HomeMy WebLinkAboutMINUTES - 02061996 - C88 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. 96/49
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 7, 1995, Viacom submitted an FCC Form 1210, and
WHEREAS, on or about December 5, 1995, the County ordered the tolling of the time for review
of the proposed rates for ninety(90) days as authorized by Federal Communication Commission's (FCC)
regulations in Section 76.933, and
WHEREAS, rates established in the FCC Form 1210 are based on rates proposed in Viacom's
FCC Form 1220 which is still under review by the County, and
WHEREAS, the County recognizes that it would be irresponsible to approve "going forward" rates
before completing its review of the base rate established by the FCC Form 1210, and
WHEREAS, the County requires additional time to complete its review of
FCC Forms 1220, 1210, 1205 and most recent FCC Form 1210;and
WHEREAS, Viacom has agreed in writing to waive the one year refund limitation while the County
waits, as agreed, for the FCC to complete its review of these forms for the Cable Programming Services
before completing 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 review the submitted Forms, pursuant to the authority,
provisions and requirements of section 76.937(e) of the FCC Rules, the Board does hereby
direct Viacom to submit any 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, 1997 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 b-'Ot day of,�'..�.w�.
PHIL BATCHELOR, County Administrator and
Clerk of the Board of Supervisors.
r
By:
D uty Clerk
Resoluti.via