R-4821
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RESOLUTION NO. 4821 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
GRANTING TO THETA CABLE OF CALIFORNIA AU'lliORITY TO INCREASE
TH::: RATlOS FOR CATV SERVICE WITHIN THE CITY OF SlI-NTA !'IONICA
WHEREAS, Theta Cable of Callfornla has requested authority to lncrease
the rates for CATV service within the Clty of Santa Monica; and
WHEREAS, Ordinance No, 734 (CCS) prov~des that no ~ncrease in rates
and charges to subscribers may be made without the prlor 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 lncreased, and
WHEREAS, The C~ty Councll has determined that the rates and charges
herelnafter set forth are fa~r, Just and equitable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the portlon of Sectlon 3.E. of Resolutlon 3644 (CCS)
adopted August 8, 1967, pertainlng to rates and charges for CATV serVlces in
Santa Monica be amended and Resolution No. 4569 (ees) dated December 10, 1974
are hereby resclnded and replaced by the following schedule of rates and charges.
I. Installatlon Charge
A. Residence (each dwelling unit)
1. First Outlet
a. Standard Installatlon
i. A standard lnstallation shall lnclude 1nstallation
of drop cable with fittings up to 150 feet from the
CATV distribution system (measured along the cable
from the center Ilne of the street or utillty ease-
ment) through the house wall or at the customer's
optlon through the floor from a house vent or crawl
space directly to the customer's televlsion set wlth
five feet of cable from the wall or floor entry to
the TV set, Also lncluded is the ground1ng cable,
fine tunlng of the televlslon set and the provisions
of approprlate Ilterature.
b. Overhead SerVlce
1. The charge shall be $15.00 for a standard installatlon.
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c. underground SerV1ce from Underground Feeder Cable
i. In the event that the subscriber independently
prov1des for h1s own trenching (1nclud1ng any
necessary bor1ng, backfilling, repav1ng and/or
replant1ng), the charge shall be as stated above
for Overhead Serv1ce.
i1. In the event that the subscriber contracts with
the company to prov1de the trenching and related
work on the subscriber's property, the charge for
the trenching, etc., shall be the cost 1ncurred
by the company and the charge for the duct, cable
and installat10n shall be as stated above for
OVerhead Serv1ce.
iii. In either event, the company shall bear the full
cost of prov1d1ng the trench1ng and all other
facilit1es from the feeder cable to the subscriber's
property l1ne.
1V. The company shall 1nform the subscriber of the
above options and prov1de the subscriber W1th
a written estimate of the costs therew1th.
(a) . In the event that a written estimate is
not given to the subscriber, the total
cost of underground 1nstallat1on shall
be as stated above for Overhead SerV1ce.
d. underground Service from OVerhead Feeder Cable
1. The charge shall be as stated above for overhead
Service and in addit10n thereto, the d1fference
between the company's 1ncurred cost of provid1ng
the underground fac111t1es from the feeder cable
to the subscriber's property line and the estimated
cost of construct1ng equ1valent aer1al fac111t1es,
ii. The subscriber shall be g1ven the option of provid1ng
h1s own trenching (1nclud1ng any necessary bor1ng,
backfilling, repaving and/or replant1ng) or of
contracting with the company to prov1de the
trenching and related work on the subscriber's
property. The charge for the trench1ng, etc. on
the subscriber's property shall be the cost 1ncurred
by the company and the charge for the duct, cable
and installation on the subscriber's property shall
be 1ncluded in the charges stated in l.A.I.d.i. above.
11i. All conditions stated in l.A.l.c.iv. above shall be
app11cable.
2. Each Additional Outlet
a. The charge shall be $7.50 for each addit10nal outlet
if the subscriber's order for same 1S made not later
than the t~e the first outlet 15 1nstalled or re-
connected or any other work by the company 15 performed
on the prem1ses for wh1ch a charge is autbor1zed.
b. When the subscriber's order is made subsequent to
the time specif1ed in l.A.2.a, above, the charge
shall be $15.00 for the f1rst add1t1onal outlet
and $7.50 for each further add1t1onal outlet, 1f
any, ordered installed concurrently.
