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R-8979 e e CM;KKK;ckl:f:\cmanager\ cable\resoJan9 Clty Council Mtg. Jan 9, 1996 Santa Monlca, California RESOLUTION NO. 8979 (eeS) (Clty Council) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING A RATE ORDER REGARDING "SMARTBOX" CONVERTER AND "UNIVERSAL!I REMOTE CONTROL DEVICE RATES OF CENTURY SOUTHWEST CABLE TELEVISION, INC. WHEREAS, the Clty of Santa Monlca (the "City") became certlfied to regulate baslc cable service rates and associated charges as of October 7, 1993, and has followed regulatlons presc~ibed by the Federal Communlcations Commission (nFCC") for the regulation of the basic service tier and assoclated equipment, lnstallatlon, services and charges (the "FCC Rules!I); and WHEREAS, Century Southwest Cable Televlslon, Inc. (the nCompanyll) submitted an FCC Form 1205 to the City on February 14, 1995 for the "SmartBox" converter and associated remote control deVlce, an FCC Form 1205 on May 19, 1995 for the "Unlversalll remote control device, and supplemental rate lnformatlon to the Clty on August 8, 1995 (collectlvely, the IIRate Fllings"); and WHEREAS, the remote control devlce used to operate the "SmartBoxtJ converter and the "Universal I' remo':::e control deVlce are the same piece of equlpment (referred to collectlvely herein as the "Unlversal" remote control devlce); and WHEREAS the Company requlres basic-only subscribers with 1 e e '1cable-ready" televislons to install IISmartBoxll converters in order to block such subscribers' receipt of "Century Select..; and WHEREAS, the C1ty 1ssued a public not1ce seeking written comments from lnterested partles on the Company's proposed rates, and the Rate Fillngs were made avallable for publlC inspection in order to obtain comment from any 1nterested party; and WHEREAS, the City Staff has made a recommendation to the City Council (IICounc1l") regard1ng the Company's rates based on: {a) lnformation contalned In the Rate Fllings; (b) the assumed accuracy of that 1nformat1oni (c) com~ents, eV1dence and informatlon from interested parties, (d) the draft rate report prepared by the City's flnancial consultant, (e) the Company's comments on the draft rate report; {f) the flnanc1al consultant's flnal rate report and December 15, 1995 letter responding to the Company's comments on the draft rate report ( " collectively, the F1nal Report "); and WHEREAS, the Council has considered the C1ty Staff's recommendatlons and the reasons therefore, has received and considered comments from the public, has reviewed and hereby adopts (and by th1S reference incorporates herein), as approprlate and to the extent not 1nconsistent with thlS Rate Order, the flndings, assumpt10ns and other infor~ation set forth in the flnanclal consultant's Flnal Report; and WHEREAS, the Company subm1tted its annual FCC Form 1205 for equipment and installat10n on November 6, 1995 as requlred by the FCC ("November FCC Form 120511); and WHEREAS, the Clty lS contlnuing to review the November FCC 2 e e Form 1205 whlch shall govern among other thlngs the rates for the 11 Smart Box II converter and IIUnlversall1 remote control device after the perlod covered by the February 14 and May 19 Form 1205 rate filingsi and WHEREAS, the Company has the burden of provlng by a preponderance of eVldence that lts rates for the IISmartBoxH converter and the "Unlversalll remote control device are reasonable under the FCC Rules, 47 C.F.R. ~ 76 937(a); NOW, THEREFORE, IT IS ORDERED THAT: 1. The maximum permltted rates for the l1SmartBox" converter and the I1Unlversalll remote control device until the date Century is permitted by the FCC Rules to adJust its rates pursuant to the November FCC Form 1205 shall be as follows: Maximum Permitted Rates: I1SmartBoxl1 converter "UnlversalH remote control device (including batteries) $2.29 $0.71 The Company shall refund that portlon of the rates (plus interest) paid by subscribers for the equlpment described in this Paragraph to the extent such rates exceed the rates approved ln this Paragraph The Company shall not offset refunds by the amount of any dlscounts provlded to subscrlbers on the equipment rates subJect to thlS Rate Order. The refund period for the "SmartBox1! 