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R-4818 CM:FJS:c]g ~6/76 .. . RESOLUTION NO. ~818 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CI'1'Y OF SANTA MONICA DECLARING ITS INTENTION TO GRANT TO THETA CABLE OF CALIFORNIA AUTHORITY TO INCREASE THE RATES FOR CATV SERVICE WITHIN THE CITY OF SANTA MONICA AND TO FIX A DATE FOR A PUBLIC HEARING WHEN AND WRERE ANY PERSON HAVING ANY INTEREST THEREIN OR ANY OPPOSITION TO THE GRANTING THEREOF MAY APPEAR BEFORE THE CITY COUNCIL AND MAY BE HEARD THEREON WREREAS, Theta Cable of Ca11fornia has requested author1ty to 1ncrease the rates for CATV service w1tlnn the C1ty of Santa Mon1ca; and WHEREAS, Ordinance No. 734 (eCS) provides that no 1ncrease in rates and charges to subscr1bers may be made W1thout the prior approval of the Counc11; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That a publ1,c hearing 1S hereby set for the 14th day of December, 1976, at the hour of 7:30 p.m. 1n the Counc11 Chambers, City Hall, 1685 Ma1n Street, Santa Monica, Ca11forn1a, for grant1ng authority to Theta Cable of Ca11fornia to 1ncrease the rates for community access tele- v1s1on (CATV) service w1th1n the City of Santa Mon1ca. Theta Cable of Ca11- forn1a's (Theta) applicat10n for increased rates lS on file 1n the off1ce of the City Clerk and may be exanuned at any t:une during bUS1ness hours. Sa1d applicat10n 1S made pursuant to Ord1nance 734 adopted by the C1ty Council of the City of Santa Monl.ca on March 14, 1967. SECTION 2. It lS proposed that the port1on of Section 3.E. of Resolut1on 3644 (CCS) adopted August 8, 1967, pertaining to rates and charges for CATV serV1ces 1n Santa Monica be amended and Resolution No. 4569 (CCS) dated December 10, 1974, be replaced by the follow1ng schedule of rates and charges. I. Installat~on Charge A. Res1dence (each dwelling un1t) 1. F1rst Outlet a. Standard Installat10n i. A standard 1nstallat1on shall include installation of drop cable with f1tt1ngs up to 150 feet from the CATV d1striliution system (measured along the cable from the center line of the street or ut1l1ty easement) through the house wall or at the customer's opt1on through the floor from a house vent or crawl space dl.rectly to the customer's teleV1sion set with five feet of cable from the wall or floor entry to the TV set. Also 1ncluded lS the grounding cable, fine tun1ng of the televis10n set and the prov1sions of appropr1ate literature. - . b. Overhead Serv~ce ~, The charge shall be $15.00 for a standard LOstallation. c. Underground Serv1ce from Underground Feeder Cablr i. In the event that the subscriber independently provides for h1S own trench~ng (includ1ng any necessary bor1ng, backfilllng, repav~ng and/or replantlng}, the charge shall be as stated above for Overhead Service. ii. In the event that the subscrJ.ber contracts with the conpany to prov~de the trench1ng and related work on the subscrIber's property, the charge for the trenchlng, etc., shall be the cost incurred by the company arid the charge for the duct, cable and installat10n shall be as stated above for Overhead Servlce. i~l. In elther event, the company shall bear the full cost of prov~ding the trenching and all other fac1l1t1es from the feeder cable to the subscrIber's property l~ne. ~v. The company shall 1nfonn the subscrIber of the above opt1ons and prov1de the subscriber Wlth a written estimate of the costs therewith. (a). In the event that a written estimate is not glven to the subscriber, the total cost of underground 1nstallation shall be as stated above for Overhead Serv1ce, d. Underground Service from Overhead Feeder Cablf' 1. The charge shall be as stated above for Overhead Service and in add1tion thereto, the difference between the company's incurred cost of providing the underground facilitles from the feeder cable to the subscrIber's property line and the est1nated cost of construct1ng equ~valent aerial facil~ties. 11. The subscriber shall be given the opt1on of prov1d- 1ng his own trench~ng (lncludLOg any necessary boring, backf~lllng, repav1ng and/or replanting) or of contracting W1th the company to provlde the trenching and related work on the subscrJ,ber's property, The charge for the trench1ng, etc, on the subscnber's property shall be the cost incurred by the company and the charge for the duct, cable and ~nstallation on the subscriber's property shall be 1ncluded in the charges stated in I.A,l.d.