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HomeMy WebLinkAboutCity Council Resolutions (R-04-2308)-02/03/2004 RESOLUTION R-04-2308 A RESOLUTION ESTABLISHING THE MAXIMUM PERMITTED BASIC CABLE RATE AND EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC., FORMERLY AT&T BROADBAND WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Colleyville franchises cable television service for the benefit of its citizens; and the City of Colleyville is the Grantor of a franchise ordinance by and between the City of Colleyville and Comcast Cable Communciations, Inc. ("Comcast"); and the City Council approved Resolution R-02-1944 on July 17, 2002 and Resolution R-02-2042 on October 15, 2002, establishing the Maximum Permitted Rates for basic cable, equipment and installation charged by Comcast Communications, Inc., formerly AT&T Broadband; and in accordance with applicable prOVISions of the Telecommunications Act of 1996 (herein the "Telecom Act") and rules adopted by the Federal Communciations Commission ("FCC") and all other applicable federal and state law and regulations, the City has undertaken all appropriate procedural steps to regulate the basic cable, equipment and installation rates; and in accordance with applicable FCC regulations, the City adopted a Resolution providing for the regulation of rates charged by cable television operators within the City for the basic rates, equipment and installation rates and related equipment and installation charges and providing for a reasonable opportunity for interested parties to express their views concerning basic cable regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the maximum permitted rate for the Form 1240 of $13.89 per subscriber per month should be adopted. Resolution R-04-2308 Page 2 of 3 Sec. 2. THAT the proposed $13.95 rate as reasonable given that it is below the combination of a Form 1240 rate of $13.89 and a Form 1235 rate of $0.81. Sec. 3. THAT the proposed rates of Comcast for equipment lease for the 2003 filing period of June 1, 2003 through May 31, 2004 shall be as follows: Basic only Converter $2.00 Converter Box (all others Including High Definition TV (HDTV) capabilities $4.80 Remote $0.30 Sec. 4. THAT the Hourly Service Charge (HSC) to be used in the development of the installation and equipment rates will be $28.49 for the filing period of June 1, 2003 through May 31, 2004. Sec. 5. THAT the following rates are found to be reasonable to be used in the development of installation rates for the 2003 filing period of June 1, 2003 through May 31, 2004, are hereby attached as Exhibit "A". Sec. 6. THAT the Digital additional outlet rate of $5.95 is hereby found unreasonable and Comcast is hereby ordered to implement the rate of $0 for the Digital additional outlet effective February 6,2004. Sec. 7. THAT Comcast is hereby ordered to implement the foregoing rates identified in Section 2, Section 3 and Section 5, Exhibit "A", effective December 1, 2003, for the period of one year. Sec. 8. THAT Comcast is hereby ordered to refund the differences between the rates charged to subscribers and those established hereby within sixty (60) days of adoption. Resolution R-04-2308 Page 3 of 3 AND IT IS SO RESOLVED. PASSED BY A VOTE OF .s- AYES, 0 NAYS AND o ABSENTIONS ON THE .J'C.o{ DAY OF ~~4.A:.c._ 2004. -J Cynthia Singleton, TRMC Secretary Exhibit "A" Comcast Communications Equipment and Installation Rates Service Install- Unwired Home Install - Prewired Home Install - Additional connect initial Install - Additional connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate Customer Trouble Calls $43.99 $27.99 $13.99 $21.99 $18.99 $ 1.99 $10.99 $15.99 N/A $ 5.99 $12.99 $16.99