1 The rates listed ln the column entitled "Maximum Permltted Ratesl1 exclude franchlse fees. 3 e e converter shall run from the date the Company first charged a subscriber for a "SmartBox" converter untll the date that Century lS permitted by the FCC Rules to adJust its rates pursuant to the November FCC Form 1205 rates. The refund period for the I1Univeral" remote control devlce shall run from the date the Company flrst charged a subscriber for such "Dnl versal" remote control deVlce until the date Century lS permitted by the FCC Rules to adjust ltS rates pursuant to the November FCC Form 1205. With respect to each affected subscriber entltled to a refund, the Company shall implement the rate refunds pursuant to thlS Paragraph wlthin sixty (60) days after the Clty Manager approves the refund plan that the Company shall submlt pursuant to Paragraph No.2. 2. Wlthin seven (7) days after the date of adoptlon by the Council of th~s Rate Order, the Company shall submlt a written plan to the Cl ty Manager WhlCh, at a minlmum, shall set forth the Company's method of providing refunds to subscrlbers (plus interest) pursuant to Paragraph No. Ii identlfles the basis for the calculation of the amount of refunds; identlfies the amount of the refundi identifles the applicable lnterest rate and explalns how lt was calculated, provldes the nu~ber of subscribers entitled to a refund for each month durlng the refund perlod and the actual rate charged such subscribers for the I1SmartBoxl1 converter and for the "Univeralll remote control device during such period, and explains how the rate refunds ordered hereln shall be lmplemented. Such plan is subject to the City Manager's reVlew and approval. The Company's obllgation to SUb'lllt such plan shall not affect the 4 e e Company's obl~gation to ~mplement rate refunds, as set forth in Paragraph No.1. 3. The Council reserves the right to order additional adj ustments to the rates, and any refunds, for the II SmartBoxll converter and the "Universall1 remote control dev~ce upon complet~on of the C~ty's rev~ew of the Company's November FCC Form 1205. 4. W~thin seven (7) days after the date of adoptlon by the Council of this Rate Order, the Company shall provide a wr~tten statement as to whether the Compa~y charged or charges: (1) any bas~c -only subscr~ber for a 11 SmartBoxtl converter or any other converter the Company requ~res any such subscriber to have, and (2) any such basic-only subscr~ber for the "Dniversaltl remote control device or any other remote control dev~ce used to operate any such converter. A copy of any source documents (and a detailed summary of the information contained ~n the source docurrents) should accompany the Company's response. The Counc~l reserves the right to determine whether any charges lmposed by the Company on basic- only subscribers for converter boxes and remote control devices are permisslble under applicable law and to take appropriate act~on if such charges are not perm~ssible under applicable law. 5. The Council reserves the r~ght to mod~fy this Rate Order ~f, at any time, i t determ~nes that informatlon the Company provided to the C~ty is ~ncorrect ~n any mater~al manner. 