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R-5451 I ry . . RESOLUTION NO. 5451 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~ONICA 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 WHERE ANY PERSON HAVING ANY INTEREST THEREIN OR ANY OPPOSITION TO THE GRANTING THEREOF MAY APPEAR BEFORE THE CITY COU~CIL 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 1n 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 public hearing is hereby set for the 22nd day of January, 1980, at the hour of 7:30 p.m. in the Council Chambers. City Hall, 1685 Main Street, Santa Monica, California. for granting authority to Theta Cable of California to increase the rates for community access tele- vision (CATV) service within the City of Santa Monica. Theta Cable of Cali- fornia's (Theta) application for increased rates is on file in the office of the Clty Clerk and may be examined at any tlme 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 portion of Section 3.E. of Resolution 3644 (CCS) adopted August 8, 1967, pertaining to rates and charges for CATV services in Santa Monica be amended and Resolution No. 4821 (CCS) dated December 14, 1976, be replaced by the following schedule of rates and charges. ~ . e I. Installation Charge A. Residence (each dwelling unit) 1. First Outlet a. Standard Installation i. A standard installation shall include installation of drop cable with fittings up to 150 feet from the CATV distribution system (measured along the cable from the center line of the street or utility easement) through the house wall or at the customer's option through the floor from a house vent or crawl space directly to the customer's television set with five feet of cable from the wall or floor entry to the TV set. Also included is the grounding cable~ fine tuning of the television set and the provisions of appropriate literature. b. Overhead Service i. The charge shall be $20.00 for a standard installation. c. Underground Service from Underground Feeder Ca~le i. In the event that the subscriber independently provides for his own trenching (includtng any necessary boring, backfilling, repaving and/or replanting), the charge shall be as stated above for Overhead Service. ii. In the event that the subscriber contracts with the company to provide the trenching and related work on the subscriber's property~ the charge for the trenching, etc., shall be the cost incurred by the company and the charge for the duct, cable and installation shall be as stated above for Overhead Service. iii. In either event, the company shall bear the full cost of pro- viding the trenching and all other facilities from the feeder cable to the subscriber's property line. iv. The company shall inform the subscriber of the above options and provide the subscriber with a written esti~ate of the costs therewith. (a). In the event that a written estimate is not given to the subscriber. the total cost of underground installation shall be as stated above for Overhead Service. d. Underground Service from Overhead Feeder Cable ;. The charge shall be as stated above for Overhead Service and in addition thereto, the difference between the company's incurred cost of providing the underground facilities from the feeder cable to the subscriber1s property line and the estimated cost of con- structing equivalent aerial facilities. -2- . e ii. The subscriber shall be given the option of providing his own trenching (including any necessary boring~ backfilling, re- paving and/or replanting) or of contracting with the company to provide the trenching and related work on the subscriber's property. The charge for the trenching, etc. on the subscriber's property shall be the cost incurred by the company and the charge for the duct, cable and installation on the subscriber's property shall be included in the charges stated in I.A.l.d.i. above. iii. All conditions stated in I.A.l.c.iv. (Inform and Estimate) above shall be applicable. 2. Each Additional Outlet a. The charge shall be $7.50 for each additional outlet if the subscriber's order for same is made not later than the time the first outlet is installed or reconnected or any other work by the company is performed on the premises for which a charge is authorized. b. When the subscriber's order is made subsequent to the time speci- fied in I.A.2.a. above, the charge shall be $15.00 for the first additional outlet and $7.50 for each further additional outlet, if any, ordered installed concurrently. c. When an additional outlet is installed in a separate structure on subscriber's premises the charge shall be as specified in I.A.l.b. above for overhead service or as specified in I.A.l.c. for underground service. B. Reduce~ Charges During Certain Periods 1. At the option of the company, any of the foregoing charges may be reduced by any amount, but only under the following conditions: a. The subscr1ber makes a bona fide application for service not later than 30 days after the company's local feeder cable is initially placed 1n service and such cable is reasonable accessible to the subscriber's premises; or b. The company files with the City Clerk notice specifying the conditions under which the foregoing charges will be reduced. The notice shall include the reason 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 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 modification or restriction as the City Council may impose. c. Reduced charges, if offered, shall be on a nondiscriminatory nonpreferential basis. -~ ~ . It c. Installation of A-B Switch, Channel Selector or ~ouse Amplifier 1. The charge shall be $7.50 for the installation of an A-B Switch, Channel Selector or House Amplifier if the subscriber's order for same is made not later than the time the first outlet is in- stalled or reconnected or any other work by the company is performed on the premises for which a charge is authorized. 2. When the subscriber's order is made subsequent to the time specified in I.C.1. above, the charge shall be $15.00 for the first A-B Switch. Channel Selector or House Amplifier installed and $7.50 for each further A-B Switch, Channel Selector or House Arnplifier~ if any, ordered installed concurrently. 