time to Bay Cablevision 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 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 section 76 .933(c) 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 the requested documentation to the Cable TV Administrator no later than March 31, 1995 . 3 . The Cable TV Administrator is authorized and directed to receive the requested documentation from Bay Cablevision, 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 March 31, 1995, 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 May 30, 1995 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 14th day of 14arch .1995 PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors .By: c6u ) Deputy Clerk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Directing Viacom (Bay Point ) to keep Certain Accounting Records and to ) Submit Additional Documentation and ) RESOLUTION NO. 951116 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 November, 1994, Viacom (Bay Point) submitted an FCC Form 1210, and WHEREAS, in December, 1994, the Board of Supervisors issued an order tolling the time for review of the FCC Form 1210 submitted by Viacom for an additional ninety (90) days, and WHEREAS, these rate increases are partially dependent on Viacom's FCC Form 1220 which the County has requested the FCC to review, and WHEREAS,,the review period for the FCC Form 1220 has been extended til February 16, 1996, and WHEREAS, the FCC Form 1220 review should be complete before approving additional increases to that rate. NOW, THEREFORE, the Board resolves as follows- 1. ollows: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. Pursuant to the authority, provisions and requirements of section 76.937(e) of the FCC Rules, the Board does hereby direct Viacom to submit documentation to the Cable TV Administrator upon request. 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. 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 27,1996 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. 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 March 1995. PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors. By: D uty Clerk