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c. When an additional outlet 1S installed in a separate
structure on subscr1ber' s premises the charge shall
be as spec1fied in I.A.I.b. above for overhead
service or as specif1ed in I.A.l.c. for underground
service.
B. Reduced Charges Dur1ng Certa1n Periods
1, At the option of the company, any of the foregoing charges
may be reduced by any amount, but only under the follow1ng
cond1t1ons:
a. The subscriber makes a bona fide app11cation for
service not later than 30 days after the company's
local feeder cable is initially placed in serV1ce
and such cable is reasonably accessible to the
subscr1ber's prem1ses; or
b. The company f1les w1th the C1ty Clerk not1ce spec1fying
the cond1tions under which the foreg01ng charges
w111 be reduced. The not1ce shall 1nclude the reason
for reducing the foregoing charges, the specific
t1IDe per10d during wh1ch the foregoing charges w111
be reduced 1n each area of the City and the amount
of the reduced charges. The not1ce shall be flIed
Wlth the C1ty Clerk not less than 10 days prior to
the start1ng date of the reduced charges and the
cond1tions under Wh1ch the foregoing charges will be
reduced shall be subJect to such modif1cat1on or
restr1ction as the C1ty Council may 1mpose.
c. Reduced charges, 1f offered, shall be on a nondiscri-
minatory nonpreferent1al basis.
C. Installation of A-B SW1tch, Channel Selector or House
Amplifier
1. The charge shall be $7.50 for the 1nstallation of an A-B
Switch, Channel Selector or House Amp11fier 1f the
subscriber's order for same lS made not later than the
time the first outlet 1S installed or reconnected or any
other work by the company is preformed on the premises
for wh1ch a charge 1S authorized.
2. When the subscriber's order is made subsequent to the
t1ffie spec1fled 1n I.C.I. above, the charge shall be
$15.00 for the f1rst A-B Switch, Channel Selector or
House Ampl1f1er 1nstalled and $7.50 for each further
A-B Switch, Channel Selector or House Ampl1f1er, 1f
any, ordered installed concurrently.
3. The charges for house amplifiers stated above in I.c.l.
and I.C.2. shall apply only to house amplifiers lnstalled
in single reSldences or bUSlness establ1shments.
D. Deposlt for Channel Selector
1. A $20.00 depos1t may be collected for each channel
selector prov1ded to a subscriber after the effective
date of this order.
a. The company shall pay simple lnterest at the rate
of ~ percent per month on deposits held for an
ent1re month.
b. The depos1t plus interest, less any unpa1d charges
owed by the subscriber, shall be refunded upon
disconnection and return of the channel selector
to the company.
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E. Multi~le Apartments, Hotels, Motels, Condomin1ums,
Townhouses and Nonres1dences
1. All 1nstallat1on charges (excluding the cost of all
amplif1ers) for the above capt10ned classes of subscribers
shall not exceed the actual cost to the company of malnng
such installat10ns and shall be charged to the owner thereof
as hereinafter prov1ded.
a. Mult1ple apartments shall be under one ownership and
may have either one customer billing or 1ndlVldual
tenant b1111ngs. Owner approval shall be requlred
on all installatlons,
b. Condom1nlums shall lnclude 1nd1vidually owned unlts
where the unit owner has title to the structure
w1th1n the confines of the walls, ceiling and floor
of h1s unlt with elther one customer bllllng to
the owners' assoclatlon or lndiv1dual bllllngs to
the unit owners.
