R-4818
CM:FJS:c]g ~6/76
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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
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/ { ( (.v---~_._:["~
- City Clerk
{0 /i'i, 1-~ J:C:
.j
APPROVED AS TO Fom'l:
,
Clty Attorney
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