HomeMy WebLinkAboutResolution No. 2005-07 RESOLUTION NO. 2005-07
ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND
INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS
COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1~ 2004
WHEREAS, under 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 equipment and installations; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the
Federal Communications Comlnission (hereinafter "FCC"); and
WHEREAS, Comcast of Mim~esota, Inc. (hereinafter "Comcast"), the local fi-anchise
holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and
Installation Costs, 'Equipment Form'" (hereinafter the "2004 FCC Form 1205"), on or about
March 1, 2004, purporting to set forth and justify the rates it could charge to subscribers in the
City for equipment a2~d installations; mhd
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2004 FCC Form 1205; and
WHEREAS, the rates set forth herein will govern Comcast's equipment rates and
installation charges until Comcast lawfully implelnents a further rate change pursuant to
applicable FCC regulations.
NOW, THEREFORE, the following is resolved:
1. Comcast's maximmn permitted rates and charges for equipment and installation,
as calculated in the 2004 FCC Form 1205, are neither approved nor denied, but may function as
a rate ceiling during the relevant rate period.
2. Comcast shall not charge any rates higher than the applicable maximum permitted
rates set in the 2004 FCC Form 1205 nor increase those rates, m~less such rates are 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 trader applicable law and regulations.
3. Comcast may charge rates less than the lawful maximtull permitted rates for
equipment and installation, as long as such rates are 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 represemations made by Comcast in its 2004 FCC
Form 1205. 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 1205.
5. The City reserves all of its rights with respect to rate regulation, including (but not
limited to): (i) the right to request and review data, and documents concerning the 2004 FCC
Form 1205 in order to determine the impact, if any, such data and documents have on rates
proposed in future equipment and installation rate filings; (ii) the right to address issues raised in
the 2004 FCC Form 1205 that are relevant to any City review of subsequent equipment m~d
installation rate filings; and (iii) the right to request additional information concerning the 2004
FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate
filings.
6. This Order constitutes a wa-itten 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 and 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, Nava-ocki, Willimr~s, Ericson, Kelzenberg
Atte~
Patr~cia Muscovitz, CMC
Deputy City Clerlc/Council Secretary