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SR-010996-6ECv! KKV : ckll f \c'ranager\ cable\radsbrc Cz:.y Council: Jan. 9, 199 Sar_ta Monica, Califorr~ia~A~ ~ 9 ,~~ + TO Mayor and City Council FROM City Staff SUBJECT: Recommendation to Adcpt Resolution Regarding A Rate Order for "SmartBox" Converter and "Universal" Remote Control Device Rates for Century Southwest Cable Television, Inc INTRGDLTCTION This report recom.r~ends -hat the City Ccur_cil issue by resolution a rate orde_,.tc Century Southwest Cable Television, Inc ("Century") which establishes rates for the "SraartBox" converter and "Universal" remote control dev7ce, and orders Century to issue refur_ds, if any. BACKGROUND The City has been certified by the Federal Communications Comrnissior_ [FCC? to regulate basic cable television rates ~whi ch includes the "basic cable" tier and rates for associated equipment, installation and services?. Pursuant tc FCC regulations, a cable company =rust ~usti`y the rates it charges as reasonable in accordance with federally-devised formulas. The City serves as the i~r;plementing agency for determining Century`s compliance with the federal regulations. bE JAN 0 9 1996 The .'CC has set forth specific procedures for franchising authorities and cable companies to `ollow in establ=shing rates for t:~e period com-r~encing after July 14, 1994. Under those procedures, Century must justify its rates, and any increases in its rates, by filing the appropriate FCC Form 1200 Series rate filing. The City and Century have been oroceeding in accordance w~.th these procedures Because threshold issues regarding Century Select rates are already on appeal before the FCC, the City and Century entered into an agreement to defer further review of certain of Century's FCC Farm 1200 series rate filings pending completion of current appeals before the FCC, and jud=coal review if any, and to extend Century' s refund liabil_ty period This agreement preserves the City's right to order refunds if rates set forth in the 1200 series rate filings are found unreasonable under the FCC rules, but minimizes further litigation costs to the Crty in the interim. However, the deferral affected by the agreement dces not apply to Century's rate filings for the "SmartBox" cenverter and associated remote control device a:~d the "Jniversal" remote control device. Century subrtiitted an FCC Forr- 1205 rate filing to the City on February 14, 1995 for the "SmartBox" converter and its associated remote control device. On May 19, 199, Century submitted an FCC Form 1205 rate filir_~ for the "Universal" remote control device. Cer_tu-ry has cor_f=rr~ed t^at the "Tniversal" remote control device is 2 the same piece of equipment as the remote control device associated with the "SmartBox". Bath devices are referred to below as the "Universal" remote control device The City reviewed the rate filings submitted by Century and supplemental .reformation requested by the City. The chart below sets forth: (a) the maximum permitted rates recommended by the City's financial consultant for the "SmartBax" converter and the °Universal" remote control device, and {b) Century's proposed rates .or the converter and "Universal" remote control device Recommended Rate Century's Proposed Maximum Permitted Rate "Universal" Remote Control Device ~ 71 "SmartBox" Converter $2.29 $1.~6 $3.20 Century stated that it would offer subscribers -- other than "basic-only" subscribers (i e., those subscribers receivrng basic cable service, but not Century Select and other premium services) - - the equipment aY a special discounted rate of $0.99 per month for the "SrnartBox converter and $0.00 for the "Universal" remote control device Cen~ury recently informed City staff that ~t did r_ct interd tc discont~ nue such discounts prior tc January 31, 1996. 3 Century states that ~t provides a ccnverter box, including the "SmartBox" converter box, to "basic-only" customers at no charge {i.e., no installation fee or monthly rental fee). Century requires that "basic-cr_ly" subscribers use a converter box to receive basic cable serv_ce. The converter box is used to block the "Century Select" tier signal, wh-ch "basic-only" subscribers migrt otherwise receive over their cable-ready televisions. The rates established by the attached Rae Order would be ire effect until Century is perm-tted by FC'C regulat'on to adjust the rates pursuant to tre Company's November 5, 1995 FCC Form 12C5, subject to City review of such rates. City staff believes that the City should issue a rate order to establish the r•Zax-mum permuted rates recommended by the `financial consultant For the "SmartBox" converter and "Universal" remote control device during the period covered by the rebruary 1~, _995 ar~d May ~9, 1995 Form 1205 rate fz'~ir_gs, and to order refunds of overpay-nent, zf ar_y, For the "SmartBox" converter and "Universal" remote control devices during such period $UDGET IMPACT