6 The City Manager is ordered to ma~l a copy of this Rate Order to the Company, provlde appropr~ate public notice of this 5 e e Rate Order, and make a copy of thls Rate Order avallable to any person upon request. 7. The City Clerk shall certlfy to the adoption of thls Resolution, and thenceforth and thereafter the same shall be in full force and effect APPROVED AS TO FORM: h SMO~ EY 6 ~ISER SCHERER Be ScHLEGE~ CERTIFIED Pl.::"BI.IC ~~CCOU}o.-rASTS 1699 L STREET S W ~ SL""ITE 702 W~~HINGTON, D C 20036 TEL (202) 466-4656 FAX (202) 331-8342 .. December 15, 1995 Ms. Lynn C. Barrette Assistant City Manager City of Santa Monica P.O. Box 2200 Santa Monica, California 90407-2200 Re: Century S.W. Cable Television III request for equipment rates for universal remotes and ISmartBox" converters Dear Ms. Barrette: You have asked us to analyze the request for equipment rates for universal remotes and IISmartBox" converters filed with the City of Santa Monica regarding CO:LL.rLLlmity Unit Identification nUJllber CA0456. 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 (IICenturyll), for universal remotes and ISmartBox" converters are reasonable under the regulations adopted by the Federal Communications Commission ( II 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 audi ting 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 represen ta tions made by Century are true and accura te . 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. e e CEbr.L"UKi" S. W. CABLE TELEVISION III UNIVERSAL REMOTES AND SMARTBOX CONVERTERS SUMMARY OF FINDINGS This section presents a summary of the results of our analysis for those i tams 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 Form 1205 Recommended Adiusted Rate Universal remote SmartBox converter $1. 56 $3.20 $ .71 $2.29 EQUIPMENT RATES The FCC rules address the process for filing the first 1205 to establish equipment rates in conjunction with the FCC Form 1200. The FCC recently clarified that the FCC Form 1205 is the appropriate Form to use to determine the rate for new equipment subject to certain modifications. See Thirteenth Order on Reconsideration, MM Docket No. 92-266 at paragraph 91. (released Sept. 20, 1995). We have attached pertinent sections of the Form 1205 which reflect the calculations we made. These calculations are summarized as follows: I. Universal Remote KBB Calculation: Gross book value Accumulated depreciation Return on investment Current depreciation Annual capital costs 300 *($12.00+$1.25) = $3,975 ($3,975/10) = $398 11.25% * ($3,577) = $402 ($3,975/10) = $398 $402 + $398 = $800 Maintenance costs Total cost of remotes Rate per month 75 hours * $23.48 = $1,761 $1,761 + $800 = $2,561 {$2,561/300)/12 = $ .71 2 e e 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 ($1.25), cost of handling ($.25 * 8), return on gross book value of investment ($1.72) and finance cost ($1.70). These costs amounted to $18.67. Century divided this total by 12 months to arrive at the $1.56 monthly lease cost. Century capitalized the $2.00 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 10% 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 be included in the hourly service charge calculation. The cost of batteries could 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 e e 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: , K.SS Calculation: Gross book value Accumulated depreciation Deferred taxes - tax dep less book dep * tax rate Return on investment Current depreciation Annual capital costs Maintenance costs Total cost of converters Rate per month 2,000 * ($128.19) = $256,380 ($256,380/10) = $25,638 ($36,637-$25,638) * .4014 = $4,414 11.25% * ($226,328) = $25,462 ($256,380/10) = $25,638 $25,462 + $25,638 = $51,100 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 investment. 