R-4569
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RESOLUTION NO.
4569 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA GRANTING TO THETA CABLE OF CALIFORNIA AUTHORITY
AN INCREASE IN THE RATES FOR CATV SERVICE WITHIN THE
CITY OF SANTA MONICA.
WHEREAS, Theta Cable of California has requested authority to
increase the rates for CATV service within the City of Santa Monica; and
WHEREAS, Ordinance No. 734 (CCS) provides that no increase in
rates and charges to subscribers may be made without the prior approval
of the Council; and
WHEREAS, a public hearing has been held to determine whether the
present rates and charges for CATV service should be increased, and
WHEREAS, the City Council has determined that the rates and charges
hereinafter set forth are fair, just and equitable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. That the portion of Section 3. E. of Resolution 3644 (CCS)
adopted August 8, 1967, pertaining to rates and charges for CATV services
in Santa Monica be amended and Resolution No. 4211 (CCS) dated November 9,
1971 are hereby rescinded and replaced by the following schedule of rates
and charges.
1. Installation Charge
A. Residence
1. First Outlet
a. Overhead Service
i. The charge s shall be $ 10. 00.
ii. In the event that the distance measured along the cable from the
center line of the street, alley, or easment occupied by the feeder cable to
the point of attachment of the cable with the subscriber's residence exceeds
150 feet, the company may make an additional charge not to exceed the actual
direct cost to the company attributable to such distance in excess of 150 feet.
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b. Underground Service from Underground Feeder Cable
i. In the event that the subscriber independently provides for his
own trenching (including back-filling, repaving and/or replanting), the
charge shall be as stated above for Overhead Service (a. i. and ii).
ii. In the event that the subscriber contracts with the company to
provide the trenching and related work, the charge for the trenching, etc.,
shall be the variable cost incurred by the company and the charge for the duct,
cable and installation shall be as stated above for Overhead Service (a. i. and ii).
iii. In either event, the company shall bear the cost of providing the
trenching and all other facilities from the feeder cable to the subscriber's
property line.
iv. The company shall inform the subscriber of the above options and
the company's estimated costs therewith.
c. Underground Service from Overhead Feeder Cable
i. The charge shall be as stated above for Overhead Service (a. i.
and ii) and in addition thereto, the difference between the company's incurred
variable cost of providing the underground facilities and the estimated cost
of constructing equivalent aerial facilities.
2. Each Additional Outlet
a. There shall be no charge for additional outlets if the subscriber's
order for the same is made not later than the time the first outlet is installed
or reconnected or any other outlet is relocated.
b. When the subscriber I s order is made subsequent to the time
specified in 2. a. above, the charge shall be $10.00 for the additional outlet
and no charge for each further additional outlet, if any ordered installed
concurrently.
c. The condition stated in 1. a. ii above shall be applicable.
d. When an additional outlet is installed in a separate structure on
subscriber's premises and the distance measured along the cable, between
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points of attachment of the cable to the separate structure exceeds 50 feet,
the company may make an additional charge not to exceed the actual direct
cost to the company attributable to such distance in excess of 50 feet.
3. Reduced Charges During Certain Periods
a. At the option of the company, any of the foregoing charges may be
reduced by any amount, but only under the following conditions:
i. The subscriber makes a bona fide application for service not later
than 30 days after the company's local feeder cable is initially placed in
service and such cable is reasonably accessible to the subscriber's premises;
or
ii. The company files with the City Clerk a notice specifying the
conditions under which the foregoing charges will be reduced. The notice
shall include the reasons for reducing the foregoing charges, the specific time
period during which the foregoing charges will be reduced in each area of the
City and the amount of the reduced charges. The notice shall be filed with the
City Clerk not less than 10 days prior to the starting date of the reduced charges
and the conditions under which the foregoing charges will be reduced shall be
subject to such modification or restrictions as the City Council may impose.
iii. Reduced charges, if offered, shall be on a nondiscriminatory,
nonpreferential basis.
4. Reduced Charges Under Certain Conditions
a. In those instances where the company serves a subscriber through
a service drop and/or outlets installed as part of a prior commercial CATV
system, or previously installed facilities, no installation charge shall be
made for such services in place, except that a charge not exceeding the actual
variable cost to the company may be made for such replacements or repairs
as may be necessary. In no event shall these charges exceed those prescribed
under 1.
5. Additional Charge for Non-Standard Installations
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a. In the event that a subscriber requests a nonstandard installation,
such as concealed wiring, etc., that is not economically feasible for the
company to provide at the foregoing rates and charges, the company upon
agreement with the subscriber may make an additional charge not to exceed
the actual variable cost to the company attributable to such nonstandard
installation. If the company and the subscriber fail to reach an agreement on
the additional charge, the City Manager upon request from the subscriber or
the company shall determine the amount, terms and conditions of the additional
installation charge which would be fair and reasonable under the particular
circumstances.
b. The company shall file with the City Manager a current list of
the types of nonstandard installations for which an additional charge stated
in a. above shall be applicable.
B. Multiple Apartments and Hotels, Motels and Non-Residences
1. All installation charges for the above-captioned classes of sub-
scribers (where Multiple Apartments are under one ownership with one cus-
tomer billing) shall not exceed the actual variable cost to the company of
making such installations.
2. The company shall keep such records as may be necessary to
identify the costs and charges associated with each of the foregoing subscribers.
C. Schools and City-Owned Facilities
1. No charge.
II. Monthly Rate
A.. Residence
1. Fir st Outlet
The rate shall be $6.95 per month.