1. The legally recogn1zed condomlnlum owners' assoclation
shall be consldered as the owner of the bUlldlng ln
applY1ng I.E.l. above and its approval shall be
required prlor to all installat1ons.
c. Townhouses shall 1nclude individually owned units
where the un1t owner has t1tle to the structure
W.l.th1n the conflnes of the walls, the ground below
and the air space above with e1ther one customer
billing to the owners' association or 1nd1vldual
bll11ngs to the un1t owners.
i. The legally recognized townhouse owners' association
shall be considered as the owner of the bUlld1ng In
applying I.E.I. above and its approval shall be
required prlor to all installat1ons.
d. In those lnstances where an 1ndividual condomln1um
or townhouse unlt owner applies for serV1ce and
the serv1ce can be provided in accordance with
Section I.A.I.a. above, the installation charge
shall be as stated in Sect10n I,A.l.b. in 11eu of
the charge stated ln I.E.l. above. The 1nstallat1on
charge shall be charged d1rectly to the unit owner
and the approval of the owners' assoclation shall
be required prlor to all 1nstallations.
2. The 1nstallatlon charge set forth 1n Sectlon I.A.l.b. above
shall not be made ln addition to the 1nstallatlon charge
set forth In I.E.I. above.
3. The company shall keep such records as may be necessary to
identify the costs and charges associated w1th each of the
foregolng subscribers.
F. Add1tlonal Charge for Nonstandard Installation
1. In the event that a subscriber requests a nonstandard
lnstallat1on, such as concealed wir1ng, wirlng to an out-
let on an ins1de wall, an outlet locatlon more than 150 feet
from the CATV distr1but1on system prewlrlng of a residence
under constructlon or any other installatlon not 1ncluded
in a standard 1nstallation (I.A.I.a.), the company upon
written agreement with the subscriber may make an add1tional
charge not to exceed the cost to the company attributable
to such nonstandard 1nstallation. If company and subscrlber
fa11 to reach an agreement on the add1t1onal charge, the
Clty Manager upon request from the subscrlber or the company
shall determine the amount, terms and condlt1ons of the
addit10nal lnstallat10n charge which would be fa1r and
reasonable under the part1cular circumstances.
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2. The company shall f~le with the C~ ty Manager a current
list of the types of nonstandard installat~ons for
wh~ch an additional charge stated in I.F.l. above shall
be appl~cable.
G. Schools and City-Owned FaCll~tles
1. One standard ~nstallat~on of cable ~n the above capt~oned
classes of subscribers (where shcools are under the
jur~sdict~on of the Board of Educat~on of the Santa Mon~ca
School District) shall be made without charge. The
installation charge for any addit~onal installatlon work
performed shall not exceed the cost to the company of
making such ~nstallat~ons.
2. The company shall keep such records as may be necessary
to identify the cost and charges associated with each of
the forego~ng subscribers.
II. Monthly Rates
A. Res~dence (each dwell~ng un~t) and Bus~ness and Commerclal
Establishments
1. First Outlet - The rate shall be $7.50 per month.
2. Each Additional Outlet - The rate shall be $1.50 per month.
3. In-House Ampl~f~er - The rate shall be $4.00 per month
and shall be applied only when required to provide
adequate signal to f~ve or more outlets.
B. Mult~~le Apartment Un~ts, Hotels, Motels, Condominiums,
Townhouses and Nonresidents
1. Apartment Unlts, Condominiums and Townhouses
a.
Number of Apartment/
Condom~nium/Townhouse Unit
Rate Per Month Per Apartment/
Condomin~um/Townhouse Unit
One Outlet
1 - 4
5 - 19
20 - 49
50 or more
$ 7.00
6.00
5.00
4.00
b. The rate for each additlonal outlet w~th~n an
~nd~vidual unit shall be $1.50 per month.
2. Hotels, Motels and Nonres~dences
a. The rate for each un~t of tranSlent type facilities
shall be $4.00 per month for up to 100 un~ts. For
facllities with more than 100 unlts, the rate shall
be $2.85 per month.
3. The above serVlce rates shall apply where all outlets
are on the same premlses under one awnersh~p as
specifled in I.E. above and with billlng to one customer.
4. The applicat~on of the rates lndlcated in II.B. in
lieu of the rates specified in II.A. shall be at the
option of the company.
5, Separate accounts may be establlshed w~th res~dents of
unlts spec~f~ed ~n II.B.l. and II.B.2. above for the
purpose of mak~ng charges for those add~t~onal serVlces
not lncluded ~n slngle b~lllng agreements.
