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HomeMy WebLinkAboutResolution No. 2005-06 RESOLUTION NO. 2005-06 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1~ 2004 WHEREAS, m~der Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursum~t to rules of the Federal Communications Commission (hereinafter "FCC"); mhd WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local fi'anchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2004, purporting to set forth and justify the maximmrt rate it could charge to subscribers in the City for basic cable service (hereinafter the "2004 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate tmtil Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2004 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling &tring the relevant rate period; and (ii) be utilized in futm-e basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not chat'ge amy rate higher than the maximum permitted rate set forth in the 2004 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may chat'ge rates less than the lawful maximum permitted rate for basic service, as long as such rates at'e applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request mhd review data, and docmr~ents concerning the 2004 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1240 that are relevmht to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2004 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitmes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued mhd is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this 14th day of February 2005. Offered by: Ericson Seconded by: Williams Roll Call: Ayes: Peterson, Naw2'ocki, Williams, Ericson, Kelzenberg Attest: ',Patricia Muscovitz, CMC cTL Deputy City Clerk/Council Sed'retary 2