HomeMy WebLinkAboutResolution No. 2010-008RESOLUTION NO. 2010-08
ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND
INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS
COMIVIISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2009
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 Commission (hereinafter "FCC"}; and
WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with
the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs,
`Equipment Form"' (hereinafter the "2009 FCC Form 1205"}, on or about March 1, 2009,
purporting to set forth and justify the rates it could charge to subscribers in the City for
equipment and installations; and
WHEREAS, the City held a public hearing to solicit the views of interested persons
concerning the 2009 FCC Form 1205; and
WHEREAS, the rates set forth herein will govern Comcast's equipment rates and
installation charges until Comcast lawfully implements a further rate change pursuant to
applicable FCC regulations.
NOW, THEREFORE, the faliowsng is resolved:
1. Comcast's maximum permitted rates and charges for equipment and installation,
as calculated in the 2009 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 2009 FCC Form 1205 nor increase those rates, unless 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 under applicable law and regulations.
3. Comcast may charge rates less than the lawful maximum 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 representations made by Comcast in its 2009 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 2009 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 2009 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 2009 FCC Form 1205 that are relevant to any City review of subsequent equipment and
installation rate filings; and (iii) the right to request additional information concerning the 2009
FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate
filings.
6. This Order constitutes 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 and is available for review, pursuant to
47 C.F.R. § 76.936(b).
Passed this 22°d day of February 2010.
Offered by: Kelzenberg
Seconded by: Diehm
Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg
~_
Mayor Gary L.'i'eterson
Attest:
atricia Muscovyt~ CMC
ity Clerk
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