Loading...
R-4568 Cl1. JC::.k ItIPt5-74 . RESOLUTION NO. 4568 (CCS) (CITY COUNCIL SERIES) A RESOL UT!ON OF THE CITY COUNCIL OF THE CITY 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 WH ERE AI\'Y PERSON HAVING ANY INTEREST THEREIN OR ANY OPPOSITION TO THE GRANTING THEREOF MAY APPEAR BEFORE THE CITY COUNCIL AND MAY BE HEARD THEREON WHEREAS, Theta Cable of California. has requested authority to increase the rates for CATV service within the City of Santa Monica; and WHEREAS, Ordinance No. 734 (CCS) provides that no increase in rates and charges to subscribers may be made without the prior approval of the Council; NOW. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. That a pubhc hearing is hereby set for the lOth day of December, 1974, at the hour of 7:30 p. m. in the Council Chambers, Clty Hall, 1685 Main Street, Santa MonIca, CalifornIa, for granting authority to Theta Cable of California to increa.se the rates for commumty access tele- vision (CATV) serVIce W1t1un the City of Sa.nta MOnica. Theta Cable of Cali- fornia's (Theta) application for increased rates is on fIle 10 the office of the CIty Clerk and may be examined at any hme during business hours. Said application IS made pursuant to Ordinance 734 adopted by the City Council of the CIty of Santa Monica on March 14, 1967. SECTION 2. It is proposed that the porhon of Section 3. E. of Resolu- tion 3644 (CCS) adopted August 8, 1967, pertaining to rates and charges for CATV services in Santa Monica be amended and Resolution No. 4211 (CCS) dated November 9, 1971 be repla.ced by the following schedule of rates and charges. -1- CM JC:\k 11.5-74 . I. Installation Charge A. Residence 1. First Outlet a. Overhead Service 1. The charge shall be $10.00. li. In the event that the dlstance measured along the cable from the center line of the street, alley, or easement occupled by the feeder cable to the point of attachment of the cable with the subscriber's residence exceeds 150 feet, the company may make an additicnal charge not to exceed the actual direct cost to the company attributable to such distance in exceSs of 150 feet. b. Underground SerVlce from Underground Feeder Cable 1. In the event that the subscriber lndependently provides for his own trenc111.ng (including back-filling, repaVlng and/or replanting), the charge shall be as stated above for Overhead Service (a. i. and ii). ii. In the event that the subscriber contracts with the company to pro- vide the trenclung and related work, the charge for the trenching, etc., shall be the variable cost incurred by the company and the charge for the duct, cable and installation shall be as stated above for Overhead Service (a.l. and ii). !ii. In either event, the company shall bear the cost of providing the trenclung and all other facilities from the feeder cable to the subscriber's property line. lV. The company shall inform the subscriber of the above options and the company's estimated costs therewlth. c. Underground Service from Overhead Feeder Cable i. The charge shall be as stated above for Overhead Service (a. i. and ii) and in addition thereto, the difference between the company's incurred variable cost of providing the underground facilities and the estimated cost of constructing equivalent aerial facilitJ.es. -2- JC:lk 1~5-74 . z. Each Additional Outlet a. There shall be no charge for additional outlets if the subscr1ber's order for the same is made not later than the time the first outlet is installed or reconnected or any other outlet 1S relocated. b. When the subscriber's order is made subsequent to the time speci- fied in 2. a. above, the charge shall be $10.00 for the additional outlet and no charge for each further additional outlet, if any ordered installed concurrently. c. The condition stated in 1. a. h above shall be applicable. d. When an additional outlet is 1nstalled in a separate structure on subscriber's premises and the distance measured along the cable, between points of attachment of the cable to the separate structures exceeds 50 feet, the company may make an additional charge not to exceed the actual direct cost to the company attributable to such distance 1n exces s of 50 feet. 3. Reduced Charges During Certain Periods a. At the option of the company, any of the foregoing charges may be reduced by any amount, but only under the following conditions: 1. The subscriber makes a bona fide application for serVlce not later than 30 days after the company's local feeder cable is initially placed in service and such cable is reasonably accessible to the