HomeMy WebLinkAboutResolution No. 95-13 RESOLUTION N0. R95-13
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS,
AUTHORIZING TCI TKR OF HOUSTON, INC. , D/B/A TCI
CABLEVISION OF HOUSTON, TO IMPOSE CHARGES UNDER ITS
PROPOSED SCHEDULE OF BASIC SERVICE RATES SUBMITTED TO
THE CITY WITH ITS FORM 1210, HERETOFORE FILED ON OR
ABOUT DECEMBER 27, 1994, AND TO CHARGE FOR THE CURRENT
INSIDE WIRING PROGRAM, SUBJECT TO REFUND AND REDUCTION
UPON A LATER DECISION OF THE CITY COUNCIL DISAPPROVING
ANY PORTION OF SUCH BASIC SERVICE RATES AND/OR INSIDE
WIRING PROGRAM; AND SETTING FORTH OTHER PROVISIONS
RELATED THERETO.
* * * * * * * *
WHEREAS, the City of Friendswood ("City") is certified to
regulate basic cable service rates pursuar_t to the 1932 Cable Act
("the Act") and FCC Rules; and
WHEREAS, the City of Friendswood adopted Resal.ution No.
93-40, whicYt prescribed precedures fer rate regul_aticr. consistent
with the Act and FCC Rules, and is regulating basic cable rates;
and
WHEREAS, on or abaut December 27, 1994, TCI TKR of Houston,
Inc. , d/b/a TCI C«blevision of Houston ("TCI") , submitted to the
City FCC Form 1210 pursuant to FCC Rules adopted February 22,
1994, with a schedule of rates for the basic service tier and
expanded basic ser�ice tier (hereafter "Form 1210") ; and
WHEREAS, by previous Resolution R95-3, the City extended the
review period for Form 1210 for ar. additional 90 days beyond the
iritial 30 days; and
WHEREAS, because the rates in Form 1210 generally become
effective unless the Cit} has taker_ acYion cr,. them within 120
days from the date of sub�lission, and it is now apparent that the
City may nct take such action within such ti�e period; and
WHEREAS, to protect the interests of i.ts residents, the City
wishes to direct TCI to keep an accurate acccunt of all sums
received by reason ef such r�tes and its inside wiring program
and on whose beYialf such amounts were paid, such that if and to
the extent the City later issues a written decisicn disapprcving
any portion of such rates cr ir.side wirir�g program, that
appropriate refur.ds as we11 as prospective reductions may be
ordered for subscribers in the City; and
WHEREAS, the City of Friendswood possesses the powers
canferred by the Act, the FCC Rules, �s described in said
Resolution No. R93-40 and may adopt additional rules applicable
to basic cable service rate regulation proceedings consistent
with the Act and FCC Rules and take any acticn not prohibited by
the Act and FCC Rules to protect the Fublic interest in
connection with basic cable service rate regulations; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That the fo1laG�ir.g Accounting Order relating
to basic cable rates for TCI TKR of Houston, Inc. , be, and it is
hereby, adopted:
A. Pursuant to the Act, the FCC Rules, and. R.esolution No.
R93-40, the City of Friendswood hereby order� that the proposed
schedule of rates submitted by TCI with its Form 1210 shall be
Resolution No. R95-13 Page 2
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allowed to become effective 120 days from their submission to the
City of Friendswood, subject to refur.d and grespective reduction
if and to the extent the City of Friendswood later issues a
written decision disapproving any portion of such rates.
B. Pursuant to the Act, the FCC Rules, ar.d Resolution No.
93-40, the City of Friendswood hereby directs and orders TCI to
keep an accurate accaur�t cf all amcunts received hy reason of the
rates proposed with the Form 121C and on wtzose behalf such
amounts were paid.
Section 2. The City Secretary is herehy authorized ar_d
directed to mail a copy of thi_s Resolution by certified. mail to
TCI.
PASSED, APPROVED, AND RESbLVED this 3rd day af April 1995.
� I
Evelyn . Ne an
Mayor
ATTEST:
�
.
eloris McKenz e, C
City Secretary
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