There is no Czty budgetary impact resulting from thQ issuance of this rate order. G RECOMMENDATION City Staff recommends that City Council adept the attached rate order to establish the rates fcr the "SmartBox" converter and for the "Un-vernal" remote control device during the period under review, and to order refunds, if any, of overpayment for such equipment during such period prepared by Kathryn Vernez, Senior Management Analyst Linda A. Mills-Cayne, Deputy Czty Attorney Robin Gee, Cable Manager AttachMents Resolution Kaiser Scherer & Schlegel Final Financial Report 5 CM,KRK;cK- ~ ~cmanager\ cab.le'~reso~an9 Santa Monica, Calyiornia City Counc.l Mtg man. 9, 1995 RE50LliTION NG. 8979 (CCS} (amity Cauncili A RESO~TJTION OF THE CITY COURTCI~ OF THr CITY OF SA:'~TTA MOATI CA ADOPTING A RATE ORDER REGARDING "SM_ARTBCX" COa?~lVERTER ANL~ "L7I~TIVERSAL" REMOTE CONTROL DEV-CE RTES OF CEN?'URY SOUTHWEST CAELE TE~,EVISION, INC. WIiEREAS, the City of Santa Monica (the "City"? became cert~f~ea ~c recru~ate basic cable service rates and associated charges as cF October 7, 1993, ar~::~ has Followed regulations F ~e5~'_'-l,~e•'~ bV the Federal Commun~catic:~s Commission ! °FCC" } for the r~~u=av~on o= tre basic ser-ice ~,er and associated equipment, ~r.s~allati^~r~, services and charges (the "FCC Rules"}, and 'vdH_REyS, Cen-ury Southwest Cable Televis~or~, Ir~c. (the "Cc-rr:~ny" : subr~~ tted an FCC ~'crrl 205 to the City on February 14, G9~ _`or `=^e "Sr~artBox" converter ana associatea remote control dc=r~ce, ar_ FCC FOrI^1 =20~ v~ Naay 19, 1995 For tY:e "Un1_Ve?"Sal" remote :~cncrcl device, and suptilementa= rate ~nFcrmation to the City an Augus~ 8, -9~~ 'ccliec~_vPlti•, tie "Ra*_~ ,i=ings": and tirT3EREAS, the remote ccntro- device used tc operate the "S!T1artBOx" C0=1v~rt?r aria tre "Uiil'I°~'Sa~" ret'1Cte CG~n''..x'4; deviC~ are tre sa~rA peeve of equip-rer~t 'reLerred ~o ccllect~!vAly hArein as the "Ln~~Tersa~" rerlc~e contro= devic°' ; and t^~~3EFcFAS vhe Company requ=res basin-only subscribers with 1 a "cable-ready" televisions to install "SmartBox" converters ir:order to block such subscribers' receipt cf "Cer:~ury Select", and WHEREAS, the City issued a public notice seeking written comments from interested parties o:: the Company's proposed rates, and the Rate Fill^as were ~r:ade ava=fable for public inspe~t~an ~z cider to obta~r_ comment from any interested party, and W~iEREAS, the City Staff has *rade a recommendation tc the City Council ~;"Council";~ regarding the Company`s rates based on• a•~ ~nfor~ratxon contained ~.n the date Filings; `bi the assumed accuracy of that zr_fcrr~at~cr_, ~:c cc-r-rerlts, eviden^~e and inforrlation fro:r i~:taresLea parties, ~;d; t a draft rate repot prepared ~y t'r_e -ty' s ==rya _cial ccY_sultant, 'ei the Cor~nany` s com~rents cn the dra`_. rate report , f the f~nanc~.al ccnsultant' s f~.nal rate report ar~d Decer•ber t5, 19c5 ~etter respondxnC tC t e COTpa: y' S CG'rtPlentS on ~__... draft rate report +: "cc=' Pct~vely, ..ne Fir~a= Repot" j , and ~rd~:~FcEAS, the ~CL'nCi- 'gas considered the City Staff's rvcc~r-rendat-cps and ~~e reasons therefore, has received and cons~derea comments from t=~a pub~.ic; ras reviewed and hereby adopts ;and by tr~s reference , ncorporates ?-iereir_, , as appropriate and to the extent r_ct inccr~sistent with vn~~s Rate Order, the f~ndi gs, assu~~p_ic~ns and other ~n-ormat~on set fort: .n the f_nanc~al cons~awtant' s Viral Re~c~ arc WHEREAS, the Company subrl-sited its annual FCC Form 125 for ecru~pmert and --~stallat_on •cr_ November 6, 1995 as required by the FCC ; "~~ove-rber FCC. Form 1205" , , and b~~HEREAS, ..._~ City ~s continuir_g to review the November rCC 2 corm 120 which s^al~ govern among other things the rases for the "Sma; v$OX" CC:~Ve'_'~el' and "]nlve'_"Sal" remv^le Cd.^_~rO~ CleV1Ce after the period cotrered by the February 14 and May ,9 Rorm 1205 rate Filings; and 6~THEREAS, the Company has the burden of proving by a ~renonderance cF ev_dence that _ts rates for the "SmarlBox" converter ana trap "~Jniversa-" remote control device are reasonable ur_der he RCC Rules, 47 ~; F.R. § 75 937 (a}; NO6ti• , T3ER.~FORE , I T I S CRbERED TEAT _ I'he *raximum permitted rates For the "SmartSox" converter ar_d the "Jn~versal" remote ocrLtx'ol device u:~t~.l the date Century ~s r~er-ritted by the FCC Ruses to adjust its zates pursuant t, the NV,.~er-~ber _ ,~~ Fcrrl 1205 sha11 be as rollows Maxim~.:m Perr~,itted Rates= -- "Sr~arrBox" converter $2 29 - - "T~n=zTersai " rer~ot e contro- dev?ce ilncl•wdina ba4ceries $0.71 The Corlnan~r sisal:. reFuna that portion of the rates (plus interest, paid by s~wbscr~bers for the equ-prlent described Yn this Paragraph ~c ~he ex~ent such rates exceed t'_:p rates approved in this ?ara,ranh The Cornnany shall nc'~ cffse~ refunds by the amount of ar_y d-scounts provided cc subscribers on the equipment rates sLbject tc th_s Rate Order '.'he refund period for the "SmartBox" = The raves l-sled =r_ the col::-r•r~ entitled "Maximum Permitted Rates" exc.l~ae rrar_ch~se reel 3 cor_vertpr shall run- fr~-r t e date the Company ==~.