HomeMy WebLinkAboutResolution No. 2006-020
RESOLUTION NO. 2006-20
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 1.2005
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984,47
D.S.C. S 543, as amended, the City of Columbia Heights, Milmesota (hereinafter the "City") is
permitted to regulate rates for basic cable service; and
WHEREAS, the City is celiified as a rate regulation authority pursuant to rules ofthe
Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast of Milmesota, Inc. (hereinafter "Comcast"), the local franchise
holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for
Regulated Cable Services", on or about March 1, 2005, purporting to set forth and justify the
maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the
"2005 FCC Form 1240"); and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2005 FCC Form 1240; and
WHEREAS, the rate set forth herein will govern Comcast's basic service rate until
Comcast lawfully implements a fmiher 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
2005 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service
rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings,
to the extent permitted by and consistent with FCC rules o..nd decisions.
2. Comcast shall not charge any rate higher than the maximum permitted rate set
forth in the 2005 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. S 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
3. Comcast may charge rates less than the lawful maximum permitted rate for basic
service, as long as such rates are applied in a lmiform 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 2005 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 conect any specific entry,
explanation, calculation or rate in the 2005 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 and review data, and documents concerning the 2005 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 2005
FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and
(iii) the right to request additional information concerning the 2005 FCC Form 1240 that is
relevant to any City review of subsequent basic service rate filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. S 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. S 76.936(b).
Passed this 13th day of February 2006.
Offered by: Williams
Seconded by: Kelzenberg
Roll Call:
Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
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Mayor Gary Y . Peterson
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Patricia Muscovitz, CMC
\ Deputy City Clerk/Council Secretary
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