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 costs 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 e e Century did not calculate any estimated deferred taxes, which al though de minimis for remotes are more significant for SmartBox. ;0 Century used an average Hourly Service Charge (IIHSCII) of $16.00. We used the HSC of $23.48 that the City of Santa Monica approved in Resolution No. 8781 which established approved rates for 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, ~~Chle Attachment: As stated 5 Lay S.W. CABLE TELEVISIO~II UNIVERSAL REMOTES AND SMARTBOX CONVERTERS ~ EXHIBIT I PROCEDURES The procedures we performed included, but were not limited to, the following: GENERAL 1. We reviewed the eity 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 infor.mation 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 Fcdcnl ea.m_.eom.......... W~ D C m~!4 e - Appm'l.-cd In 0",-18,\()(.cWI'92 E!.'lip1f"C"s .:!::ID..J"l' SCHEDL'LE C- CAPITAL COS'J'S OF LEASED ClISTO'dDl EOl;IP'dENT , , A !F.moanonl Rrrnn~ I _ok~ _... J Com"elUr I C-.. 2 , Com--.::rlcr J. O~f E..,..n I B lToI&l Mo..,........IS..."'" H..... (AIIKh 1;""'-> I 7! nUllo I 4BlIOOI I I I i ! J 1900IlOOI,1 I , C .Total. c.f'Uurb .. Stn"1CC 300110110; , , , D Gtwo_v_ $3 n5 ,.... 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HSC Jltn< 7] 36l> "......,Haura...a-..,SenlOO T.... 36c Averlle (:barwc far- rh._~~~ !icn-.c:e:TIIeR ILmc Ji'iI!( LlRC 3Gbl Pase ~ :"'O'lIS- -I. '"I \\.m \'"erslOn 2 II e .~ Rc:mntC' J 1S.QI1I WallO Sl,761 UOO'4IU $:l,j614Ill >>t.~ ;;~l ! I I, i I I .~ Coo>_ I 4HtlllO Sll4ll1O tUll ~1.m.41511' 152:111 1I:lO! 1!IOO.IlGllIlI '~11U l lI.11hi s;: -~'.1 $C.=t ~~! . .Jt..",=.~" """ l :lU_'Yf411i1 Rom':.. ~ ~' oAttOO $234100 Sa.!IOIIO Sll- SiI A._ . Sa.. i"UlIlOlIl" b 0-_1 1:I0000Mr~ s:n 4InlI, SlIOOOn-:- , I SilI.lllU' 58-fXlOO1 all(ll~lt 59,_ :ilI.llOllU:'. Appro\"Cd..... OMS :;u611o-1I~92 hplin:lI ..j. '3IW" < ~..... 3 OiM"19Ht tn-'I f4nooo W.f.IIlI'l Sb~-' "~~~I w...--.. :JOjl()ulu' I CQIL'I'eI1et3 : QINJUn! sn 4Bun; $lI'OIOO: , , .::"~~! O:CMlaO: w;=:; _1'1ifVVl1 FCC l'om ~~..,.. \1il"'- I j'J.J- e e KAISER SCHERER Be SCHLEGEL CERTIFIED PCBI.IC ACCO~"AN"TS 1899 L STREET N W, SUITE 702 'WASHnTGTOX, D C 20036 TEL (202) 466-4656 \ FAX (202) 331-8342 December 15, 1995 Ms. Lynn C. Barrette Assistant City Manager City of Santa Monica P.O. Box 2200 Santa Monica, California 90407-2200 Re: Century S. w. Cable Television III response to Draft Financial Report dated November 30, 1995 regarding the Smartbox 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 Order 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 lIinterim ratell. 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. Our calculation for the Smartbox converter is sUllUTlarized below: 1. 2 . 3 . 4. 5. 6. 7 . 8. 9. Gross book value Accumulated depreciation Deferred taxes - tax dep less book dep * tax rate 2,000 * ($128.19) = $256,380 ($256,380/10) = $25,638 Return on investment Current depreciation Annual capital costs ($36,637-$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 cost 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 e e 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. II The FCC rules state that a cable operator must use generally accepted accounting principles ("GAAP") when completing the FCC for.ms.1 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 deferred 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 Fee Forms consi s ten tly calculate a rate based on a snapshot of the data at a point 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 cost. 