°st charged a subscriber For a "SmarcBox" converter until the date tY?at Cer_tury .s permitted by the FCC Rules to a3;ust zts rates pursuant to vhe Nove-rber FCC Form 12Q5 rates. The refund period for t'_`ie "U~ivera~ " remote control device shat= run from the date the Company _~rst charged a subscr~aer for such "Universal" rercote control dev=ce until the date Century ~s permitted by the F^C. Rums tc adyust its raves pursuant to the Ncvertber FCC Farm 1205. With respect vo each affected subscriber entitled to a refund, the Company shall irrplerier_t the rate refunds pursuant tc th-s Paragraph wivh_n sixty (rr• .days after the City ~+Ianager approves the refund p_an that the Co*~pany she-' sub~-~t pursuant tc Paragraph No 2 L . ~~~thir: sever. ~;7 days after the da.e cf adoption by tee Coun~.~~l cF th-s Rate Crde~', t_^_e Co~rpany shal= submit a Wei-tYr plan ~c ~ e ~~ty '~,anager wrich, a- a minimu;r, shall set forte the Corlpar_t~r' s method cf providing re=ands to subscribers ipius incerest? pursuant vc ?aragranh '~Tc 1, identifies the bass for the valc~:lat~o~ cf the amount cf Y4fur_ds, ~deT'a~.~~ticS the arr•ount of ~~he refuna; zdent~=yes the applivabl~ interest rate and explair_s how it was calc-~:latea; provides : he r_umber cf subscrrbers e-~t-tled to a re Fund for each montr• c-'urrng the refund period and the actaal ~-a~e charged sac: subscrrbers fcr the "SmartPox" converter and fcr the "~3r~iTrera-" zemo_e control dev=ce during s-.~ch perrod, and exp~.arns how the rate refunds ordered herein s all by implemented. Such plan rs sulb_ ect to the •Ci vy ?Manager's reva.ew azd approval The Cc-rpany' s cblrgatro:~ tc sub-r-t s;~ch p=ar_ shall pat arfect the Company's obl~gat~on to implement rate refunds, as set farts ~n ?aragraph No. 1. 3 Te Council reserves the right to order additional adjustments tG the rates, and any refunds, far the "STa~tLSOX" converser aid she "Un-versal" remote contrcl device upon complet-cn of tae City`s review of the Company's November FCC Form 1205. ;. Witr~i~ sever_ (7) days af4er uhe date of adoption by the Counc~~ of trls Rate Order, the Company shah provide a w}~tten stave rent as to whecner the Corlpany cr~arged or charges: L any bass-only subscriber far a "SmartBox" converter or any other converter tre Company requires any such subscriber to have; and (2! ar_y s:~ch basic-only subscriber for the "Universal" remote control ae-r_^e c•r any other remotR cor_trcl device used to operate any such converter k copy of any source documents ;and a detailed summary ..- the ~r_for-r~atior contained ~.n the source documents; should accc:~nar~y t:_~ Co:rpary' s response . ^re Cour_c_1 reserves the right to aeterr~-ne wY?ether any chiarges ~rl~osed by the Company on basic- o. lv subscribers for con~rerter boxes and reriote cantrol devices are per~~ssib_e Under apnl=Cable _aw ana tc taxe aN~ropriate ac.1Or~ if sort charges are not germ=_ssib--e Ln^er app~icas~le law. 5 Te Coun•^il reserves she r_ght to modify this Rate Order ~f, at any time, it determines tzar in~armatzcn the Company proTvrided ce t:~e City is incorrect in any rnater~al manner. E '~e City Manageti- is ordered to ma_i a copy of this Rate Order to v~_e Company, prav~de a~pronrlate public notice of this a Rate Order, and make a copy cf thls date Order available to any persor_ uNCn raquest. 7. the City ~Clerx snail certify to the adoptZOr_ of t is Reso~uticr, and tl^~enceLorth and thereafter the sane sray~ be ~n fill force and effect. APPROV= D AS ~ O ~ ORI~; :~;~ c,C,~--~ ~~ Lam, ~!~ u NAR51~~ JONES MOLTTnIE`~ C I "'Y A"_'^'OR~T~ v 5 KaISER SCHERER & SCHLEGEL CERTIE'IEi1 PI"HI IC AGGOL'~TTA~"TS 1899 L STREET ~ h , SUITE 702 k ~SHI~TG7'OA', D G 200.'38 TEL (2021 488-4658 December 15, 1995 Ms. Lynn C. Barrette Assistant City Manager City of Santa Monica P.O. Box 22DD Santa Monica, California 90407-22DD FAX (202) 331-8342 Re: Century S.W. Cable Television III request for equipment rates for universal remotes and "SmartBox" converters Dear Ms. Barrette: You have asked us to analyze the request for equipment rates for universal remotes and "SmartBox" converters filed with the City of Santa Monica regarding Community Unit Identification number CA0455. The purpose of our analysis is to assist the City of Santa Monica in its determination of whether the rates proposed by Century Southwest Cable Television III ("Centux'y"}, for universal remotes and "SmartBox" converters are reasonable under the regulations adopted by the Federal Communications Commnisaion ("FCC") . While our efforts involved the analysis of accounting records and other information supplied by Century, we did not perform an audit of Century`s financial statements in accordance with generally accepted auditing standards. Had we performed additional procedures or had we made