3. The charges for house amplifiers stated above in I.C.l. and I.C.2. shall apply only to house amplifiers installed in single residences or business establishments. D. Deposit for Channel Selector 1. A $20.00 deposit may be collected for each channel selector pro- vided to a subscriber after the effective date of this order. a. The company shall pay simple interest at the rate of 1/2 percent per month on deposits held for an entire month. b. The deposit plus interest, less any unpaid charges owed by the subscriber, shall be refunded upon disconnection and return of the channel selector to the company. L Multiple Apartments, Hotels, ~10tels, Condominiums, Townhouses and Nonresidences 1. All installation charges (excluding the cost of all amplifiers) for the above captioned classes of subscribers shall not exceed the actual cost to the company of making such installations and shall be charged to the owner thereof as hereinafter provided. a. Multiple apartments shall be under one ownership and may have either one customer billing or individual tenant billings. Owner approval shall be required on all installations. b. COndOlTJi n i urns sha 11 i nc 1 ude i ndi vi dua lly O\'med uni ts \"here th e unit owner has' title to the structure within the confines of the walls, ceiling and floor of his unit with either one customer billing to the owners' association or individual billings to the unit owners. i. The legally recognized condominium ownersl association shall be considered as the owner of the building in applying I.E.l above and its approval shall be required prior to all installa- tions. c. Townhouses shall include individually owned units where the unit owner has title to the structure within the confines of the walls, -4- ~ . e the ground below and the air space above with either one customer billing to the owners' association or individual billings to the unit owners. i. The legally recognized townhouse owners' association shall be considered as the owner of the building in applying I.E.l. above and its approval shall be required prior to all installations. d. In those instances where an individual condominium or townhouse unit owner applies for service and the service can be provided in accordance with Section I.A.l.a. (Standard Installation) abovet the installation charge shall be as stated in Section I.A.l.b. {Overhead Service} in lieu of the charge stated in I.E.l. above. The installation charge shall be charged directly to the unit owner and the approval of the owners' association shall be required prior to all installations. 2. The installation charge set forth in Section I.A.l.b. (Overhead Service) above shall not be made in addition to the installation charge set forth in I.E.l. above. 3. The company shall keep such records as may be necessary to identify the costs and charges associated with each of the foregoing sub- scribers. F. Additional Charge for Nonstandard Installation 1. In the event that a subscriber requests a nonstandard installation, such as concealed wiring, wiring to an outlet on an inside wall, an outlet location more than 150 feet from the CATV distribution system prewiring of a residence under construction or an~ other installation not included in a standard installation (I.A.l.a.), the company upon written agreement with the subscriber may make an additional charge not to exceed the cost to the company attributable to such nonstandard installation. If company and subscriber fail to reach an agreement on the additional charge, the City Manager upon request from the sub- scriber or the company shall determine the amountt terms and conditions of the additional installation charge which would be fair and reasonable under the particular circumstances. 2. The company shall ~ile with the City Manager a current list of the types of nonstandard installations for which an additional charge stated in I.F.l. above shall be applicable. G. Schools and City-Owned Facilities 1. One standard installation of cable in the above-captioned classes of subscribers (where schools are under the jurisdiction of the Board of Education of the Santa Monica School District) shall be made without charge. The installation charge for any additional installation work performed shall not exceed the cost to the company of making such in- stallations. -5- . e 2. The company shall keep such records as may be necessary to identify the cost and charges associated with each of the foregoing subscribers. II. Monthly Rates A. Residence (each dwelling unit) and Business and Commercial Establis.hments. 1. First Outlet - The rate shall be $8.00 per month. 2. Each Additional Outlet - The rate shall be $1.75 per ~onth. 3. In-House Amplifier - The rate shall be $4.00 per month and shall be applied only when required to provide adequate signal to five or more outlets. B. Multip~e Apartment Units, Hotels, Motels, Condominiums, Townhouses and Nonresiderces 1. Apartment Units. Condominiums and Townhouses a. Number of Apartment/ Condominium/Townhouse Unit Rate Per Month Per Apartment/ Condominium/Townhouse Unit One Outlet 1 - 4 5 - 19 20 - 49 50 or more $7.50 6.40 5.35 4.30 b. The rate for each additional outlet within an individual unit shall be $1.50 per month. 2. Hotels, Motels and Nonresidences a. The rate for each unit of transient type facilities shall be $4.30 per month for up to 100 units. For facilities with more than 100 units, the rate shall be $3.00 per month. 3. The above service rates shall apply where all outlets are on the same premises under one ownership as specified in I.E. above and with billing to one customer. . 4. The application of the rates indicated in II.B. in lieu of the rates specified in II.A. shall be at the option of the company. 5. Separate accounts may be established with residents of units specified in II.B.l. and II.B.2. above for the purpose of making charges for those additional services not included in single billing agreements. C. Channel Selector 1. The rate shall be $2.00 per month for each unit. -6- '. . . D. 