~. above. ~i1. All condit~ons stated in I,A,I,c.iv. above shall be appl~cable. 2. Each Addlt10nal Outlet a. The charge shall be $7.50 for each add1tional outlet 1f the subscrlber's order for same 1S made not later than the t1me the f1rst outlet 1S installed or re- connected or any other work by the company ~s performed on the premises for which a charge 1S author1zed. b. w~en the subscrlber's order 1S made subsequent to ~~e t1me spec1f~ed lD I.A.2.a. above, the charge shall be $15.00 for the f~rst additional outlet and $7.50 for each further add~t1ohal outlet, if any, ordered 1nstalled concurrently. -2- ~ e _ c. rfuen an addltional outlet is lnstalled In a separate structure on subscrilier's prem1ses the charge shall be as spec1f1ed in I.A.I.b. above for overhead serv1ce or as specified 1n I.A.I.c. for underground service. B. Beduced Charses Dur1ng Certain Periods 1. At t.'Ie option of the company, any of the foregoing charges may be reduced by any &"llount, but only under the followlllg conditions: a. The subscrilier makes a bona fide application for service not later than 30 days after the company 's local feeder cable lS 1n1t1ally placed in serV1ce and such cable 1S reasonably accessible to the subscrilier's premises; or b. The company flIes w1th the City Clerk notlce speclfying the condlt1ons under which the foreg01ng charges w111 be reduced. The notice shall include the reason for reducing the foregolng charges, the spec1f1c time per10d during which the forego1ng charges w111 be reduced in each area of the C1ty and the amount of the reduced charges. The not1ce shall be filed with the Clty Clerk not less than 10 days pr10r to the starting date of the reduced charges and the cond1t1ons under which the foregOlng charges will be reduced shall be subJect to such modif1cat10n or restr1ction as the City Council may impose. c. Reduced charges, if offered, shall be on a nondiscri- m1natory nonpreferential basis. C. Installat10n of A-B Switch, Channel Selector or Housp Amplifl.er 1. The charge shall be $7.50 for the installation of an A-B Switch, Channel Selector or House Amplifl.er lf the subscriber I s order for same 1S made not later than the time the first outlet is installed or reconnected or any other work by the company 1S performed on the prem1ses for wh1Ch a charge 1S authorized. 2. When the subscriber's order is made subsequent to the time speclfied 1ll I.C.1. above, the charge shall be $15.00 for the fl.rst A-B SWl.tch, Channel Selector or House Ampl1fier installed and $7.50 for each further A-B SW1tch, Channel Selector or House Amplif1er, 1f any, ordered installed concurrently. 3. The charges for house amplifiers stated above 1n I.C.I. and I.C.2. shall apply only to house amplifiers 1nstalled 1..'1 single residences or bUSlness establl.shments. D. Deposit for Channel Selector 1. A $20.00 deposit may be collected for each channel selector provided to a subscrilier after the effective date of this order. a. The company shall pay s~ple 1nterest at the rate of ~ percent per month on depos1ts held for an ent1re month. b. The depos1t plus 1nterest, less any unpa1d charges owed by the subscriber, shall be refunded upon d1sconnect1on and return of the channel selector to the company. -3- ... e - E .Mul tl.ple Apartments I Hotels, Motel s, Condoml.nillll\s, Townhouses and Nonresidences 1. All installation charges (exclud1ng the cost of all amplifiers) for the above captloned classes of subscribers shall not exceed the actual cost to the company of maklng such installations and shall be charged to the owner thereof as herelnafter provided. a. Multiple apartments shall be ul'1.der one ownership and may have e1ther one customer b1111llg or 1ndl.vidual tenant bll1ings. Owner approval shall be required on all installatl.ons. b. CondO~lnl.ums shall 1nclude indiv1dually owned unltS where the unit owner has tltle to the structure w1thin the conf1nes of the walls, ceill.ng and floor of h1S unl.t with either one customer bllling to the owners' associat1on or lndiv1dual b11llngs to the unit owners. 