subscriber's premises; or ii. The company files with the City Clerk a notice specifymg the conditions under which the foregoing charges will be reduced. The notice shall include the reasons for reducing the foregoing charges, the specific time period durmg wluch the foregoing charges will be reduced in each area of the City and the amount of the reduced charges. The notice shall be filed with the City Clerk not less than 10 days prior to the starting date of the reduced charges and the conditions under which the foregoing charges will be reduced shall be subject to such modif1cation or restrictions as the City Council may impose. -3- CI-4-JC:lk 1~5-74 . lii. Reduced charges, if offered, shall be on a nondiscriminatory, nonpreferential basis. 4. Reduced Charges Under Certain COndltiOnS a. In those instances where the company serves a subscriber through a service drop and/or outlets lnstalled as part of a prior commercial CA TV system, or previously installed facihties, no installation charge shall be made for such services in place, except that a charge not exceeding the actual variable cost to the company may be made for such replacements or repairs as may be necessary. In no event shall these charges exceed those prescribed under 1. 5. Additional Charge for Non-Standard Installations a. In the event that a subscriber requests a nonstandard installation, such as concealed wiring, etc., that is not economically feasible for the company to provide at the foregoing rates and charges, the company upon agreement with the subscriber may make an additional charge not to exceed the actual vanable cost to the company attributable to such nonstandard installation. If the company and subscriber fail to reach an agreement on the additional charge, the City Manager upon request from the subscriber or the company shall determine the amount, terms and conditions of the additional installation charge which would be fair and reasonable under the particular circumstances. b. The company shall file with the City Manager a current list of the types of nonstandard installations for which an additional charge stated in a. above shall be applicable. B. Multiple Apartments and Hotels, Motels and Non-Residences 1. All installation charges for the above-captioned classes of sub- scribers (where Multiple Apartments are under one ownership with one cus- tomer billing) shall not exceed the actual variable cost to the company of making such installations. -4- CM.JC:lk 115-74 . 2. The company shall keep such records as may he necessary to identify the costs and charges associated with each of the foregOl.ng subscribers. C. Schools and Clty-Owned Facilihes 1. No charge. II. Monthly Rate A. Residence 1. First Outlet The rate shall be $6.95 per month. 2. Each Additional Outlet The rate shall be $1. 50 per month. B. Multiple Units, Hotels, Motels and Non-Residences 1. Apartment Units a. Number of Apartment Units Rate per Month per Apartment Unit for One Outlet 1-4 5-19 20-49 50 or More $6.50 $5.50 $4.50 $3.50 b. The rate for each additional outlet within an Apartment Unit shall be $1. 50 per month. 2. Hotels, Motels and Non-Residences a. The rate for each unit of transient type facilities shall be $3.50 per month for up to 100 units. For facilities with more than 100 units, the rate shall be $2.50 per month. 3. The above rates shall apply only where aU outlets are on the same premises, under one ownershlp and with billing to one customer. 4. The application of the above rates in lieu of the rates specified in U. A. shall be at the option of the company. C. Prorating for Less than One Month's Service 1. The monthly rate shall be prorated on the basis of the number of days in the period for which service was rendered to 30 days. -5- CM~'JC:1-k 11'-74 . D. Billing and Payment 1. The bill for the monthly rate may be rendered in advance. Such bill is due and payable not more than five days m advance of the period during which seq;i.ce is to be furnished. Z. The billing period shall not exceed two calendar months. E. Convertor: Minim1Ull Capacity 21 Channels 1. The rate shall be $1. 