HomeMy WebLinkAbout95-023 CC ResolutionRESOLUTION NO. 95-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DISAPPROVING THE CABLE
TELEVISION RATES FOR THE BASIC SERVICE TIER
AND ASSOCIATED EQUIPMENT AND INSTALLATION
CHARGES OF INLAND VALLEY CABLEVISION, AND
ORDERING A REFUND FOR EXCESSIVE RATES FOR
THE PERIOD FROM SEPTEMBER 1, 1993 THROUGH
JULY 14, 1994
WHEREAS, the City of Temecula ("City") was certified to regulate rates for
cable programming services and equipment pursuant to the Cable Television Consumer
Protection and Competition Act of 1992;
WHEREAS, Western Communications, dba Inland Valley Cablevision ("Inland
Valley") holds a franchise to operate a cable television system within the City;
WHEREAS, on or about January 26, 1995, Inland Valley fried its Form 393
with the City seeking approval of its maximum initial permitted rates for regulated cable
programming services and equipment;
WHEREAS, the City has obtained reports dated September 29, 1995 from
Burke, Williams & Sorensen and September 21, 1995 from Diehi, Evans & Company,
analyzing the Form 393 submitted by Inland Valley;
WHEREAS, Inland Valley has submitted a response to the these Reports, by
way of a letters from Cole, Raywid & Braverman dated October 6, 1995 and November 9,
1995;
WHEREAS, Inland Valley has extended the time for the City to act on the
Form 393 to March 31, 1995;
WHEREAS, Inland Valley disagrees with the City's analysis of its rates, but in
order to avoid the necessity for an appeal to the Federal Communications Commission, it has
proposed a settlement by way of letter dated March 1, 1995;
WHEREAS, the City Council has held a public meeting pursuant to Sections
76.935 and 76.942 of Title 47 of the Code of Federal Regulations to take written and oral
testimony from all interested parties, including Inland Valley, concerning the Form 393
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submitted by Inland Valley, the aforementioned reports and Inland Valley's response thereto;
and
WHEREAS, the City Council has considered the testimony received during the
public meeting and the reports and letter described above;
WHEREAS, the City Council agrees to the settlement proposed by Inland
Valley of the outstanding issues regarding application of the Federal Communication
Commission regulations governing basic service tier rates and the associated equipment and
installation charges for the period from September 1, 1993 through July 14, 1994;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. For the period from September 1, 1993 through July 14, 1994 during
which FCC Form 393 governed the basic service tier rates and associated equipment and
installation charges, Inland Valley shall credit Three Dollars installation charges, Inland Valley
shall credit Three Dollars ($3.00) to current basic tier subscribers. Inland Valley shall provide
the credit no later than 60 days after the date this Resolution is approved by the City Council.
Further, as part of the settlement, Inland Valley waives any claim it has to a refund of
franchise fees on that portion of the franchise fee that was paid on the credits to subscribers.
Section 2. By accepting Inland Valley's proposal, the City Council finds and declares
that this settlement represents a resolution of disputed claims and is not to be construed as
representing an admission of liability by Inland Valley. The City and Inland Valley, however,
intend to achieve a rapid and final resolution of their dispute, rather than await the results of a
protracted FCC appeal.
Section 3. The City Clerk is hereby directed to post a copy of this resolution in such
place or places as City Notices are normally posted and to make copies to this decision
available to the public at the office of the City Clerk during normal business hours.
Section 4. This Resolution shall become effective as of the date of adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at its regular meeting held on the 14th day of March, 1995.
ATTEST:
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of said City Council held on the 14th
day of March, 1995; by the following roll call vote:
AYES: 4 COUNCILMEMBER: Lindemans, Mufioz, Parks, Stone
NOES: 0 COUNCILMEMBER: None
ABSENT: 1 COUNCILMEMBER: Roberts
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