an examination in accordance with generally accepted auditing standards, other matters might have come to our attention that would have been reported to you. Furthermore, our report assumes that the information provided and representations made by Century are true and accurate. Our analysis and this report are intended solely for use by Santa Monica for the purpose described above. This report is based on work performed to date and the regulations adopted by the FCC including, among others, certain regulations which became effective on May 15, 1994. The procedures we performed are attached as Exhibit I. CEN•rutcY S . W . CABLE TELEVISION III UNIVERSAL Rffi~IOTES AND SMARTSOX CON~TSRTERS SUMMARY OF FINDINGS This section presents a summary of the results of our analysis for those items which, based on a review of the information provided and procedures performed, we believe should be considered by Santa Monica in itS review of the rates for universal remotes and converters submitted by Century. Below is a chart which sets forth Century's proposed rates and the recommended rates based on our calculations: Century's Proposed Maximum Permitted Rate Universal remote SmartBox converter $1.56 $3.20 EQIIIPMSNT RATES Form 1205 Recommended Adjusted Rate $ .71 $2.29 The FCC rules address the process foz~ filing the first 1205 to establish equipment rates in conjunction with the FCC Form 1200. The FCC recently clarified that the FCC Form 1205 ss the appropriate Form to use to determine the rate for new equipment subject to certain modifications. See Thirteenth Drder on Reconsideration, MM Docket No. 92-266 at paragraph 91. (released Sept. 20, 1995). We have attached pertinent sections of the Fox'm 1205 which reflect the calculations we made. These calculations are summarized as follows: I. Universal Remote RSS Calculation: Gross book value Accumulated depreciation Return on investment Current depreciation Annual capital costs Maintenance costs Total cost of remotes Rate per month 300 *($12.00+$1.25) _ $3,975 ($3,975/10) _ $398 11.25 * ($3,577) _ $402 ($3,975/10) _ $398 $402 + $398 = $800 75 hours * $23.48 = $1,761 $1,767. + $800 = $2,561 ($2,561/300)/12 = $ .71 2 Our calculations differ from Century's calculations in several respects. Century calculates its maximum permitted rate as follows: Century added the sum of the invoice cost ($12.00), cost of batteries ($]..25}, cost of handling ($.25 * S}, return on gross book value of investment ($1.72) and finance cost ($1.70). These costs amounted to $18.57. Century divided this total by 12 months to arrive at the $1.56 monthly lease cost. Century capita],ized the $2 . QQ handling charge with each remote instead of including these salary costs in the Hourly Service Charge calculation. We allowed the related 75 hours on the basis that these hours were used to install batteries, discuss how to use the remote with subscribers, and to repair the remotes. Century added a 10p financing cost to the base price of the remote. We believe that Century's methodology is inconsistent with the FCC's rules for the following reasons: Century did not follow the methodology outlined in the FCC rules which is to calculate equipment basket rates by adding the operating costs plus rate of return on net assets. The salary cost of employees to maintain and install the remote should he included in the hourly service charge calculation. The cost of batteries couJ.d also be included in schedule B of the hourly service charge calculation. We are allowing the capitalization here as the impact on the return on investment calculation is de minimis. Century did not state that the subscribers would be given the remotes at the end of one year, yet Century recovers the costs during the first twelve month period. We have depreciated the cost of the remotes over a period of ten years, which is the useful life used by Century in computing depreciation for converters. 3 II. SmartBox Converters As with the calculation for the universal remote, we calculated the maximum permitted rate for SmartBox Converters using a FCC Form 1205 format, a copy of which is attached. The calculations reflected on this form are summarized as follows: ICSS Calculation.: Gross book value Accumulated depreciation Deferred taxes - tax dep less book dep * tax rate Return on investment Current depreciation Annual capital costs 2,OOQ * ($128.19) _ $256,380 ($256,380/10) _ $25,638 ($36,537-$25,638) * .4014 = $4,414 11.25 * ($226,328) _ $25,462 ($256,380/10) _ $25,638 $25,462 + $25,638 = $51,100 Maintenance costs Total cast of converters Rate per month 47.5 hours * $23.48 ~ $1,115 $1,115 + 51,100 = $52,215 ($52,215/1,900)/12 = $2.29 Our calculations differ from Century's calculations in several respects. Century's calculations are summarized as follows: Century calculated gross book value as $256,380 by taking the average cost of the three converters multiplied by the number of converters. Century calculated