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 - Report and Order and Further Notice of Proposed Rulemak~ng, February 22, 1994, V. Accountlng Requirements. 47 C.F.R. ~76 923 (c) and ~76.924 (b). FCC Form 1205, May 1994, General Instructlons, p.3. -2- inconsistent to JIlk depreciation expense on4l!he profit and loss side of a companyls 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 expense it immediately. 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 assetsl over the estimated useful life of the uni t in a sys tema tic and rational manner. It is a process of allocationl not of val ua tion . 2 The FCC rules require cable operators to establish equipment rates in accordance with GAAP. 3 In this case, since Century established a ten year useful life for these converters I 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 IIdouble-entry" procedure is in accordance with FCC policy stated at 47 C.F.R. S76.1152 (b) Accumulated Depreciation as follows: This account shall be credited with depreciation amounts concurrently charged to the Depreciation Expense--eable Services Plant in Service Account. [Emphasis added] Century's subscribers by methodology seeking to overstates exclude the the rate charged to concurrently charged ;,: ARB43 , ch9C, nar.5 - See 47 C F.R. ~76.923 (c} and ~76.924 (b). -3- depreciation expe.e from the asset value and !cluding 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. Est~ted 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 (creating 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 $.02. Please call us if your have any questions regarding this matter or if we can be of further service. Very truly yours, J5k!f!:ch -4- e e c equipmem COSIS. 90. M()reo\'~r. under ~"I~[Jng ruJ~$. Il~r.UOrs "Cf Ih~Jr ~Quipm~nf Jnu mSfaJJauon rates on .In Jnnu.lI basIs uSing (h~ rr~t:l..hng tisc.tl ~t:Jr \\'~ Lllnunu~ [U ~h~\~. as \\c: found 10 che nunl Reco/rJu!ercJ([ol/ Order. chac x'"cung racc:~ u!'oHlg C:lI~C:- nuc prl..'Jt:Cled pc:rmHs opef"dtors [0 ret.o\er [helf tull l.:O~t (If c:qulpment. ll'~ For dlll~ t,;.I~S \\ ht:re llpt:r.ltO[l) tac~ an unusuaJ change in operations [hac \\ l..1uld not ~ retll::Cted 111 [he pre\ IllUS ~ ears annual <.I:U3. the First RecOIlSlderatloll Order stated thac operalors Jre pt:rmiued to use a n:presemauve month for the purpose of calculaung equipment rones. pro\ IlJed that franchlsmg authorities agree to this arrangement 1M 91. FinaJly. we clanf} huw an opef'3tor should set us initial rates for new t)'pes of equipmem.1n.4 We have previousl} Slated th3t when an oP'=nuor mtroduces a new t}.pe of equipmenc. the operator may set a race tor thac equipment at ~ ci~ IC is imroduce:d ."" Unut now, however. we h3\"e not provitJcd a mcthodolog~. Ac~onJingly. no earlier than 60 days before [he date the new [y~ of equipment is scheUuld [0 ~ intnxluccd to subscnbers. the oper.nor wllJ be: permiued to tile for:1 ratt adjlbtmcnt lln a Form 1205. The proposc=c.I rate would go into c:tfeet at the end of thiS 6O~ay JkrioU unlcs) [he: fmochising authoru~ rc:jectS th~ proposed rate :1S unreas('lnabl~ or tlb: franchL<ing nuthorit~ tinds that t~ operator has submiued an mcomplccc tiling In setting r.u~s fllf ne:w t~ ~s of equipment. op.:=r.uon. \,,'ould compJe:Je [he relevant pornon ot S..:h((jule: C and [he: reJ(\'ant SI(P uf th~ Worksheet for Cak:ulaling PemlHced Equtpmenr :md lnsmllauun Charges llt .l F\.~rm 1';05 ~Iorc:over. where applicable. the operawr \\.ould use: tigures tram tll<' most recc:m Form I.