50 per month per unit. Z. The company shall not reduce the number of available channels, previously provided by its system, to any subscriber not desirIng to use the convertor. F. WaIver of Service Charge to Schools 1. The Company hereby waIves the foregoing monthly charges for the first CATV service drop it provides pubhc schools under the jurisdiction of the Santa Monica Unified School DIstrict and the Santa Monica Community College District and private non-profit schools provided that such locations are passed by the transmission cable maintained for the service of paying subscribers. G. WaIver of Service Charge to CIty-Owned FacIlities 1. The company hereby waIves the foregoIng monthly charges for the first CATV service drop it provides CIty-owned-facilIties as agreed on between Theta and the C~ty Manager provided that such locations are pas sed by the transmission cable maintained for the service of paying subscribers. H. Television Dealers 1. Theta will make no charge to bon<L fide televtsion dealers selling new sets other than the $6.95 monthly charge for the first outlet, even though multJ.ple outlets nJ.ay be in use. Such limitatIon upon the charge to the dealer is conditioned upon Theta's distribution lines passing such dealers places of businesil. III. Relocation Charge A. The charge shall be $10.00 per relocated outlet. -6- C~ -JC:!k' 11.5-74 . IV. Reconnect Charge A. The charge shall be $10.00 per subscriber. B. The charge shall apply where the company had previously served the premises, and facilities are substantIa.lly in place, but service was cancelled, suspended or terminated for any good cause. C. The charge may be applied where the service is not interrupted but a subscriber name change occurs. D. The charge shall not be m.ade -m addition to the installation charge set forth in I. A. 1. or 1. B. above. E. The company shall not remove, rearrange or otherwise disturb any of its eXlstmg facilities for the purpose of making a greater charge than would otherwise be applicable. F. During periods of reduced installation charges specified ln SectlOn 1. A. 3. the above reconnection charge shall be reduced in the same proportlOn that the installation charge specified in Section I. A. 1. is reduced. V. FM Radio Outlets A. Where the company provldes FM radio signals to the subscriber's FM radio receiver, the rates and charges for each connechon or outlet pro- viding such service shall be identical with those set forth above for TV outlets. VI. Line Extension Charges A. In the event that a potenhal subscriber's premises are located at such a distance from the feeder cable that it is not economically feasible for the company to provide service at the foregolng rates and charges, the City Manager shall determine, upon request from the potential subscriber or the company, the amount, terms, conditions, a.nd refund provisions of the hne extension charge which, in addition to the foregoing rates and charges, would be fair and reasonable under the particular condltions and Circumstances. VII. Reporting Requirements A. The company shall file with the City Controller an annual proflt and loss statement in addition to the financial and stahstical data required under Ordinance 734 (CCS). -7- Cl\i!. JC:lk 1~5-74 . Vill. Applicability A. The company shall not collect any rate or charge in the Clty of Santa Monica other than as authorized herein, and no rebate, refund or other allowance shall be made except as proVlded herein. B. The foregoing rates and charges shall comprehend the total of company's service authorized by franchise granted by the City of Santa Monica. C. Gifts and similar promotional material presented by the company to prospective or existing CATV subscribers during a CATV sales promotion shall be subject to the same terms and conditions of Section I. A. 3. a. ii. and iii. as they apply to reduced charges during sales promotions. IX. Notice to Applicants for Service A. The company shall include in its Subscription and Installation Agreement or other service application form a notice to applicants for service that the company's rates and charges for service within the City of Santa Monica are Ul conformity with this resolution, and that a copy of sald resolu- tion is available for inspection at the company's local business office and at the City Clerk's offlce, City of Santa Monica, 1685 Mam Street, Santa Monica, California 90401. SECTION 3. The Clerk shall pubhsh this resolution once within flfteen days of the adoptlOn thereof in the officlal newspaper. SECTION 4. The City Clerk shall certify to the adoption of tins resolution, and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED tins 26th day of November ,1974. AT7~'6t~ : (- ctI Clerk ~~~.2/~'~ Mayor Pro tempore -8- CM ~C:lk 115-74 . I hereby certify that the foregoing resolution was duly adopted by the City Council of the Clty of Santa Monica at a regular meeting thereof, held on the 26th day of November , 1974, by the followmg vote of the Councll: AYES: CounC:llmen: Judson, Laws on, McCloskey, Swink, van den Steenhoven, Trives NOES: Councihnen: None ABSENT: Councihnen: Hoover A~VED AS TO FORM: -/t:!