maintenance cost by multiplying maintenance hours times an average hourly service charge of $16.00. Century calculated depreciation expense. Century calculated a return on ~.nvestment. Century computed total cost of investment by adding return on the gross book value, depreciation, and maintenance costs. Century computed the rate per month by dividing the total cost of investment by the number of units in service by 12 months. we believe that Century's methodology is inconsistent with the FCC's rules for several reasons: Century did not follow the methodology outlined in the FCC rules which is to calculate equipment basket rates by adding the operating casts plus rate of return on net assets. Century calculated depreciation expense, but did not include the corresponding accumulated depreciation of $25,638 required in column C of its modified FCC Form 1205. 4 r Century did not calculate any estimated deferred taxes, which although de minimis for remotes are more significant for SmartBox. Century used an average Hourly Service Charge ("HSC"} of $16.00. We used the HSC of $23.48 thaC the Gity of Santa Monica approved in Resolution No. 8781 which established approved rates far basic service and equipment and installation rates. We have no responsibility to update this report for events and circumstances occurring after the date of this report. Very truly yours, R. Schle ~. Attachment: As stated 5 CS1K'l urc3C S . W . CABLE TEI.$VISIOPT III IIl~IVSRSAL RSIKOTSS AND SMARTBOS CONVERTERS E%HIBIT I PROCSDIIRES The procedures we performed included, but were not limited to, the fallowing: GSPTSRAL 1. We reviewed the City of Santa Monica's Resolution No. 8781, which established approved rates for basic service and equipment and installation rates. 2. We assisted the City of Santa Monica in preparing a request for information in July 1995. 3. We reviewed Century`s response to the request for information dated August 1995 and the supplemental information attached thereto. 4. We recomputed the FCC Form 1205 Schedule C for the Universal Remotes and SmartBox Converters. 5. We developed an understanding of the assumptions and computations used by Century and analyzed the proposed rates in relation to the explanations and information provided by Century. 6. We compared the Book Cost, Accumulated Depreciation, Deferred Taxes, Current Provision for Depreciation for each asset to Century's supporting invoices and other documentation. 7. We computed estimated deferred taxes for the SmartBox. 8. We completed a modified FCC Form 1205. 6 Federal Caarm.ar~lxses Cnmmerowa Wnhlrgme ~ C Yn+3a ApproaedM OMB ~[u~i.1+31;. Ezpncs i3n•;• a -SLl1EUCLEC CAPrtwL CD5T5 OF LH,tSBa CL°STOMER E4UERME4IT -A ~Equlpaarnl I Remnte 1 - Rdllac : ~ Ree.m 7 Connrter 1 C.nrenax Y Cxnrenrr l O[her Equlp I IH 'Ton! Malr~---~-$m~ce Hone llaach E.~iwnm I 75 fllMail ~ I ~7 SIMXII ~C °TdaliOF lie l4m$p~u ?Ixf 1MXXl 191Ml fXXX! b IGmri Hon! 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Jdlaceml S}^s fzfel~ T'"1{Si CarsxrYrl a' S'ao~ S3 iSlxll f 1 1 LS J+xx3 tS l3§6s'Hi~ f`2.711 77iu- I7d>Irpllni ~~' xa~n 52.3! 17 I II IMIIii f23 iS110: Sn hGm: f<I WMIni fll dF-.I a naflN ~Il aa~ IM19f! LJa s~=. f} S I Su yna~ 1 4ppreseAM Qs+SS ily+uls`II E~gaos +'Zrl"- h Rn+role 2 n dxxl. 32J 4arlfi SO agMr f(11111(ar- ft1 dyn 0.Mrr1 Se tldllr ~Q d11M1 ~ h ran,zraer 2 tl }xxMl~l Sj] aclxl- Srl fF-311- f17 drMl~. inllnUU- ~pn nolxi l fMMYI. fh dxr~ l ltamo u ail texMl Ls: aStllr pl txril(r ill IxMT]' fIL[axa[ it Iaxhi' y.Ix11F1 ~I P19UI Lmsmtt' /. -Illn ~• S_J +anil lpi rxlpl f~l Ix_- Su drHr- ' >•~: ~1 rMlf:)' Slr-Ixk•r` Fayza _n. .•=1 V.- \ersror '_.- F"~F^rr -_ 'I~s l •. ~i1l.ISER SGHERER SC SCHLEGEL CERTIFIED PL'BI IG AGGOE71~'TA\TS 1898 L STREET K 'M', SL"ITE 702 M'ASFIIiTGTO~, D G 20038 T£L [242) 49®-4859 December 15, 1995 Ms. Lynn C. Barrette Assistant City Manager City of Santa Monica P.O. Box 2200 Santa Monica, California 90407-2200 FAX (242) 331-8342 Re: Century S.W. Cable Television III response to Dx'aft Financial Report dated November 30, 1995 regarding the 5martbox converter and the Universal remote control Dear Ms. Barrette: As we stated in our draft report, the FCC rules address the process for filing the 1205 to establish equipment rates in conjunction with the FCC Form 1200. The FCC recently clarified that the FCC Form 1205 also is the appropriate Form to use to determine the rate for new equipment subject to certain modifications. See Thirteenth Drder on Reconsideration, MM Docket No. 92-266 at paragraphs 90-91, released Sept. 20, 1995, a copy of which is attached. The purpose of following these procedures is to compute an "interim rate". This rate for new equipment would be adjusted when the cable operator completed the next annual Form 1205 filing, which is the filing the City received November 1995. Qur calculation for the Smartbox converter is summarized below: 1. Gross book value 2. Accumulated depreciation 