~OS tor the: informatlun nor ~pc:t:ltiC.ll1~ rdah~..J tll the ne\\ equlpm.:m. ~ g [ht: Hl1url~ Service Chdrge. In calcul.mng th( .1Ilnuitl m~l1nten.lOCC: dnu "C:(\ i~t: hllU~ for [he n~\\. e....ulpmcm. the: opc:rJ[\,.lr :-.hould bJst: ns ~l1lQ on cllt: .n t.:r:lg~ Jnnual e'l;pe\:t~tJ [line requm::u III malOcam the unit. Ie. expecteU serv...;!: huurs rl;::4utr~d l'\ ~r (h~ lite ur th~ ~l.Julrm~nt umt ~mg mtmduct:u Ji\ tued by the ~qUlpm~nt UOlt"~ ~"{pt:Llt:d Ilk 6 Regulator~ Re\ ie\\ Period for Annual Rate Changes 3. Basic Sen ice Tier 92 Op(:rators that d~ct thl:: .mnual ratc adjustment methodulllgy must tile aST nue: change request'; Jt least 90 :.Id~ s rnor to the dace: they plan to Imph:m~nt the: proposed !I>~ Tlurd ReUJIl;:'ldi!/alwn O/{ft:/ 9 FCC Red ~372 1:... Fu M R!!({Jllsldt:r.mu/I ()f,it:r. 9 FCC Rcu at l200 ~. Thl' ,lppr0.1ch I~ not Illnlt~J tn \lp~r..lt0n. (h~H de!"[ the annUJI r"i1mg. hut Jpph~;\ tl' .111 '.lp~r.1Ctlr~ ch.u nk F,Irm I ~05 ..... ['tn' ,R~'c(wJtdcra({/JN O'd.'.' t.; FCC 1<..;] J~ I! \jL) 3~ e e Adopted and approved thIs 9th of January, 1996 1Lf~ Mayor I hereby certIfy that the foregomg ResolutlOn 8979 (CCS) was duly adopted at a meetmg of the CIty CouncIl held on the 9th of January, 1996 by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Holbrook, Rosenste~n Noes CounCIl members None Abstam Councll members None Absent Councd members Greenberg, O'Connor ATTEST ~.~ -~ CIty Clerk ~ PROO' OF PU8L'A liON (2015.5 C.C. P.) STATE OF CALI FORN lA, County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or Interested in the above-entltled matter I am the principal clerk of the printer of the .........................................,.......... THE OUTLOOK ...........~.~-.......~.......................~....~ a newspaper of general circulation. printed and published .~~IJ..X.f;i\~t:.~.~Y'H?hX. In the City of . ~Atl:r A. r-HJJfJQA...... ... ... County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of Cal ifornia, under the date of.J~~...~~ 19 .~~., Case Number ..;u~.n~.....; that the notice. of which the annexed IS a printed copy (set 1M type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to-wit: JoAN 13 .................................................... all In the year 19., ~~ I certify (or declare) under penalty of perjury that the foregoing 15 true and correct . Dated at SANTA nONICA .~........~.........I......I.I'...~I.I... ni ,thIS....~~....daYo//'.~... 19 96 ...,1f~~~~...... 'Ihe Oudool, 1920 Colorado Ave Santa Monica, California 90404 (310) 829-6811 &pre, A~LES ~ ~~_. on ~ . . . This space Is for the County Clerk's FlIlng Stamp Proof of Publication of .1.6...............................................~...... EO 1.35 RESOLUTION NO 8979 lC~ty Council) (ees) ~~ "', A RBSOLu~ION OF THE CITY COUNCIL OF THE C!TY oP SANTA MONICA ,- 1\DOPTING A RATE ORDER REGARDING 'J "SMARTBOX" CONVERTBR AND "tlliIVERSAL" REMOTE CONTROL DEVICE RATES OF C~v1RY SQUTqWEST CABLE TELEVISION, INC WHEREAS, the Clty of Santa Monica (the .Clty"i becalT'e.'. certJ.fied to regulate baS1C cable servJ.ce rates and associat.ed, charges as of Oct-ober 7, 1993, ar.d has followed regulatJ.ons prescn.bed by the Federal ComMU=:lJ.catlons Commlssion (" FCC") for tbe " regulatJ.on of the baS1C serVlce tJ.er and assOClated equJ.pment, '~ J.nstallatJ.on, servloces and char"es :the "FCC Rules"), and . WHEREAS, Century Southwest Cable TelevisJ.on, Inc (the" "Company") submitted an FCC Fcr~ 1205 to the City on February 14, 1995 for the "SmartBox" ccnver:er and assoclated remote control device. an FCC Form 1205 on lAay 19, 1995 for the . Universal " re'llote ". control devJ.ce, and supple~ertal rate ~nformation to t~e City on AUgust 8, 1995 (collectlvely, the "Rate Fllings"), and WHEREAS. the remote cO"1tr-ol device used to operate the .SmartBox' CO'1verter and the "Un:.versal" remote control device are < the same piece of equipment ireferre:i to collect:Lvely hereln as the, " UnJ.versal" remote control