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C. Channel Selector
1. The rate shall be $1.50 per month for each unlt.
D. Walver of SerVlce Charge to Schools
1. The company hereby waives the foregolng monthly charges for
CATV servlce it provides public schools under the jurlsdictlon
of the Santa Monlca Unlfied School Distrlct and the Santa
Monica Community College D1Strict and private non-profit schools
provlded that such locatlons are passed by the transmisslon
cable malntained for the service of paYlng subscribers.
E. Waiver of Servlce Charge to City-Owned Facllltles
1. The company hereby waives the foregolng monthly charges for
the f1rst CATV service drop it provides C1ty-owned facillties
as agreed on between Theta and the Clty Manager provlded that
such locatlons are passed by the transm1ss1on cable maintalned
for the service of paying subscribers.
F. Televls10n Dealers
1. Theta wl11 make no charge to bona f1de televlslon dealers
selling new sets other than the $7.50 monthly charge for the
flrst outlet, even though multiple outlets may be In use.
Such limitat10ns upon the charge to the dealer 1S conditloned
upon Theta's distribution 11nes passing such dealers places
of bUSlness.
G. Proratlng for Less than One Month's Service
L The monthly rate shall be prorated on the basis of the number
of days 1n the perlod for Whlch service was rendered to a
standard 31-day b11ling per1od.
H. Bill1ng and Payment
1. The b1l1 for the monthly rate may be rendered in advance.
Such bill 1S due and payable not more than flve days
in advance of the period dur1ng Which serVlce 1S to be
furn1shed.
III. Relocation Charge
A. The charge shall be $15.00 for each relocated outlet or
relocated channel selector.
B. The cond1t1on stated 1n I.A.I.a. above shall be applicable.
rJ. Charge for A-B SWl tch
A. A one-time charge of $7.50 shall be applied for each A-B Switch
installed by the company. The charge shall be 1n addltlon to
the installat10n charge stated 1n I.C. above. Theta shall
guarantee each A-B SWl tch for a per~od of one year from the
t~e of installat10n and the switch shall be the property of
the subscn.ber.
1. The company shall not collect any other charges for
the A-B SW1 tch than those stated 1n LC, and IV, A.
above.
V, Reconnect Charge
A. Tne charge shall be $10.00 per subscr:1.ber.
B. The charge shall apply where the company had prevlously
served the premises, and facilit1es are substantially
1n place, but servlce was cancelled, suspended or termlnated
for any good cause or the cable was cut or d1sconnected by
the subscriber or h1S agent or 1n the case of multiple apart-
ments, COndom1n1umS, townhouses and pre-wired residences
when an ind~vidual unlt is connected to the system noncon-
currently Wlth the 1nstallation of the system In the building.
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c. The charge may be applled where the service is not inter-
rupted but a subscriber name change occurs.
D. The charge shall not be made in addition to the installatlon
charge.
E. The company shall not remove, rearrange or otherwl.se
disturb any of lts eXlstlng facllltl.eS for the purpose
of making a greater charge than would otherwlse be applicable.
F. During periods of reduced lnstallation charges speclfled
ln I.B. above, the above reconnection charge shall be
reduced ln the same proportion that the installatlon
charge speclfl.ed ln I.B, above is reduced.
VI. Subscrilier Ll.abl.llty for Loss or Damage to Equipment or
Facl1lties
A. The subscrilier will be held responsilile for loss or damage
to any equlpment or facilities provided by the company,
except where the loss or damage lS due to causes beyond
the subscriber's control. The company may make an addl tlonal
charge not to exceed the cost to the company for replaclng
or restoring the equl.pment or faClll.tles to ltS orlginal
form.
1. The company shall fl1e Wlth the City Clerk and keep
current a 11st of the types of charges that may
reasonably be expected to be applied under this
sectlon.
2. Prior to the tlme the equlpment or facilities are
replaced or restored, the company shall provlde the
subscrilier Wlth a wrltten ltemized estimate of all
charges to be made hereunder.
