HomeMy WebLinkAboutResolution No. 94-46 RESOLUTION NO. R94-46
A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING TCl/TKR
OF HOUSTON, INC. D/B/A/ TCI CABLEVISION OF HOUSTON TO CHARGE ITS
PROPOSED SCHEDULE OF BASIC SERVICE RATES SUBMITTED TO THE CITY OF
FRIENDSWOOD ON OR ABOUT AUGUST 12, 1994 AND TO CHARGE FOR THE
CURRENT INSIDE WIRING PROGRAM, ALL SUBJECT TO REFUND AND REDUCTION
UPON A LATER DECISION OF THE CpUNCIL DISAPPROVING ANY PORTION OF
SUCH BASIC SERVICE RATES AND/OR INSIDE WIRING PROGRAM; AND SEmTING
FORTH OTHER PROVISIQNS RELATED THERETO.
* * * * * * * * * x * * * :r s * * * *
WHEREAS, the City of Friendswood (the "City") is certified to regulate basic
cable service rates pursuant to the 1992 Cable Act ("the Act") and FCC
Rules; and
WHEREAS, by Resolution R93-40 (the "Ordinance") the City adopted procedures
for rate regulation consistent with the Act and FCC Rules, and is
regulating basic cable rates; and
WHEREAS, on or about August 12, 1994 TCI TKR of Houston, Inc. d/b/a/ TCI
Cablevision of Houston ("TCI") submitted to the City an FCC Form 1200
pursuant to FCC Rules adopted February 22, 1994, with a schedule of rates
for the basic service tier and associated equipment (hereafter "Form 1Z00"} ;
and
WHEREAS, by previous Resolution R94-38 the City extended the review period
for the Form 1200 for an additional 90-day period beyond the initial 30
days; and
WHEREAS, because the rates in the Form 1200 will be effective unless the
City has taken action on them within 120 days from the date of submission;
and
WHEREAS, to protect the interests of its residents the City wishes to direct
TCI to keep an accurate account of all sums received by reason of such rates
and its inside wiring program and on whose behalf such amounts were paid,
such that if and to the extent the City later issues a written decision
disapproving any portion of such rates or inside wiring program that
appropriate refunds as well as prospective reductions may be ordered for
subscribers in the City; and
WHEREAS, the City possesses the powers conferred by the Act, the FCC Rules,
and its Ordinance and may adopt additional rules applicable to basic cable
service rate regulation proceedings consistent with the Act and FCC Ru1es
and take any action not prohibited by the Act and FCC Rules to protect the
public interest in connection with basic cable service rate regulations;
R94-46/LST03
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. That pursuant to the Act, the FCC Rules and its Ordinance, the
City hereby orders that the proposed schedule of rates submitted by TCI with
its Form 1200 shall be allowed to remain in effect subject to refund and
prospective reduction if and to the extent the City later issues a decision
disapproving any portion of such rates.
Section 2. That pursuant to the Act, the FCC Rules and its Ordinances the
City hereby directs and orders TCI to keep an accurate account of all
amounts received by reason of the rates proposed with the Form 1200 and on
whose behalf such amounts were paid.
Section 3. That TCI shall be permitted to continue its inside wiring
program costs subject to refund and disallowance of such program by a later
order of the Council.
Section 4. That the City Secretary is hereby directed to mail a copy of
this Resolution by Certified mail to TCI.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Friendswood
on this 5th day of December, 1994.
/
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Mayor vely B. Newman
ATTEST:
,
F
De oris McKenzie, T
City Secretary
Reviewe and approved to form
bz�: . ,
J n 0 son
R94-46/LST03