deV1Ce), and WHEREAS the CO""lpany recj"I.i1res baslc-only subscr:Lbers with . "cable-ready' televlSJ.ons to 1ns::'all "SmartBox. converters J.n order '-, to block such subscrJ.bers' recelpt of "Century Select", and ' WHEREAS, the City issued a public notloce seeklong wrJ.tten co~ments from interested partiea on the COmpany's proposed rates.., and the Rate Fillongs were made available for puhlJ.c inspect:.on J.n~' order to obtain comment from any 1nterested party, and WHEREAS, the C:Lty Staff ~as ma:ie a recommendatloon to the Cloty Council {"Councll.) regardlong the Company's rates based on (a) 0 J.nformation contalned in the Rate <J.lings: (b) the assumed accuracy' ' of that inforltlatlon, (c) COi"'1'1\en~s, eVJ.dence and informatJ.O'l. from '. interested partloes, (dl the draft rate report prepared by the CJ.ty's fJ.nancial consultant, (e) t':le Company's comments on the - draft rate report, (f) the fi"1anc1al consultant's fJ.nal rate report and December 15, 1995 letter respondlng to the Company's commentB ~ on the draft rate report ("co:'lective1y, the Final Report"), and ~: WHEREAS, the Cauncll has consldered the City Staff'~~ recommendations and the reasons eherefore, has recelved and"- considered comments from the p'.JblJ.c, has reviewed and hereby adopts [apd by thlos reference ~ncorpora~es he~ein), as appropriate and t~~ the extent not inconsistent with thlS Rate Order, the fJ.ndings~-~ -..;~ aBsunpt~ons and other ~nfornatJ.o"l set forth ~n the firanoJ.al conB~ltant'~Pinal Report, a"1d ~ WHEREAS, the Company sub~ltted ltB annual FCC Form 1205 for ~ equipment ana lnstallatJ.on on ~ove~~er 6, 1995 as required by th~~ FCC lflNove-nber FCC Form 1205"i, ard WHEREAS, the C:Lty is con:lnuing to reVlew the November FCC ... Form 1205 whloch shall govern a~ong o~~er things the rates for th~~ "SmartBox" converter and "UnlvE'rsal" remo~e control device afte~~ t~e perlod covered by the February 14 and May 19 Foru 1205 rate flolings, and WHERBAS, the Corrpa"lY h;l5 the burden af prov~ng by af.. preponderance of evider-ce thac 1ts rates for the "SmartBox", converter and the "universal" rerrote control device are reaaonable- under the FCC Rules, 47 C FRS 76 937(a), ' NOW, THBREFORE, IT IS ORDERED THAT ~ 1 The maxJ.ffium permJ.tted rates for the "SmartBox" convertel!-." and the ":JnJ.versal" remote contrcl device unti: the date Century' 18 pennJ.tted by the FCC Rules to adJust J.1:S rates pursuan~ to the-" November FCC Form 1205 shall be a6 follows ' ""-axlolIIum PerfnJ.tted Rates' ,. _/ u~.. r---. . e MaxJ.mum Pannitt@d Ratelii~ I" SmartBoK"' converter "Universal It remote cent.roI device (l.nch..:ding batteries) $2 29 $0 71 The Company shall refund that port~.on of tr..e rates (plus interest(. ~ aid by subacribe~B for the equJ.prrent desc:n.bed in thl.S Paragraph to'.... the- extent such rates @J(ceed the rates approved In th~.s Paragraph ..... The Company shall not off!;let refunds by the aMount of any d~lijIcounta ~ provl.ded to subscrIbers On the equ:Lp'ne"'lt rates subJect; to this Rate Qrder The r-efuYJ.d perIod for the nSmartBox" converter ahall run from the date t:~e Company f.1:rs.:. charged a .eubscr~ber for it "SMartBox" Conver\:er unt.Il the date that Century l8 permitted by the FCC Rules to adJust lts :::-att=!:s purs'.Jant to t1-.le N'overnber FCC Form 1205 rates The refund per10d for the l'Un1verall< remote control devJ.ce shall ::-un from t.he date the Company f1:tst charged a subsqr~ber for such .t'raversal" rerrlote control dev~ce unt~l t.he' date Century IS perfIl:!.tted by ti.e FCC Rules to adJust l.