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 Unified School District and the Santa Monica Commu~ity College District and private non-profit schools pro- vided that such locations are passed by the transmission cable maintained for the service of paying subscribers. E. Waiyer 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 facl1ities as agreed on between Theta and the City Manager provided that such locations are passed by the transmission cable maintained for the service of paying subscribers. F. Television Dealers 1. Theta will make no charge to bona fide television dealers selling new sets other than the $7.50 monthly charge for the first outlet, even though multiple outlets may be in use. Such limitations upon the charge to the dealer is conditioned upon Theta's distribution lines passing such dealers places of business. G. Prorating for Less than One Mont.h's Servi ce 1. The monthly rate shall be prorated on the basis of the number of days in the period for which service was rendered to a standard 31-day billing period. H. 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 furnished. III. Relocation Charge A. The charge shall be $15.00 for each relocated outlet or relocated channel sel ector. B. The condition stated in I.A.l.a. above shall be applicable. IV. Charge for A~B Switch A. A one-time charge of $7.50 shall be applied for each A-B Switch installed by the company. The charge shall be in addition to the installation charge stated in I.e. above. Theta shall guarantee each A-B Switch for a period of one year from the time of installation and the switch shall be the property of the subscriber. 1. The company shall not collect any other charges for the A-B Switch than those stated in I.C. and IV.A. above. -7- ~..- "- .' . V. Reconnect Charge A. The charge shall be $15.00 per subscriber. B. The charge shall apply where the company had previously served the premises. and facilities are substantially in place. but service was cancelled. suspended or terminated for any good cause or the cable was cut or disconnected by the subscriber or his agent or in the case of multiple apartments. conGJrniniurns. townhouses and pre- wired residences when an individual unit is connected to the system nonconcurrently with the installation of the system in the building. C. The charge may be applied where the service is not interrupted but a subscriber name change occurs. D. The charge shall not be made in addition to the installation charge. E. The company shall not remove, rearrange or otherwise disturb any of its existing facilities for the purpose of making a greater charge than would otherwise be applicable. F. During periods of reduced installation charges specified in I.B. above. the above reconnection charge shall be reduced in the same proportion that the installation charge specified in I.B. above is reduced. VI. Subscriber Liability for Loss or Damage to Equipment or Facil Hi es A. The subscriber will be held responsible for loss or damage to any equipment or facilities provided by the companYJ except where the loss or damage is due to causes beyond the subscriber's control. The company ~ay make an additional charge not to exceed the cost to the company for replaclng or restoring the equipment or facilities to its original form. 1. The company shall file with the City Clerk and keep current a list of the types of charges that may reasonably be expected to be applied under this section. 2. Prior to the time the equipment or facilities are replaced or restored. the company shall provide the subscriber with a written itemized estimate of all charges to be made hereunder. VII. FM Radio Outlets A. Where the company provides FM radio signals to the subscriber's FM radio receiver. the rates and charges for each connection or outlet providing such service shall be identical with those set forth above for TV outlets. VIII. Line Extension Charges A. In the event that a potential 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 foregoing rates and charges, the -8- ~~. ' . . 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 foregoing rates and charges, would be fair and reasonable under the particular conditions and circumstances. B. The line extension provision stated in VIII.A. above shall not be applied so as to relieve Theta of its basic requirement under the terms and conditions of its franchise to provide service within its franchised area; nor shall the provision be applied to place the burden of the cost of installation of the basic distribution and feeder system directly upon the potential subscriber in such areas. IX. Reporting Requirements A. The company shall file with the City Controller an annual profit and loss statement in addition to the financial and statistical data required under Ordinance 734 (CCS). X. 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 I.B.l.b. and c. above, as they apply to reduced charges during sales promotions. XI. 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 in conformity with this resolution, and that a copy of said resolution is available for inspection at the company's local business office and at the City Clerk's Offlce, City of Santa Monica~ 1685 Main Street, San~a Monica, California, 90401. SECTION 3. Theta Cable of California shall not charge for any service not included in Section 2 of this resolution nor shall Theta Cable of California charge higher rates than provided in Section 2 of this resolution. SECTION 4. The Clerk shall publish this resolution once within fifteen days of the adoption thereof in the official newspaper. -9- E" "\ - . . , SECTION 5. The City Clerk shall certify to the adoption of this resolution~ and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED this 11th. of December, 1979 ATTEjj -PfJt'. hIA/Lel.; C.L . ~ - ~y Clerk ''ill- jr~ v ()1ayor~ I hereby certifiy that the foregoing resolution was duly adopted by the City Council of the City of Santa Monica at a regular meeting thereof. held on the December 11, 197~ by the following vote of the Council: AYES: Councilmen: Yannatta Go1dway, Jennlngs, Reed, Rhoden, Scott, van den Steenhoven and Mayor Bambrlck. NOES: Councilmen: None ABSENT: Councilmen: None _/~-L -~ Ci ty Cl erJ( APPROVED AS TO FOR~: S.9ar\< 9c.c~, c.~~ l. ~\dlt{ 00d<E\ City Attorney -10- .~~_ _~N_~