VII. FM Radlo OUtlets
A. Where the company provldes FM radio signals to the sub-
scrilier's FM radl.o receiver, the rates and charges for
each connectl.on or outlet provldlng such serVlce shall
be l.dentlcal with those set forth above for TV outlets,
VIII.Llne Extenslon Charges
A. In the event that a potentlal subscrilier's preml.ses are
located at such a distance from the feeder cable that
l.t lS not economically feasilile for the company to provlde
service at the foregolng rates and charges, the Clty Manager
shall determl.ne, upon request from the potentlal subscrilier
or the company, the amount, terms, condltlons and refund
provislons of the 11ne extension charge WhlCh, l.n addltlon
to the foregol.ng rates and charges, would be fal.r and
reasonable under the partlcular conditions and clrcumstances.
B. The 11ne extension prOV1S10n stated In VIII.A. above shall
not be appll.ed so as to relieve Theta of ltS baslc requlre-
ment under the terms and conditions of its franchlse to
provide servl.ce withln ltS franchised area1 nor shall the
provlsion be applled to place the burden of' the cost of
lnstallatlon of the basic distributlon and feeder system
dlrectly upon the potential subscriber ln such areas.
IX. Reportl.ng Requlrements
A. The company shall flle Wlth the Cl.ty Controller an annual
profl.t and loss statement ln addltlon to the flnancial and
statlstlcal data requ1red under Ordinance 734 (CCS).
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X. Applicab111ty
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A. The company shall not collect any rate or charge 1n the C1ty
of Santa Monica other than as authorized here1n, and no
rebate, refund or other allowance shall be made except as
prov1ded herein.
B. The forego1ng rates and charges shall comprehend the total
of company's serv1ce author1zed by franch1se granted by the
C1ty of Santa Mon1ca.
C. G1fts and s1m11ar promot1onal mater1al presented by the company
to prospective or eX1st1ng CATV subscribers dur1ng a CATV
sales promot1on shall be subJect to the same terms and cond1t1ons
of I.B.I.b. and c. above, as they apply to reduced charges during
sales promotions.
XI. Notice to Avplicants for SerV1ce
A. The company shall 1nclude in its Subscr1ption and Installat10n
Agreement or other serV1ce app11cat10n form a not1ce to app11cants
for serv1ce that the company's rates and charges for serv1ce w1thin
the City of Santa Monica are 1n conform1ty w1th th1S resolut1on, and
that a copy of sa1d resolution 1S ava1lable for 1nspection at the
company's local bUS1ness off1ce and at the C1ty Clerk's off1ce,
C1ty of Santa Mon1ca, 1685 Main Street, Santa Monica, Ca11forn1a,
90401.
SECTION 3. Theta Cable of Ca11forn1a shall not charge for any serV1ce not
1ncluded 1n Sect10n 2 of th1S resolution nor shall Theta Cable of Ca11forn1a charge
h1gher rates than prov1ded in Sect10n 2 of th1S resolution.
SECTION 4. The Clerk shall publ1sh th1S resolut1on once w1th1n fifteen days
of the adopt10n thereof in the off1c1al newspaper.
SECTION 5. The City Clerk shall cert1fy to the adopt1on of th1S resolut10n,
and the rates and charges estab11shed by th1S resolut1on shall become effect1ve on
January 1, 1977.
ADOPTED AND APPROVED th1S
14th
day of
December
1976.
/1i&~ T~
Mayor
ATTEST:
( C~-f rQ V:t5
- C1ty Clerk "-7/ / v~-
I hereby cert1~at the forego1ng resolut1on was duly adopted by the C1ty
Counc1l of the City of Santa Mon1ca at a
regular
meet1ng thereof, held on
14th day of
December
, 1976 by the follow1ng vote of the Counc1l:
the
AYES:
Counc1lmen:
Cohen, Judson, McCloskey, Reed,
Swink, van den Steenhoven, Trives
None
NOES:
Counc1lmen:
ABSENT:
Counc11men:
None
.;;: r-/ m -.
I;;~ ~ ;n.,.~.f...??
i~ ~ City' ClV- . ~
APPROVED AS TO FORM:
City Attorney