~~~~~ ,~ City Attorney - ~ !c~ -9- C~--~:rs 12-3-74 - b. Underground SerV1ce from Underground Feeder Cable i. In the event that the subscriber mdependently provides for his own trenching (including back-filling, repaving and/or replanhng), the charge shall be as stated above for Overhead Service (a. i. and li). ii. In the event that the subscriber contracts with the company to provide the trenching and related work, the charge for the trenching, etc., shall be the variable cost incurred by the company and the charge for the duct, cable and installahon shall be as stated above for Overhead Service (a. i. and ii). iiL In either event, the company shall bear the cost of providing the trenching and all other facilities from the feeder cable to the subscriber's prope rty line. lV. The company shalllnform the subscriber of the above options and the company's estimated costs therewith. c. Underground Service from Overhead Feeder Cable i. The charge shall be as stated above for Overhead SerV1.ce (a.l. and ii) and in addItion thereto, the difference between the company's incurred variable cost of providing the underground facilities and the estimated cost of constructing equivalent aerial facilities. 2. Each Additional Outlet a. There shall be no charge for additional outlets if the subscriber's order for the same is made not later than the time the first outlet is installed or reconnected or any other outlet 15 relocated. b. When the subscriber I s order is made subsequent to the time specified in Z. a. above, the charge shall be $10.00 for the additional outlet and no charge for each further additional outlet, if any ordered installed concur rently. c. The conditlOn stated in 1. a. ii above shall be applicable. d. When an additional outlet is mstalled ina separate structure on subscrlber's premlses and the distance measured along the cable, between -2- CM--a:rs 12-3-74 e .' points of attachment of the cable to the separate structure exceeds 50 feet, the company may ma.ke an addl.TIonal charge not to exceed the actual direct cost to the company attributable to such distance in excess of 50 feet. 3. Reduced Charges During Certain Periods a. At the option of the company, any of the foregoing charges may be reduced by any amount, but only under the following conditions: 1. The subscriber makes a bona fide appl1cation for service not later than 30 days after the company's local feeder cable is imtially placed in service and such cable is reasonably accessible to the subscriber's premises; or d. The company files with the City Clerk a notice specifying the conditions under which the foregoing charges will be reduced. The notice shall mc1ude the reasons for reducing the foregoing charges, the specific time period during which the foregoing charges will be reduced in each area of the City and the amount of the reduced charges. The nohce shall be filed with the City Clerk not less than 10 days prior to the starting date of the reduced charges and the conditions under which the foregoing charges will be reduced shall be subject to such modification or restrictions as the City Council may impose. 1h. Reduced charges, if offered, shall be on a nondiscriminatory, nonpreferentJ.al basis. 4. Reduced Charges UndE;r Ce~ta,in Conditions a. In those instances where the company serveS a subscriber through a service drop and/or outlets installed as part of a prior commercial CATV system, or previously installed facilities, no installa.tion charge shall be made for such services in place, except that a charge not exceeding the actual variable cost to the company may be made for such replacements or repairs as may be necessary. In no event shall these charges exceed those prescribed under l. 5. Additional Cha,rge for Non-Standard Installations -3- e. e CM--JEC:rs 12-3-74 a. In the event that a subscriber requests a nonstandard installation, such as concealed wiring, etc., that is not economically feasible for the company to provIde at the foregoing rates and charges, the company upon agreement with the subscriber may make an additional charge not to exceed the actual vanable cost to the company attrJ.butable to such nonstandard installation. If the company and the subscriber fail to reach an agreement on the additJ.onal charge, the City Manager upon request from the subscriber or the company shall determIne the amount, terms and conditions of the addItional Installation charge whIch would be fair and reasonable under the particular circumstances. b. The company shall file with the City Manager a current list of the types of nonstandard installations for which an additional charge stated In a. above shall be applicable. B. Multiple Apartments and Hotels, Motels and Non-Residences 1. All installation charges for the above-captioned classes of sub- scrIbers (where Multiple Apartments are under one ownershIp WIth one cus- tomer billing) shall not exceed the actual variable cost to the company of making such J.nstallations. 