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HomeMy WebLinkAboutResolution No. 2002-11RESOLUTION NO. 2002-11 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 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, Mi~mesota (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 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 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2001 FCC Form 1205"), dated March 1, 2001, purporting to set forth and justify the rates it proposed to charge to subscribers in the City for equipment and installations; 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 1205; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1205, 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 1205; and WHEREAS, the rates set forth herein will govern AT&T's equipment rates and installation charges 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, Minnesota: 1. AT&T's operator selected rates and charges for equipment and installation, as calculated in the 2001 FCC Form 1205, are hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rates set in the 2001 FCC Form 1205. 3. AT&T may charge rates less than the maximum permitted rates indicated in the 2001 FCC Form 1205 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. 4. Notwithstanding paragraphs 2 and 3, nothing in this Order shall be construed as a finding that the City has accepted AT&T's filed maximum permissible equipment rates and installation charges as correct. 5. For the period fi.om July 1, 2002, through and including June 30, 2003, AT&T shall charge a monthly "all other converter rate" (addressable and digital converters) that does not exceed AT&T's national average rate for addressable and digital converters. This requirement will be met to the extent that the local "all other converter rate" in the City does not vary by more than $0.05 above the national average. 6. 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. 7. The City reserves all of its rights with respect to rate regulation. 8. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 9. This Order shall be effective immediately upon its approval by the City. 10. 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. § 76.936Co). Passed this 25th day of February 2002. Offered by: Seconded by: Roll Call: Szurek Wyckoff Ayes: Peterson, Szurek, Wyckoff, Williams Absent: Nawrocki ~or Ga~L'. P"~ter~on Attcst: Patricia Muscov~Clerk