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R-8839 .. e e CM:KKK:ckl:F:\share\ratereso Santa Monica, Cal~forn~a City Council Mtg.-Nov. 29, 1994 RESOLUTION NO 8839 (City Council) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ACCOUNTING ORDER REGARDING BASIC SERVICES RATES AND ASSOCIATED CHARGES OF CENTURY SOUTHWEST CABLE TELEVISION, INC. FOR THE PERIOD COMMENCING JULY 15, 1994 WHEREAS, the City of Santa Monica (the "Cityl1 ) became cert~fied to regulate basic cable service rates and associated charges as of October 7, 1993, and has followed regulations prescribed by the Federal Communicat~ons Commission (n FeCn) for the regulation of the basic service tier and associated charges (the nFCC Rulesll) ; and WHEREAS, the City has not yet completed its rev~ew of the FCC Forms 1200, 1205, 1210 and 1215 subm~tted by Century Southwest Cable Television, Inc. (the nCompanyl1 ) and reached a decls~on regarding the reasonableness of the rates for basic service and associated equ~pment, installation and service charged by the Company; and WHEREAS, the Cl ty is not yet in a position to lssue a rate decision at this time since the City needs add~tional time to reVlew the supplemental ~nformation submitted by the Company in support of its FCC Forms, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND ORDER AS FOLLOWS: . ~ , e It SECTION 1. Pursuant to 47 C.F.R. Section 76.933(c) of the FCC Rules, the Company is hereby directed, from the date of thls Order until the date the Company implements any rate declslon issued by the City, to keep an accurate account of all amounts recelved, and on whose behalf such amounts were pald, for baslc service and associated equipment, installation and service. SECTION 2. The Company may not increase its rates for baslc cable service, and for associated equipment and lnstallatlon, nor may it institute new charges for other types of service, equipment or installatlon assoclated wlth the basic service tier, without first complying with the FCC Rules, including any modlflcations or amendments to the FCC Rules. SECTION 3. The City reserves all rights it has under the FCC Rules, lncluding the right to establish reasonable rates and order rate refunds, if the City finds that the Company's rates are unreasonable under the FCC Rules, lncludlng any modifications or amendments to such regulatlons. SECTION 4. The City Manager shall cause to be delivered a copy of thls Order to the Company prior to December 10, 1994. SECTION 5. The City Clerk shall certify to the adoptlon of this ResolutlOTI, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM: "<)~J ~ city Attornr ( 7vc -:1 . ') - . e . Adopted and approved thIS 29th of November, 1994 ~ ;;vi Ma or I hereby certify that the foregomg ResolutIOn 8839 (CCS) was duly adopted at a meeung of the City Council held on the 29th of November, 1994 by the followmg vote Ayes CouncIlmembers. Abdo, Genser, Greenberg,Holbrook, Olsen, Rosenstem, Vazquez Noes CouncIlmembers. None Abstam CouncIlmembers: None Absent" CouncIlmembers: None ATTEST: ~~/M~ <-- , CIty Clerk