2. The company shall keep such records as may be necessary to Identify the costs and charges associated with each of the foregoing subscribers. C. Schools and City-Owned Facilities 1. No charge. II. Monthly Rate A~ Residence 1. FIr st Outlet The rate shall be $6.95 per month. 2. Each addItional Outlet The rate shall be $1. 50 per month B. M':lltiple Units, Hotels, Motels and Non-Residences 1. Apartment Units -4- CM-ec:rs 12-3-74 tit a. Number of Apartment Units Rate per month per apartment unit for one Outlet 1-4 5-19 20-49 SD or More $6. 50 $5.50 $4.50 $3.50 b. The rate for each additonal outlet within an Apartment Unit shall be $1. 50 per month. Z. Hotels, Motels and Non-Residences a. The rate for each unit of tran61ent type facilities shall be $3. 50 per month for up to 100 units. For facIlities with more than 100 units, the rate shall be $2. 50 per month. 3. The above rates shall apply only where all outlets are on the same premIses, under one ownership and with billing to one customer. 4. The apphcation of the above rates In lieu of the rates specified In II. A. shall be at the option of the company. C. Prorating for Less than One Month's Service 1. The monthly rate shall be prorated on the baSIS of the number of days in the period for which service was rendered to 30 days. D. Billing and Payment 1. The bill for the monthly rate may be rendered in advance. Such bill is due and payable not more than five days in advance of the period during WhICh service is to be furmshed. 2. The billing period shall not exceed two calendar months. E. Convertor: Minimum Capacity 21 Channels 1. The rate shall be $1. 50 per month per unit. 2. The company shall not reduce the number of avaIlable channels, previously prOVIded by Its system, to any subscriber not desuing to use the convertor. F. Waiver of Service Charge to Schools 1. The Company hereby waives the foregoing monthly charges for CATV service it provides public schools under the jUrIsdiction of the Santa Monica Umfied School District and the Santa Monica Community College DIstrict and private non-prolit schools provided that such locations are passed by the transmission cable maintained for the service of paYIng -5- CM-.C:rs 12-3-74 e a. Number of Apartment Units Rate per month per unit for one Ow 1-4 5-19 20-49 50 or More $6.50 $5.50 $4.50 $3. 50 b. The rate for each addltonal outlet within an Apartment U!'l shall be $1. 50 per month. 2. Hotels, Motels and Non-Residences a. The rate for each unit of transient type facilities shall be ; per month for up to 100 units. For facilities with IIlOre than 100 units, rate shall be $2. 50 per month. 3. The above rates shall apply only where all outlets are on the premises, under one ownership and Wlth bilhng to one customer. 4. The application of the above rates in lieu of the rates specifi~ in II. A. shall be at the option of the company. C. Proratin~ for Less than One Month's Service 1. The monthly rate shall be prorated on the basis of the number days in the period for which service was rendered to 30 days. D. Bilhn~ aD:d Paym~l?-t 1. The bill for the monthly rate may be rendered in advance. Sud bill is due and payable not more than five days in advance of the period duri which service is to be furnished. 2. The billing period shall not exceed two calendar months. E. Co~yertor: Minimum CaJ;>acity 21 Channels 1. The rate shall be $1. 50 per month per unit. 2. The company shall not reduce the number of available channels previously provided by its system, to any subscriber not desiring to use thi convertor. F. Waiver of Service Cha~.~e t? Schools 1. The Company hereby waives the foregoing monthly charges for CATV service it provides public schools under the ]urisdichon of the Santa Momca Unified School Dlstrict and the Santa Momca Community College District and private non-profit schools proVlded that such locatlons are passed by the transmlSSlon cable rnalntalned for the serVlce of paying -5- CM.C:rs 12-3-74 - subscribers. G. Wa~ver of Service Charge to C~ty.....Owned Facihti~s 1. The company hereby waives the foregOlng monthly, CATV service it provides City-owned facilities as agreed on be; and the City Manager provided that such locatwns are passed by missIon cable maintained for the service of paying subscribers. H. Television Dealers 1. Theta will make no charge to bona fide televisIon deal,- new sets other than the $6. 