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HomeMy WebLinkAboutOrdinance No. 2000-19 ORDINANCE NO. 2000-19 AN ORDINANCE ESTABLISHING THE MA,��IMUM HOURLY SERVICE CHARGE TO BE USED TO DEVELOP THE EQUIPMENT AND INSTALLATION RATES OF TEXAS CABLE PARTNERS, L.P.; ESTABLISHING THE MA��MUM PERMITTED RATES FOR EQUIPMENT AND 1NSTALLATION CHARGES; DISALLOWING THE INCLUSION OF CONVERTER RETRIEVAI. COSTS AND HOURS; SETTING FORTH OTHER PROVISIONS RELATED TO THE SLTBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 PER DAY FOR EACH VIOLATION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR 1N CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. * * * * * * * * * * * WHEREAS, the City of Friendswood, Texas (the "City"), is certified to regulate cable equipment and installation rates pursuant to the 1992 Cable Act (the "Act") and Federal Communication Commission("FCC")rules; and WHEREAS, on or about February 29, 2000, Texas Cable Partners, L.P. ("TCP") submitted to the City an FCC Form 1205 with a proposed schedule of equipment and installation rates (hereafter"Form 1205"); and WHEREAS, the FCC rules allow the City ni.lety(90) days to review the proposed schedule of equipment and installation rate� after which time the operator may implement such rates, subject to a prospective rate reduction and refund if the City subsequently issues a written decision disapproving any portion of such rates; and WHEREAS, at the City's request, C2 Consulting Services,Inc. ("C2"),has reviewed TCP's proposed schedule of equipment and installation rates and submitted its report explaining its analysis, findings, and conclusions,which is attached hereto as Exhibit"A"and incorporated herein . for all purposes; and WHEREAS, a public hearing was held to hear public comments on the proposed schedule of equipment and installation rates of TCP; and WHEREAS, the City Council has now concluded its review of TCP's proposed schedule of equipment and installatian�ates ar�ci made ce�tain 3eterminations;now,therefore, BE IT ORDAINED BY THi; CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Friendswood\`00-1205.Ord. Section 1. That the City Council hereby adopts and affirms the findings and recitals set forth in the preamble to this Ordinance. Section 2. That the City Council, having reviewed TCP's proposed schedule of equipment and installation rates and the report submitted by C2, hereby finds and determines that TCP's proposed equipment and installation rates, with the exception of the monthly equipment lease rates for addressable and nonaddressable converters, are reasonable. Section 3. That the City Council hereby finds and determines that, based on the report from C2, the inclusion of converter retrieval costs and hours in the development of the Houston Division's East Form 1205 is unreasonable and,therefore,disallowed. Section 4. That TCP is hereby ordered to: (a) reduce its Hourly Service Charge for installation, maintenance and repair of equipment to an amount not to exceed$29.78 per hour; (b) reduce the monthly equipment lease rate for addressable converters to an amount not to exceed$3.39; (c) reduce the monthly equipment lease rate for nonaddressable converters to an amount not to exceed$0.62; (d) reduce all other equipment and installation rates to an amount not to exceed the amounts shown in Form 1205 submitted by TCP to the City; and (e) refund to subscribers, within foriy-five (45) days of the adoption of this Ordinance, the difference between the maximum permitted rates established herein and the actual charges to the extent that actual charges have exceeded such maximum permitted rates, plus interest on such amounts calculated in accordance with FCC rules. The Hourly Service Charge rate, the service and installation rates, and the monthly equipment lease rates were derived by using FCC rules,regulations, and instructions for calculating same, as further explained in the report from C2 attached hereto as Exhibit "A," and which is incorporated herein by reference. Section 5. That the City Council hereby finds and determines that the rates established hereby are reasonable. Section 6. That in adopting this Ordinance the City Council of the City is not approving or acquiescing in any way whatsoever to cost data and/or methodologies not specifically addressed in this Ordinance. Furthermore, the City Council is not waiving any rights to which it is entitled. -2 - Friendswood\`00-1205.Ord. Section 7. That pursuant to the authority granted to the City under Title 47 C.F.R. § 76.943(a) and Tex. Loc. Gov't Code § 54.001, should TCP fail to comply with any provision of this Ordinance, it shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed$500.00. Each day of each violation shall constitute a separate offense. Section 8. That all ordinances in force when this Ordinance becomes effective and which are inconsistent or in conflict with this Ordinance are hereby repealed insofar as such ordinances are inconsistent or in conflict with this Ordinance. Section 9. That the City Council of the City of Friendswood, Texas, does hereby declare that if any section, subsection, paragraph, sentence, clause, phrase, word or portion of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction then, in such event, it would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof,and all said remaining portions shall continue in full force and effect. Section 10. That the City Secretary is hereby authorized and directed to mail a copy of this Ordinance by first class mail to TCP. PASSED AND APPROVED on first reading this lOth day of �7ulY. , 2000. PASSED, APPROVED, and ADOPTED on second and final reading this 2 a day of July , 2000. CITY OF FRIENDSWOOD, TEXAS Harold L. Whitaker Mayor ATTEST . . MOTION: COUNCZLDZF.1�![BER D�EL r'[EASELE;S Deloris McKenzie, T 2ND: COUNCILI�ZEP•�BER TON� nrtANISON CitySecretary AppROVED: Unanimouslv - 3 - Friendswood\`00-1205.Ord.