3. Deferred taxes - tax dep less book dep * tax rate 4. Return on investment 5. Current depreciation 6. Annual capital costs 2,000 * ($128.19) _ $256,380 ($256,380/10) _ $25,639 {$36,637-$25,638) * .4014 = $4,414 11.250 * ($226,328) = $25,462 ($256,380/10) _ $25,638 $25,462+ $25,638 ~ $51,100 7. Maintenance costs 8. Total cast of converters 9. Rate per month 47.5 hours * $23.48 = $1,115 $1,115 + 51,140 = $52,215 {$52,215/1,900)/12 = $2.29 It is our understanding that Century disagrees with two parts of the above calculation: Line 2. Accumulated depreciation Century states that since the "equipment is brand new, there should be no accumulated depreciation. An annual depreciation provision is necessary to determine a rate, however, depreciation does not begin to accumulate until the end of the first year." The FCC rules state that a cable operator must use generally accepted accounting principles {"GAAP") when completing the FCC forms.l On schedule C of the Form 1205, the cable operator is asked to: a) state the gross book value; b)state the accumulated depreciation; c} state the defex'red taxes; d) compute the net book value; and e) compute a rate of return on this "net asset" value. This computed rate of return value forms one component of the rate charged to subscribers. A separate component of the rate is calculated by including the annual operating expenses relating to the piece of equipment, i.e., depreciation expense and costs for maintenance and repair of the equipment. In this case, Century wants to include in the rate calculation the estimated annual depreciation expense, but does not want to reduce the gross asset value by the corresponding accumulated depreciation in computing its rate of return. We believe this is inconsistent and is not permitted by the FCC rules. The FCC Forms consistently calculate a rate based on a snapshot of the data at a paint in time (i.e. data for a certain fiscal year whereby the balance sheet items are as of the end of the year and the expense items are for the 12 months in that fiscal year), just as if the data had been recorded on the company's general ledger in accordance with GAAP. Once the cable operator takes depreciation against an asset, the net asset value decreases, which in turn, decreases the base amount used to compute the return component of the rate. The cable operator cannot recover depreciation plus a rate of return on the original undepreciated asset value. Under GAAP, depreciation accumulates throughout the period of service and is recorded as an offset to the original asset cast. The net book value of an asset consists of its original cost less accumulated depreciation. Depreciation expense begins when an asset is placed in service, and hence, begins to generate revenue. It is K~~C~ ~ c~3:2CZ i7'"~°~ u~:I~ _ ::~ ~i':p~ iti~ ~i C° O~ ~r~y OSc''~ K'~:~ ~.'i'~'K~P~ ~ebr-~ary 22, 1.~~4, ~'. Acc~~zt~~g Requ~rementG _? ^.F R s76 ~2s .~. any §~~ X24 ~ _ ..~. . vr~ ~2~~5, N1ay ~ 99~, Genera- ~nstrLCticns, 0 3 -2- inconsistent to book depreciation expense on the profit and loss side of a company's ledger and not to book the corresponding credit ' to accumulated depreciation on the balance sheet side of the ledger. GAAP does not allow the one-sided entry Century is attempting to justify. Equipment is classified as an asset on the balance sheet or is expensed immediately in a company's profit and loss statement depending on its estimated useful life. If a piece of equipment has a de minimis cost or has a useful life less than one year, a company usually chooses to expex~se it ~mmediately. If a company estimates that the asset will generate revenue for, in this case, ten years, then the company records the item on the books as an asset and the value appears on the balance sheet of the company. A company also realizes that the asset value deteriorates over time and accounts for this deterioration by establishing a depreciation policy. GAAP requires that this asset cost be spread over the expected useful life of the asset in such a way as to allocate it as equitably as possible to the periods during which services are obtained from the use of the asset. This procedure is known as depreciation accounting. Generally accepted accounting principles define depreciation accounting as follows: A system of accounting that aims to distribute the cost or other basic value of tangible capital assets, over the estimated useful life of the unit in a systematic and rational manner. It is a process of allocation, not of valuation. The FCC rules require cable operators to establish equipment rates in accordance with GAAP. '. In this case, since Century established a ten year useful life for these converters, Century should take one tenth of the asset value away each year by making a debit entry to depreciation expense for one tenth of the value and by making a corresponding credit entry to accumulated deprecation, an account which appears on