1. The legally recognized condom1nl.IlIl\ owners' association shall be cons1dered as the owner of the bU1lding in applying I.E.l. above and l.ts approval shall be requ1red prl.or to all installatl.ons. c. Townhouses shall include indlvidually owned units where the un1t owner has title to the structure witlun the confl.nes of the walls, the ground below and the a1r space above with either one customer billing to the owners' association or indiv1dual billings to the unit owners. i. The legally recognized townhouse owners' associ- ation shall be considered as the owner of the bUl.lding in applying I.E. 1. above and its approval shall be requ1red prior to all installations. d. In those instances where an individual condominiUI'l or townhouse unit owner appl1es for service and the service can be provided in accordance with Section I.A.I.a. above, the 1nstallation charge shall be as stated in Sect10n I.A.I.b. 1n lieu of the charge stated in I.E.I. above. The installat10n charge shall be charged dlrectly to the Ulll.t owner and the approval of the O'imer's association shall be requlred prior to all installations. 2. The lllstallation charge set forth in Sect10n I.A.I.b. above shall not be made in addltion to the installation charge set forth in I.E.I. above. 3. The company shall keep such records as may be necessary to 1dentlfy the costs and charges associated wlth each of the foregoing subscribers. F. Addlt10nal Charge for Nonstandard Installatl.on 1. In the event that a subscrilier requests a nonstandard installatl.on, such as concealed w1r1ng, wiring to an outlet on an l.nsl.de wall, an outlet location more than ISO feet from the CATV dlstribut10n syst~"ll pre- w1r1ng of a residence under constructlon or any other installatlon not 1ncluded ln a standard 1nstallat1on (I.A.l.a.), the company upon wrltten agreement wlth the subscrilier may make an addlt10nal charge not to exceed the cost to the company attributable to such nonstandard l.nstallatlon. If company and subscrilier fall to reach an agreement on t.~e addlt10nal charge, the C1ty Manager upon request from the subscriber or the company shall deterwine the amount, terms and conditions of the addlt10nal l.nstallat1on charge which would be fa1r and reasonable under the part1cular c1rcumstances. .) -4- . e 2. The company shall f1.le Wlth the City Manager a current 11st of the types of nonstandard installatlons for WhlCh an add1.tional charge stated l.n I.F.l. above shall be appl~cable. G. Schools and City-Owned Fac1.11ties 1. one standard ~nstallation of cable in the above-capt~oned classes of subscr1bers (where schools are under the J'1r1.sdlctl.O!l of the Board of Educatlon of the Santa Honlca School Dlstrlct) shall be made W1L~out charge. The installatlon charge for any addl.tional lnstallatlon work performed shall not exceed the cost to the company of I'laklng such l.!lstallatlons. 2. The company shall keep such records as may be necessary to ldentify the cost and charges assoclated with each of the foregol.ng subscribers. II. Monthly Rates A. Resldence (each dwelllng unl.t) and Busl.ness and Commercial Establishments 1. Flrst Outlet - The rate shall be $7.50 per month. 2. Each Addit1.onal Outlet - The rate shall be $1.50 per month. 3. In-House Ampllfler - The rate shall be $4.00 per month and shall be applled only when requl.red to provlde adequate signal to flve or more outlets. B. Multiple Apartment Un1.ts, Hotels, Motels, Condomlnlums, Townhouses and Nonres~dents I. Apartment Un1.ts, CondOmlnl.ums and Townhouses a. Number of Apartmentj Condom1.n~umjTownhouse Unl.t Rate Per Month Per Apartmentj CondominlumjTownhouse Unlt One Outlet I - 4 5 - 19 20 - 49 50 or more $ 7.00 6.00 5.00 4.00 b. The rate for each add1.tl.onal outlet with1.n an indivldual unit shall be $1.50 per month. 2. Hotels, Motels and Nonresidences a. The rate for each unit of tranSlent type faclllties shall be $4.00 per month for up to 100 units. For facllities Wlth more than 100 units, the rate shall be $2.85 per month. 