95 monthly charge for the first outlet, e multiple outlets may be in use. Such limitation upon the charge to t is conditioned upon Theta's distribution lines paSSIng such dealers p of business. Ill. R.elocat~on Ch.arge A. The charge shall be $10.00 per relocated outlet. IV. Reconnect Char~e A The charge shall be $10.00 per subscriber. B The charge shall apply where the company had previously se the premises, and facilities a.re substantially in place, but service was ( celled, suspended or terminated for any good cause. C. The charge may be applied where the service is not interruf but a subscriber name change occurs. D. The charge shall not be made in addition to the installation ( set forth in I. A. 1. or I. B. above. E. The company shall not remove, rearrange or otherwise dlSl any of its existing facilities for the purpose of making a greater charge t would otherwise be applicable. F. During periods of reduced Installation charges specified in I. A. 3. the above reconnection charge shall be reduced in the saxne propc that the installation charge specified in Section I. A. 1. is reduced. V. FM Radio Outlets A. Where the company provides FM radio signals to the SUbSCl FM radio receiver, the rates and charges for each connection or outlet 1= viding such service shall be idenhcal with those aet forth above for TV 0 -6- CM- -.:rs 12-3-74 - VI. Lwe Extension Charges A. In the event that a potentlal subscrtber' s premises are located at such a distance from the feeder cable that It IS not economically feasible for the company to provide service at the foregoIng rates and charges, the City Manager shall determine, upon request from the potential subscriber or the company, the amount, terms, conditions, and refund provisions of the line extension charge whIch, in addition to the foregolng rates and charges, would be fair and reasonable under the particular conditions and circWllstances. VII. Reporting Requirements A. The company shall file with the CIty Controller an annual profit and loss statement In addition to the financial and stat1Sucal data reqmred under Ordinance 734 (CCS). VIII. Applicability A. The company shall not collect any rate or charge in the City of Santa Monica other than as authorized herein, 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 service authorized by franchise granted by the City of Santa MonIca. C. Gifts and similar promotional material presented by the company to prospective or existing CATV subscribers during a CATV sales promotion shall be subject to the same terms and conditions of Sectton I. A. 3. a. i1. and lii. as they apply to reduced charges during sales promotions. IX. Notice to Applicants for Service A. The company shall include In ItS Subscnption and Installation Agreement or other service applicatton form a nottce to apphcants for service that the company's rates and charges for service within the Clty of Santa Monica are in conformity Wlth this resolution, and that a copy of sald resolu- tion is available for lnspecb.on at the company's local business office and at the City Clerk's office, City of Santa Monica, 1685 Main Street, Santa Monica, Caltfornia 90401. -7- ~,- -8- Aau.1o:j.:j.V An:> :WlIO..if 0.1 SV U3:AOlIddV ~~/ auoN :UiOlUlI1;;:JunO:> :.1N3:sav auoN :uau:qpuno:J ~aAooH 'uaAo~uaa~s uap U~A 'saAT~~ <~uT~S <Aa~soTJoW <uos~e, 'uospnr :U8uq!3unO:) :S3:0N :S:IXV :U;:Juno:> .H{l JO 8:j.OA SU!A'l.onoJ aql Aq 'vL61 ' .:laqUlaoaa JO kepl.POl aql uo PIaq 'Joa.13't{f :i!ul:j.;l>3Ul .It?ln'aa~ 'e:j.'e -e:>lUOW 'elUllS JO All:J at{+ JO TI:>utlO:J -'4l:J at{l Aq paldop'e Aynp S'ellb. uo"!+nlOS<'l,I ilu!oila.1oJ alp l"el.{l .hJ"R-.1<'l;) Aq;l>.I8'l1 XOA'eW :.LS3:.LL V ~~rl;J 'tL6T' .:laqw<'JO<'Ja JO A-ep 'POl S!ql Q3:AOlIddV aNV G3:.LdOaV 'uollnl0s3.I Sptl JO uOTJ.dop-e 81fl 0+ 1\]1+.18::> l1"e1ls ~.181::> J\:n::> 81fL 'E NOI.L:J3:S 'UOHdop-e S+~ UIO.tJ SA'ep (Of) ,,\.:JoIN=1- .r311'e <'lAlpan3 3WO;)3q n-et{s uonnlosa.t s~t{+ J\q P3QsHq'!1:j.S3 sa:i!.ttHp PU"e sal-e.t al.{L '.Iad-eds.M.au 1-e1:>~:JJo al.{:j. Ut Joa'<:8t{:j. uo,!+dop-e al.{:j."J-o sA'ep uaa:j.Jt"J- U1qltllb. a:)t[o uOl:j.nlosa.t slql qstlqnd U"el.{s l{'<:8I:J Al1:J 8l.{.L 'z NOI.L:)3:S - vL-t-21 s.te.r--W::>