the balance sheet. This "double-entry" procedure is in accordance with FCC policy stated at 47 C.F.R. §76.1152 (b) Accumulated Depreciation as follows: This account shall be credited with depreciation amounts cancurrently charged to the Depreciation Expense--Cable Services Plant in Service Account. [Emphasis added] Century`s methodology overstates the rate charged to subscribers by seeking to exclude the concurrently charged ` ~RB~3, ~~lyr', par - wee ~^ ~ _ .k o76 ~2~ c~ and 67~ 924 ;;^'~ -3- depreciation expense from the asset value and including in the rate calculation the full original cost of the equipment plus a full year of depreciation expense. Because Century seeks to include depreciation expense in calculating its rate, we believe it is appropriate under GAAP and the FCC rules to reduce the net asset value by posting a corresponding value to accumulated depreciation. Inclusion of accumulated depreciation decreases Century's proposed rate by $.13. Line 3. gstimated deferred taxes Regarding deferred taxes, Century states, "because the equipment is new, there would be no deduction for deferred taxes since the asset has not yet been depreciated (creatzng a book versus tax depreciation difference.) For the reasons stated above, book and tax depreciation expense are theoretically computed simultaneously. The instructions to the FCC Form 1205 Schedule C. Line F state that deferred taxes should be included in the calculation. The instructions explain that deferred taxes result from the use of faster depreciation write-offs for tax purposes than for financial reporting purposes. In this case Century uses a ten year life for financial reporting purposes and a seven year life for tax return purposes. This "book-tax" difference results in Century accruing a future tax liability relating to these assets. The FCC rules require that this deferred tax liability value be included as a component of the net equipment asset value. Inclusion of an estimate of deferred taxes decreases Century's proposed rate by $.02. Please call us if your have any questions regarding this matter or if vse can be of further service. Very truly yours, J re R. Sch el -4- r• equtpment costs 90 ~[nrro~'rr undrr C\i+tin~~ E~tlcs, c~(+rritorti kt thrEr tqutprnrnt and instailauon rafts an an annual basis usin~_ [hz prcLe~finr' tisLal ,ear ~~'e LrEYttnur [~~ hefirtiC as •~e found m the Tlrrrd RerQ,r~rclrrurrvrr Qrclcr that `cttuty r'att~ u~tm' cu•[• nctt pry-~GLird rrrrriE[S operators to reco~Cr their tuEE Lost ~~t ryuEpmrnt.'"' For th~~•e Lases «hrrr uprrators tacC an unusual change En operatEOns that «uuld not tK rrt]rLted Eel the prz~u~us }tar .annual data. the First Rc•cwtsrcleratrorr Orzi~r stand that operators are pzrmttted [o use a rrpresentatE~'e month for the purpose of caiculatEn~~ ryuEpmrra rates. prop icizd that franchtstng authortties asree to thts arrant=.ement.'~` 91 Finall}•. the clartf} huw an operator should set Ets tniua[ rates for new t}•pes of equipment '°` Wr have prey Eauslti sta[Cd that ~~•hen an oprrator Entroduees a new t}°pe t~f equipment, the operator ma} set a rate for that rqutpment at the time Et is tntrocluccd '"" Uttrtl now. ho«•errer. -ve have not pro~•tded a mrthodola~**~ :~tLUrdtnglr. no rariier than 60 daps before the date the neca npt of zyutpEncnt is scheclttlC<i to ht intrexluocd to subscribers. the operator ~ti•Eii bz permuted to tilc for a ratz adjustment fin a Furn~ I?0~ The prupo~d rate would ~o into effect a[ the rnd of thts b0-da}• ptrEOd unlcs~ feet frtnchistn~~ authority rtJects the proposed rate as unreaisonahlt or the fratkhtctng autlwnt~ finds that the upcrator has Submuteci an mcotnplerz tiltm_ In srrtinL rats Fier nr~~ t~ pts of tyutpmtnt, opcr.ttors ~Lauld compEetr fete relE:~ant purnnn of Schedule C and the rCir~an[ Step of the 1~'orkshret for CalLUlattng Permuted EquipnYrn[ ;end Installatwn C1zar~CS L?t a F~~rm I'_0~ ~IurCO-'cr. ~+,'here applECable the operator cstYUld use figures from the must rcrrnt Farm I'_03 for thz mtornYatEUn nut sptuticall} rzlatre! t~~ tltz nc~~ tyuirmrnt. L ~ .the H~wrh SrnfECe Chan*t ltl CaECUEatlns the annu.E! nllintC*7.inLC anal ~Cr. ire h~~urs tc~r the nCti~ C4uEpmtnt. [hr ~~rat~~r ~hUl3El! ba]C its en[n l~n [EYt .1~Cr:tYC .llYnual C\pCLtC[! [lEliC rCC~UtrCLE IP maEntain thr Untt. i r . CCpCCIeCE ~Cf~'t(,C hours reyttirrc! t~~rr the litC at the CyuipnYrnt umt hztn~, tntraduerd dtticlzel h}• t}:z Cgtlipmrnt :snit ~ z\pCC.tt~i l~tr b ReetElatan Reti Ee~~ Period for annual Rate Changes a. Bsstc Ser-ice Tier 9? Qperators that elect the annu~~l rate adjustment methoduiuvv must tiie I35T rate Lhangr requzst5 at Eeast 90 Jai ti prier w thz date thcti plan to irnpiemznt the propvsecl '" Tltrrd Rrc vrt~tdercurr~rr C~rc;cv 9 FCC EZc~I •!: ~~ "' Fu st R!'t U1151CfCl c1'!Wi (h.rc l 9 FCC RL~1 at l W0(] " This .~ppr('a~h i~ not [linitt~l <<~ +~p~raiL~s tn~t ziC~t t1YZ atlnuaE tiltn~_. E~ut applie. u~ all t'r^.C'.ltc~r~ th.lt CIc E-~~C':' I.U' ~~ i 1!)r .