3. The above service rates shall apply where all outlets are on the same premlses under one ownership as specified ln I.E. above and with bl11ing to one customer. 4. The appllcat1.0n of the rates indicated in II-B. 1n lieu of ~~e rates speclfl.ed 1.n II.A. shall be at the option of the company. 5. Separate accounts may be established with residents of un1.ts speclfied ln II.B.I. and II.B.2. above for the purpose of maklng charges for those add1.tional servl.ces not included ln single billl.ng agreements. -5- e . C. Channel Selector 1. The rate shall be $1.50 per monD~ for each ~~it_ D. ~aiver of Servlce C~arge to Schools 1. 'lhe Company hereby wa1ves the foregoing monthly charges for CATV service lt provl.des public schools under the Jurl.sdlction of the Santa Monica Unif~ed School Dl.strlct and the Santa MonLca Communl.ty College Dlstrict and prlvate non-profit schools provided that such locations are passed by the transm~ssion cable maintained for the serv1ce of paying subscr1bers. E. Wal.ver of SerVlce Charge to C1ty-Owned Facl1itl.es I. Tne company hereby waives the forego1ng monthly charges for the fl.rst CATV serVlce drop l.t provides City-owned facill.tles as agreed on between Theta and the City Manager provLded that such locatlons are passed by the transrnl.SSLOn cable maintained for the service of paying subscriliers. F. Telev~Sl.on Dealers 1. Theta wl.ll make no charge to bona fide telev~sion dealers sell~ng new sets other than the $7.50 monthly charge for the f1rst outlet, even though multlple outlets may be l.n use. Such llinitatlons upon the charge to the dealer is conditl.oned upon Theta's distriliutl.on lines passino such dealers places of bus1ness. G. Prorat1ng for Less than One Month' s Service L The monthly rate shall be prorated on the basis of the number of days in the per10d for which serVlce was rendered to a standard 31-day billing period. H. Billing and Payment 1. The b111 for ~~e monthly rate may be rendered in advance. Such b1l1 is due and payable not more than five days l.n advance of the period during which ser- vice is to be furnished. III. Relocatlc;>n Char']e A. The charge shall be $15.00 for each relocated outlet or relocated channel selector. B. The condition stated in I.A.l.a. above shall be applicable. IV. Charge for A-B SW1tch A. A one-t1me charge G~ ~7.50 shall be appll.ed for each A-B SWltch installed by the company. The charge shall be in addltl.on to the lnstallatlon charge stated ln I.C. above. Theta shall guarantee each A-B Switch for a period of one year from the tlwe of lnstallatlon and the sWltch shall be the property of the subscr1ber. 1. The company shall not collect any other charges for the A-B SWltch than those stated i~ I.C. and IV.A. above. V. Reconnect Charge A. The charge shall be $10.00 per subscrJ.ber. B. The charge shall apply where the company had previously served the premlSeS, and faCl11.t~es are substantially in place, but serVl.ce was cancelled, suspended or terminated for any good cause or the cable was cut or d1sconnected by the subscr1.her or hlS agent or In the case of multlple apartments. condom1n1~~s, townhouses and pre-wired reSldences when an 1nd1v1dual un1t lS connected to the system non- concurrently wlth the installat10n of the system In the bUlld1ng. ,. -6- . . ". C. The charge may be applled where the service 1S not inter- rupted but a subscriber name cha!1.ge OCcurs. D. The charge Shall not be made 1n add1tion to the installation charge. E. The company shall not remove, rearrange or otherw1se disturb any of lts eXl.stlng faci11ties for the purpose of I'lak1ng a greater charge than would otherwise be applicable. F. During perlods of reduced 1nstallat10n charges speclf1ed ln I.B. above, the above reconnection charge shall be reduced l.n the same proportlon that the installat10n charge spec1fied in I.B. above lS reduced. VI. Subscrilier Liabllity for Loss or Damage to Equipment or Facill.t1es A. 