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HomeMy WebLinkAboutResolution No. 2002-10 RESOLUTION NO. 2002-10 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 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 basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to roles of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter "AT&T") filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" (hereinafter the "2001 FCC Form 1240"), dated March 1, 2001, p~ to set forth and justify the rate it proposed to charge to subscribers in the City for basic cable service; and WHEREAS, the City's legal counsel retained Ashpaugh & Sculco, CPA's, PLC (hereinafter "A&S") to assist the City in reviewing and analyzing AT&T's 2001 FCC Form 1240; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1240, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1240; and WHEREAS, the rate set forth herein will govern AT&T's basic service rate until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights: 1. AT&T's maximum permitted rate for basic cable service, as calculated in the 2001 FCC Form 1240, is hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rate set herein, 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. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T may charge rates less than the maximum permitted rate indicated above for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. In its next FCC Form 1240, which will be filed with the City on or about March 1, 2002, AT&T agrees to subtract 8 cents from the maximum permitted basic service rate that could otherwise lawfully be calculated. 5. This Order is based on the representations of AT&T. 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 disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. 6. The City reserves all of its fights with respect to rate regulation. 7. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 8. This Order shall be effective immediately upon its approval by the City. This Order shall be released to the public and to AT&T, 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 25th day of February 2002. Offered by: Seconded by: Roll Call: Williams Szurek Ayes: Peterson, Szurek, Wyckoff, Williams Absent: Nawrocki Attest: Patricia Muscovitz, Deputy Cityt~lerk 2