~~(~1rl3f[~C"Cfrl~llr ()r,~~• '7S i'l C ~{..i :i ~ lt~~) :ti 1 RECOMMENDATiON$ It is recommended that the City Council adopt the attached salary resolution establishing the new salary rates far the listed position classifications Prepared By: Karen L. Bancroft Attachments: List of New Community and Cultural Services ClassEfications Salary Resolution ATTACHMENT LIST OF NEW CLASSIFICATIONS DEPARTMENT OF COMMUNITY AND CULTURAL SERVICES Prmc~pal Community Services Supervisor Principal Community Services Supervisor -Senior Services Principal Community Services Supervisor -Youth and Family Services Community Services Program Supervisor Community Services Program SupervESOr -Aquatics and Community Sports Programs Community Services Program Supervisor -Community Sports Programs Community Services Program Supervisor -Employment Programs Community Services Program Supervisor -Therapeutic Recreation Programs Community Services Program Supervisor -Volunteer Programs Community Services Program Supervisor -Youth and Family Programs Community Services Specialist IV Community Services Specialist III Community Services Specialist III -Youth Fitness Community Services Specialist li Commur:rty Services Specialist I Comrnun+ty Outreach Coordinator RESOLUTION NO. ssa4 (ccs) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR COMMUNITY SERVICES SPECIALIST IV, PRINCIPAL COMMUNITY SERVICES SUPERVISOR, PRINCIPAL COMMUNITY SERVICES SUPERVISOR -SENIOR SERVICES, PRINCIPAL COMMUNITY SERVICES SUPERVISOR -YOUTH AND FAMILY SERVICES, COMMUNITY SERVICES PROGRAM SUPERVISOR, COMMUNITY SERVICES PROGRAM SUPERVISOR -AQUATICS AND COMMUNITY SPORTS PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR - COMMUNITY SPORTS PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR -EMPLOYMENT PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR -THERAPEUTIC RECREATION PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR -VOLUNTEER PROGRAMS, COMMUNITY SERVICES PROGRAM SUPERVISOR -YOUTH AND FAMILY PROGRAMS, COMMUNITY SERVICES SPECIALIST III -YOUTH FITNESS, COMMUNITY SERVICES SPECIALIST II, COMMUNITY OUTREACH COORDINATOR, COMMUNITY SERVICES SPECIALIST III, AND COMMUNITY SERVICES SPECIALIST f THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVES AS FOLLOWS: SECTION 1. The following monthly salary level is hereby established for the indicated permanent classification effective July 1, 1995. COMMUNITY SERVICES SPECIALIST IV 52,605/Month E-Step { $ 2, 787/Month with PERS} SECTION 2. The #ollowing monthly salary levels are hereby established for the indicated permanent classifications effective January 9, 1996. PRINCIPAL COMMUNITY SERVICES 54,4801Month E-Step SUPERVISOR {54,794/Month with PERS} PRINCIPAL COMMUNITY SERVICES $4,480/Month E-Step SUPERVISOR -SENIOR SERVICES (54,794/Month with PERS} PRINCIPAL COMMUNITY SERVICES 54,4801Month E-Step SUPERVISOR - YOUTH & FAMILY {54,7941Month with PERS} SERVICES COMMUNITY SERVICES PROGRAM 53,667/Month E-Step SUPERVISDR {53,9241Month with PERS} COMMUNITY SERVICES PROGRAM $3,667/Month E-Step SUPERVISOR - AQUATICS AND ($3,924/Month with PERS} COMMUNITY SPORTS PROGRAMS COMMUNITY SERVICES PROGRAM $3,667/Month E-Step SUPERVISOR -COMMUNITY SPORTS {$3,924/Month with PERS} PROGRAMS COMMUNITY SERVICES PROGRAM 53,667/Month E-Step SUPERVISOR -EMPLOYMENT (53,924/Month with PERS} PROGRAMS COMMUNITY SERVICES PROGRAM $3,667/Month E-Step SUPERVISOR -THERAPEUTIC {$3,924/Month with PERS} RECREATION PROGRAMS COMMUNITY SERVICES PROGRAM 53,667/Month E-Step SUPERVISOR -VOLUNTEER (53,924/Month with PERS} PROGRAMS .; COMMUNITY SERVICES PROGRAM SUPERVISOR -YOUTH AND FAMILY PROGRAMS COMMUNITY SERVICES SPECIALIST III -YOUTH FITNESS COMMUNITY SERVICES SPECIALIST II COMMUNITY OUTREACH COORDINATOR $3,667/Month E-Step 03,924/Month with PERS) 52,282/Month E-Step (52,442/Month with PERS) $ '! , 615/Month E-Step (51,728/Month with PERSf 53,4101Month E-Step (53,649/Month with PERS) SECTION 3. The following hourly salary levels are hereby established for the indicated temporary classifications effective January 9, 1996. COMMUNITY SERVICES 510.661hr. A -Step SPECIALIST III 511.19/hr. B -Step 51 '1.84/hr. C -Step 512.511hr. D -Step 513.171hr. E -Step COMMUNITY SERVICES 56.141hr. A -Step SPECIALIST I $6.43/hr. B -Step 56.811hr. C -Step 57.19/hr. D -Step 57,571hr. E -Step SECTION 3. The City Clerk shall certi#y to the adoption of this Resolution, and thenceforth and thereafter the same shall 6e En full force and effect. APPROVED AS TO FORM: ~~ ~ ~ ~~ tt~ Marsha Jones )(Ulautrie City Attorney/ i Adopted and approved this 9th of January, 1996 ~~o~..~ Mayor I hereby certify that the foregoing Resolution $9$4 {CCS) was duly adopted at a meeting of the City Council held on the 9th of January, 1996 by the following vote Ayes Council members Abdo, Ebner, Genser, Holbrook, Rosenstein Noes Council members None Abstain Council members Nane Absent Council members Greenberg, O'Connor ATTEST City Clerk ~