'l'ne subscrilier wl.ll be held responsilile for loss or damage to any equipment or facllitl.es provlded by the company, except where the loss or damage is due to causes beyond the subscrilier's control. The company may make an addltlonal charge not to exceed the cost to the company for replacl.ng or restoring the equlpment or fac11ities to its original form. 1. The company shall flle with the C1ty Clerk and keep current a 11st of the types of charges that may reasonably be expected to be applled under this section. 2. Prior to the time the equlpment or facillt1es are replaced or restored, the company shall provide the subscrilier with a wr1tten item1zed estlffiate of all charges to be made hereunder. VII. PM Radio Outlets A. Where the company prov1des FM radlo s1gnals to the sub- scrilier's FM radlO recelver, the rates and charges for each connection or outlet providlng such service shall be ldentlcal W1th those set forth above for TV outlets. VIII. Line Extenslon Charges A. In the event that a potentlal subscrilier's premises are located at such a distance from the feeder cable that it is not economically feasible for the company to provlde service at the foregol.ng rates and charges, the C1ty Manager shall determine, upon request from the potential subscrJ.ber or the company, the amount, terms, condit10ns and refund provislons of the Ilne extenSlon charge which, in addit10n to the forego1ng rates and charges, would be fair and reasonable under the partlcular cond1tions and clrcumstances. B. The 11ne extension prOV1Slon stated ln VIII.A. above shall not be appl1ed so as to relleve Theta of its basl.c requ1rement under the terms and condltlons of its franchl.se to provlde serVlce Wl.thl.n ltS franch1sed area; nor shall the provislon be applled to place the burden of the cost of lnstallatlon of the baSlc dlstr1hut10n and feeder systeM dlrectly upon the potentlal subscrJ.ber in such areas. IX. Report1ng Requl.rements A. The company shall f1le with the Clty Controller an annual prof1t and loss statement ln addltlon to the flnanclal and stat1stlcal data requl.red under Ordlnance 734 (CCS). -7- ~ " e e X. Ap'pllcahil1ty A. The company shall not collect any rate or charge ln the City of Santa Monlca other than as authorized hereln, 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 serv1ce authorlzed by franchlse granted by the City of Santa Monlca. C. Gifts and similar promotional materl.al presented by the company to prospectlve or exist1ng CATV stibscriliers during a CA'lV sales promot1on shall be subject to the same terms and condltlons of l.B.l.b. and c. above, as they apply to reduced charges dur1llg sales promotl.ons. XI. Notlce to Appllcants for S~rvlCP A. The company shall lnclude l.n ltS Subscriptlon and Installatl.on Agreement or other serVlce app11catl.on form a not1ce to app11cants for service that the company's rates ~~d charges for serVlce within the Clty of Santa /oIonica are in conform1ty with thlS resolutlon, and that a copy of sa1d resolution is available for 1nspection at the company's local bus1ness office and at the City Clerk's offlce, City of Santa !lon1ca, 1685 Main Street, Santa Monlca, California, 90401. SECTION 3. Theta Cable of California shall not charge for any serVlce not 1ncluded 1n Section 2 of th1S resolut1on nor shall Theta Cable of Callfornia charge hlgher rates than provlded 1n Section 2 of this resolution. SECTION 4. The Clerk shall publlSh thlS resolutl.on once wlth1n fifteen days of the adoptlon thereof in the official newspaper. SECTION 5. The City Clerk shall certify to the adoption of thlS resolution, and thenceforth and thereafter the same shall be ln full force and effect. ADOPTED AND APPROVED this 23rd day of Navemher. 1976. 71"d~1 Mayor T~ ATTEST: f .;2'~"-fi~L D. t/1/L.~:6 Clty Clerk / ! {/ ,I I hereby cert1fy that the foregOlng resolution was duly adopted by the C1ty Councl1 of the Clty of Santa Monlca at a regular meetl.ng thereof, held on the 23rd day of November, 1976 by the followlng vote of the Councll: AYES: Councllmen: Cohen, Judson, McCloskey, Reed, Swink, van den Steenhoven, Trives Counc1lmen: None NOES: ABSENT: Councl.lmen: None 1/- / { ( (.v---~_._:["~ - City Clerk {0 /i'i, 1-~ J:C: .j APPROVED AS TO Fom'l: , Clty Attorney -q- , --