HomeMy WebLinkAboutReso 1994-17472RESOLUTION NO. 17472
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE ISSUANCE OF AN ACCOUNTING
ORDER TO COX CABLE
WHEREAS, the City of Chula Vista is certified to regulate basic cable service rates
pursuant to the 1992 Cable Act ("the Act") and FCC Rules; and,
WHEREAS, the City of Chula Vista adopted Resolution 17245, as amended, prescribing
procedures for rate regulation consistent with the Act and FCC Rules, and is regulating basic
cable rates; and,
WHEREAS, within the past 120 days, Cox Cable San Diego, Inc. submitted to the City
of Chula Vista a FCC Form 393, titled Determination of Maximum Initial Permitted Rate for
Regulated Cable Programming Services and Equipment, with a proposed schedule of rates for
the basic service tier and associated equipment, hereafter "Form 393", and the City of Chula
Vista ordered the tolling of the effective date of such rates as set forth in Resolution 17245;
and,
WHEREAS, because the rates in the Form 393 generally become effective 120 days
from their submission unless the City of Chula Vista has taken action on them and, it is now
apparent that the City of Chula Vista may not take such action within such time period,
therefore to protect the interests of its residents, the City of Chula Vista wishes to direct Cox
Cable San Diego, Inc. to keep an accurate account of all sums received by reason of such
rates and on whose behalf such amounts were paid, such that if and to the extent the City
of Chula Vista later issues a written decision disapproving any portion of such rates that
appropriate refunds may be ordered for subscribers in the City of Chula Vista, as well as
prospective reductions; and,
WHEREAS, the City of Chula Vista possesses the powers conferred by the Act and
FCC Rules, and described in Resolution 17245 and may adopt additional rules applicable to
basic cable service rate regulation proceedings consistent with the Act and FCC Rules and
take any action not prohibited by the Act and FCC Rules to protect the public interest in
connection with basic cable service rate regulation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that pursuant to the Act, the FCC Rules and Resolution 17245, the City of Chula Vista hereby
orders that the proposed schedule of rates submitted by Cox Cable San Diego, Inc. with its
Form 393 shall be allowed to become effective, 120 days from their submission to the City
of Chula Vista, subject to refunds to the earliest date from which the refund period may run
pursuant to the FCC Rules, and to prospective reduction if and to the extent the City of Chula
Vista later issues a written decision disapproving any portion of such rates including all
equipment and installation rates.
BE IT FURTHER RESOLVED that pursuant to the Act, the FCC Rules and Resolution
17245, the City of Chula Vista hereby directs and orders Cox Cable San Diego, Inc. to keep
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Resolution No. 17472
Page 2
an accurate account of all amounts received by reason of the rates proposed with the Form
393 and on whose behalf such amounts were paid.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
directed to mail a copy of this resolution by first class mail to Cox Cable San Diego, Inc.
Presented by
R. Thomson
'Deputy City Manager
Approved as to forn lying/~
B/ru~:e M. Boog!ard
City Attornei
Resolution No. 17472
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of May, 1994, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A.Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17472 was duly passed, approved, and adopted by the City
Council held on the 3rd day of May, 1994.
Executed this 3rd day of May, 1994.
Beverly '~,~Authelet, City Clerk