HomeMy WebLinkAboutOrdinance No. 94-10 ,...P- r.�. . .
ORDINANCE N0. 94-10
AN ORDINANCE ESTABLISHING THE MAXIMUM PERMITTED PER
CHANNEL RATE FOR THE BASIC CABLE SERVICE RATES OF TCI
TKR OF HOUSTON, INC. , DBA TCI CABLEVISION OF HOUSTON,
FOR THE TIME PERIOD COMMENCING ON SEPTEMBER 1, 1993 AND
ENDING ON JULY 14, 1994; ORDERING A BASIC SERVICE RATE
REFUND TO CABLE SUBSCRIBERS FOR THE PERIOD FROM
SEPTEMBER 1, 1993 TO JULY 14, 1994; ESTABLISHING A
PERMITTED RATE FOR EQUIPMENT AND INSTALLATION CHARGES
FOR THE SAME TIME PERIOD; DISALLOWING THE INSIDE WIRING
PROGRAM; AND SETTING FORTH OTHER PROVISIONS RELATED
THERETO.
* * � * *
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 and the Federal Communication Commission
regulations issued thereunder authorize municipalities to
regulate the basic service tier and associated equipment rates of
cable companies operating within municipalities; and
WHEREAS, the City of Friendswood applied to the Federal
Communications Commission (The "FCC") for certification and was
approved to regulate the basic service tier and associated
equipment rates of cable companies operating within the City; and
WHEREAS, by Resolution No. R93-32 the City Council
established provisions regarding the regulation of basic service
cable rates; and
WHEREAS, on or about January 11, 1994 TCI TKR of Houston,
Inc. , d/b/a TCI Cablevision of Houston ("TCI") , submitted its
package of documents to justify the basic service cable rates and
associated equipment and installation rates within the City; and
�.-.�.. ��
WHEREAS, by Resolution No. R94-3 the City Council extended
the period to review the documents for ninety (90) days beyond
the initial 30-day review period; and
WHEREAS, prior to the expiration of the extended review
period and at the request of TCI, the City enacted Resolution No.
R94-19, same being an Accounting Order, same being applicable to
the filing of rates by TCI; and
WHEREAS, on or about June 17, 1994 TCI submitted its amended
393 filing to the City of Friendswood; and
WHEREAS, a public hearing was held to hear public comments
on the basic service cable rates of TCI; and
WfIEREAS, the Council has concluded its review of TCI's
amended rate package and made certain determinations; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
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 $.618 shall constitute the maximum
authorized per channel rate for basic service permitted to be
charged by TCI within the City for the time period commencing on
September 1, 1993 and ending on July 14, 1994. This rate was
derived from TCI's amended Form 393 filing in which TCI has
grouped the City of Friendswood with cities with similar
programming services and franchise fee charges.
- 2 -
•�_, ,.,,a,� .
Section 3. That TCI is hereby ordered to refund to cable
subscribers the difference between the actual monthly basic
service charge of $9.86 charged by TCI from September 1, 1993 to
July 14, 1994 and the approved $9.27 monthly basic service rate
for that same period plus interest accrued during the refund
period. The refund shall be computed from the period
September 1, 1993 to July 14, 1994. This $9.27 approved monthly
basic service rate is based on the maximum per channel rate
established and approved in Section 2 hereof.
Section 4. That TCI's hourly service charge for
installation, maintenance, and repair of equipment shall not have
exceeded $23.83 per hour for the time period commending on
September l, 1993 and ending on July 14, 1994. This maximum
hourly rate was derived from TCI's calculations in its amended
393 filing. Based on this hourly service charge, equipment and
installation rates shall not have exceeded the permitted rates
set forth in the attached Exhibit "A" which is incorporated
herein by reference. TCI is hereby ordered to refund to
subscribers the difference between the permitted rate and actual
charge to the extent that actual charges have exceeded the
permitted rate.
Section 5. That TCI's separate charge for the inside
wiring program is hereby disallowed at this time as a result of
TCI's failure to provide the requested information necessary to
justify the charge. Such charge shall not be authorized unless
or until such time that the FCC determines the legality of such
- 3 -
�� �� . .
charge. TCI shall keep an accurate account of all sums received
by reason of its inside wiring program until such time that the
FCC determines the legality of such charge. If the FCC later
disapproves such program, TCI shall refund the amounts paid by
the subscribers from the inception of the program.
Section 6. That in adopting this ordinance, the Council
is not approving or acquiescing in any way whatsoever to cost
data and/or methodologies not specifically addressed in this
ordinance. Furthermore, the Council is not waiving any rights to
which it is entitled.
Section 7. Al1 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 8. 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 an 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 that all said
remaining portions shall continue in full force and effect.
- 4 -
—a.. ,� .
PASSED AND APPROVED on first reading this lst day of August
1994.
PASSED, APPROVED, AND ADOPTED on second and final reading
this 15th day of August 1994.
� �/?�„�trnL2i�.J
Evelyn . Newman
Mayor
ATTEST:
�
. .s
Deloris McKenzie, T C
City Secretary
APPROVED AS TO FORM:
hn F. Olson
City Attorney
- 5 -
,..�..� ,..d.
EXHIBIT "A"
ADJUSTMENTS TO
EQUIPMENT AND INSTALLATION RATES
PERMITTED TCI CURRENT
SERVICE RATE RATE
Installation Charges:
Installation of unwired homes $35.75 $34.46
Installation of prewired homes $17.87 $17.23
Installation of additional connects,
initial $ 5.96 $ 5.74
Installation of additional connects,
separate $17.87 $17.23
Move outlet $17.87 $17.23
Upgrade/downgrade options $11.92 $11.49
VCR connect, initial $ 5.96 $ 5.74
VCR connect, separate $11.92 $11.49
FM connect, initial $ 0.00 $ 0.00
FM connect, separate $ 0.00 $ 0.00
Charge for changing tiers $ 2.00 $ 2.00
Monthly charge for remote controls $ .17 $ .17
Monthly charge for converters:
Converter box type 1 $ .99 $ 1.09
Converter box type 2 $ 2.28 $ 2.02
ORD94.10A/KSN02