~S rates ouraliant to t~e November FCC Forn. 1205 WJ.th resoect to each affected sub!;:cr~ber entItled to a refund, the Compa.,y sral: implement. the rate re.funds pu~s\Jan-: to this Paragraph within aixty (60) days after t.he C~ty Manager approves the refund plan that the Company shall eubm~ t pursuant ~o Para.graph No :2 .. 2 With~n seven (7) days after the date of adoption by the~ Council of th1.s Rate Order, the Compar~y shall 5ubm1.t a wr~tten plan' ~ to the C~ty Manager which, at a minimum, Shall set fort.h the # Company' IS m.ethod of prov~d1ng refunds to eubscr~ber8 (plus: interest.) pursuant to Para9rap~ No 1, idet::.t~f~ea the bas1.S for the' calculat~on of the amount of refu"lds, ~dent1.f1el5 the amount of t.he refandl 1dentifles the appb.cable 1nterest rate and expla::.ns how :l~"" , was calculated# prov:.des the nurrr..ber of subscrlbers em:l.tled to a I . refund for each month ::lur~ng th~ ~e~L:."1d perl-od and the actual rate , charged such subscribers for the "SM.a.rt9ox'" converter and for the~~ IIUnl veral" remote control devlce durl.ng s....ch period, and explalne how the rate refunds ::.rdered herein shall be im;lemented Such".... plan 19 S-.J.bJect to the City MaI"ager# s r.eV1ew and approval The._ Company' s obl~gatJ,.on to subml.t suc'1 plan shall not affect the I Company'S Obligation to lmplell1eC't rate refunds. as set forth ~d..i J Paragraph No 1 "r" 3 The Council reserves the r.:.ght to order addi~~onal adJustments to the rates~ and any refunds. for the "SmartBox- convert.er and the "iJniver15aln rem::::lte control device upon complet~onv: of the CIty' S rev~ew of the Corrpany's November FCC Form 1205 ... 4 Wlt.h~n Seven (7) days after the date of adopt~on by thE1 . Counc~l of thl-s R.a.t.e Order, the Company shall prov:tde a wrltten statement as to whether t1e Compa~y charged or charges {ll anyf basic-only subscr1ber fcr a "SmartBox" converter or any other..- convert&r the Company requ~res any such subscriber to have, a.nd (2) any such ba8~c-o~ly subscrlber for the "Un1Ver$a~" remote control_ device or any ot;her remote contrel devlce used to operate any such ...... converter A copy of any soarce documents (and a deta~led Bummary of the inf:trmil.t.l.on conta1"'led l.r the source dOcuments) 'Should- accompany the Company's response The Coancil reser-....es the r~ght to determine whether any charges Imposed by the COmpany on basic- oniy subscn.bers for converter boxes end remote cont.rol devl.ces are perruSls~ble under applJ.cable law and t.o take approprlate action If sue!]. charges are not. perm1.ss::..ble under applJ.cable law 5 The Council relierves tbe rIght to TT1odl.fy thIS Rate Order if, at any time, lt determl.nes that l.nfo:ttnatJ.on the Company provided to the C~ty IS incorrect in any mater-l.al manner 6 The C~t.y Manager is ordered to ma11 a copy of th~s Rate Order to the Company, prov1de appropriate pub11c rotlce of th:s Rate Order, 8Tld make a copy of this Rate Order avaJ.lable to any person upon request 7 The CIty Clerk ahal: ce-rtJ.fy to the adoptlon of th~s Resolution, and thenceforth and thereafter the same sh~ll be l.n full force and effect t Tr.e rates lUlted J.n the 'Column ent1tl@d "MaxJ..mum Permitted Rates. exclude franch1se fees APPROVED AS TO FORI! MARSHA JONES MOCTRIB CITY A'ITORNE'i Adopted and approved thIS 9th of January. ] 996 ISI PAUl. ROSENSTEIN Mayor I. Mana M Stewart, City Clerk of the City of Santa Moo'ea. do hereby certIfy Ihat the foregomg ResoLutIOn 8979 (CCS) WIS duly adopted at. meeting of the City Council held on the 9th of January, 1996 by the follOWing vote Ayes Council members Abdo. Ebn.... Genser, Holbrook, Rosenste,. Noes Council membm "'ione ~bstam Council members None Abs.ent Council members Greenberg. O'Connor ATTEST ISI MARlA I\l STEWo.RT C,tyCI...k Pub January 13 1996 ~. ., '1' .---- ~- -- ,..---- .r .... ~ i "".4' t f 1 r ~ ~ E=i It