2. Each additional Outlet
The rate shall be $1. 50 per month
B. Multiple Units, Hotels, Motels and Non-Residences
1. Apartment Units
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a. Number of Apartment
Units
Rate per month per apartment
unit for one Outlet
1-4
5-19
20-49
50 or More
$6.50
$5.50
$4.50
$3.50
b. The rate for each additonal outlet within an Apartment Unit
shall be $1. 50 per month.
2. Hotels, Motels and Non-Residences
a. The rate for each unit of transient type facilities shall be $3.50
per month for up to 100 units. For facilities with more than 100 units, the
rate shall be $2. 50 per month.
3. The above rates shall apply only where all outlets are on the same
premises, under one ownership and with billing to one customer.
4. The application of the above rates in lieu of the rates specified
in II. A. shall be at the option of the company.
C. Prorating for Less than One Month's Service
1. The monthly rate shall be prorated on the basis of the number of
days in the period for which service was rendered to 30 days.
D. Billing and Payment
1. The bill for the monthly rate may be rendered in advance. Such
bill is due and payable not more than five days in advance of the period during
which service is to be furnished.
2. The billing period shall not exceed two calendar months.
E. Convertor: Minimum Capacity 21 Channels
1. The rate shall be $1. 50 per month per unit.
2. The company shall not reduce the number of available channels,
previously provided by its system, to any subscriber not desiring to use the
convertor.
F. Waiver of Service Charge to Schools
1. The Company hereby waives the foregoing monthly charges for
CATV service it provides public schools under the jurisdiction of the Santa
Monica Unified School District and the Santa Monica Community College
District and private non-profit schools provided that such locations
are passed by the transmission cable maintained for the service of paying
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subscribers.
G. Waiver of Service Charge to City-Owned Facilities
1. The company hereby waives the foregoing monthly charges for
CATV service it provides City-owned facilities as agreed on between Theta
and the City Manager provided that such locations are passed by the trans-
mission cable maintained for the service of paying subscribers.
H. Television Dealers
1. Theta will make no charge to bona fide television dealers selling
new sets other than the $6.95 monthly charge for the first outlet, even though
multiple outlets may be in use. Such limitation upon the charge to the dealer
is conditioned upon Theta's distribution lines passing such dealers places
of business.
III. Relocation Charge
A The charge shall be $10.00 per relocated outlet.
IV. Reconnect Charge
A The charge shall be $10.00 per subscriber.
13. The charge shall apply where the company had previously served
the premises, and facilities are substantially in place, but service was can-
celled, suspended or terminated for any good cause.
C. The charge may be applied where the service is not interrupted
but a subscriber name change occurs.
D. The charge shall not be made in addition to the installation charge
set forth in LA.!. or 1. B. above.
E. The company shall not remove, rearrange or otherwise disturb
any of its existing facilities for the purpose of making a greater charge than
would otherwise be applicable.
F. During periods of reduced installation charges specified in Sectior
I. A. 3. the above reconnection charge shall be reduced in the same proportion
that the installation charge specified in Section 1. A. 1. is reduced.
V. FM Radio Outlets
A. Where the company provides FM radio signals to the subscriber's
FM radio receiver, the rates and charges for each connection or outlet pro-
viding such service shall be identical with those set forth above for TV outlets.
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VI. Line Extension Charges
A. In the event that a potential subscriber's premises are located
at such a distance from the feeder cable that it is not economically feasible
for the company to provide service at the foregoing rates and charges, the
City Manager shall determine, upon request from the potential subscriber or
the company, the amount, terms, conditions, and refund provisions of the
line extension charge which, in addition to the foregoing rates and charges,
would be fair and reasonable under the particular conditions and circumstances.
VII. Reporting Requirements
A. The company shall file with the City Controller an annual profit
and loss statement in addition to the financial and statistical data required
under Ordinance 734 (CCS),
VIII. Applicability
A. The company shall not collect any rate or charge in the City of
Santa Monica other than as authorized herein, and no rebate, refund or other
allowance shall be made except as provided herein.
B. The foregoing rates and charges shall comprehend the total of
company's service authorized by franchise granted by the City of Santa Monica.
C. Gifts and similar promotional material presented by the company
to prospective or existing CATV subscribers during a CATV sales promotion
shall be subject to the same terms and conditions of Section 1. A. 3. a. ii. and
iii. as they apply to reduced charges during sales promotions.
IX. Notice to Applicants for Service
A. The company shall include in its Subscription and Installation
Agreement or other service application form a notice to applicants for service
that the company's rates and charges for service within the City of Santa
Monica are in conformity with this resolution, and that a copy of said resolu-
tion is available for inspection at the company's local business office and at
the City Clerk's office, City of Santa Monica, 1685 Main Street, Santa Monica,
California 90401.
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SECTION 2. The City Clerk shall publish this resolution once within
fifteen days of the adoption thereof in the official newspaper. The rates and
charges established by this resolution shall become effective after thirty (30)
days from its adoption.
SECTION 3. The City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED this
10th
day of December ,1974.
~tc;fL~~~
ATTEST:
Mayor
I hereby certify that the foregoing resolution was duly adopted by the
City Council of the City of Santa Monica at a Regular
meeting thereof,
held on the 10thdayof December, 1974, by the following vote of the Council:
AYES: Councilmen: Judson, Lawson, McCloskey, Swink,
Trives, van den Steenhoven, Hoover
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
City Attorney
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