HomeMy WebLinkAboutCity Council Resolutions (R-05-2492)-01/04/2005
RESOLUTION R-05-2492
A RESOLUTION AMENDING RESOLUTION R-04-2444 WHICH
ESTABLISHED 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
Communications, Inc. ("Comcast"); and
the City Council approved Resolution R-04-2444 on
September 28, 2004, establishing the Maximum Permitted
Rates for basic cable, equipment and installation charged by
Comcast Communications, Inc. formerly AT&T Broadband
("September 2004 City Rate Order"); and
the September 2004 City Rate Order was appealed to the
Federal Communications Commission ("FCC") and the FCC
determined in its Order in Comcast of Texas 1/, Inc. Order,
CSB-A-0705, issued November 18, 2004, ("FCC Order") that
as the City is expressly limited by federal law to only
regulating the basic tier of cable cervices, which basic tier of
service does not include any channels of the digital tier of
services nor any of the equipment needed to access the
digital tier of services, such as the Digital outlets, the City
did not have cable rate jurisdiction over the Digital additional
outlet charges, which was asserted in Section 6 of the
September 2004 City Rate Order and the FCC remanded
the September 2004 City Rate Order back to the City to
conform to the FCC Order; and
in accordance with the FCC Order, the City is repealing
section 6 pertaining to the Digital additional outlet.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 6 of Resolution R-04-2444 which stated:
"THAT the Digital additional outlet rate of $5.95 is hereby
found unreasonable and Comcast is hereby ordered to
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF ~~AYES, ~~NAYS AND
ABSTENTIONSONTHISTHE4~ DAY OF --"
2005.
D
Resolution R-05-2492
Page 2 of 2
implement the rate of $0 for the Digital additional outlet
effective June 1, 2004"
is hereby repealed.
Sec. 2.
THAT no other sections of Resolution R-04-2444 are
affected by the repeal of Section 6, and that Resolution R-
04-2444 is not otherwise amended or revised.