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162
<br />
<br /> WHEREAS, in accordance with applicable provisions of the Cable Consumer
<br />Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by
<br />the Federal Communications Commission ("FCC"), the City has undertaken all appropriate
<br />procedural steps to regulate the basic cable service tier and related equipment pursuant to 47
<br />C.F.R. ~ 76.910; and
<br />
<br /> WHEREAS, in accordance with applicable FCC regulations, on October 8, 1993, the
<br />City filed FCC Form 328 -- Certification of Franchising Authority to Regulate Basic Cable
<br />Service Rates and Initial Finding of Lack of Effective Competition -- with the FCC; and
<br />
<br /> WHEREAS, in accordance with applicable FCC regulations, on October 18, 1993, the
<br />City passed and adopted a Rate Regulation Ordinance; and
<br />
<br /> WHEREAS, on November 9th and 10th, 1993, the City sent to Grantee two (2) letters
<br />notifying Grantee that the City had been certified by the FCC via Form 328 and had adopted
<br />a Rate Regulation Ordinance and further requested that Grantee complete and return to the
<br />City applicable rate regulation information; and
<br />
<br /> WHEREAS, on or about December 13, 1993, the City received Grantee's completed
<br />FCC Form 393; and
<br />
<br /> WItEREAS, pursuant to applicable FCC regulations, on January 3, 1994, the City
<br />passed and adopted a resolution ordering a ninety (90) day extension to review Grantee's
<br />FCC Form 393; and
<br />
<br /> WHEREAS, pursuant to FCC regulations, on January 5, 1994, the City sent a letter to
<br />Grantee notifying Grantee that the time period for review of FCC Form 393 would be
<br />ex~ended for an additional ninety (90) day period; and
<br />
<br /> WHEREAS, on or about April 4, 1994, the City passed and adopted a resolution
<br />regarding the regulation of rates charged for basic cable service and related equipment based
<br />on Grantee's FCC Form 393; and
<br />
<br /> WHEREAS, on May 15, 1994, the FCC's revised rate regulations became effective
<br />significantly altering the calculations used to arrive at maximum permitted rates and
<br />introducing revised FCC Forms; and
<br />
<br /> WHEREAS, on or about August 23, 1994, the City received Grantee's completed FCC
<br />Forms 1200, 1205, and 1215 ("Rate Regulation Forms"); and
<br />
<br /> WHEREAS, the Minneapolis law firm of Moss & Barnett, the City's cable television
<br />advisors, were asked to provide assistance to the City for review of Grantee's Rate
<br />Regulation Forms; and
<br />
<br /> WHEREAS, pursuant to 47 C.F.R. § 76.933(b), on August 25, 1994, the City tolled
<br />the 30 day time period for review of Grantee's Rate Regulation Forms for an additional ninety
<br />(90) day period; and
<br />
<br /> WHEREAS, on October 19, 1994, the City, pursuant to 47 C.F.R. ~ 76.986,
<br />unanimously adopted its "Initial Decision" determining that Adetphia's collective offering of
<br />non-premium a la carte channels be treated as a regulated tier of service and ordering
<br />Adelphia to immediately take all necessary steps required under applicable federal laws and
<br />regulations to restructure their collective offering of a la carte channels into regulated tiers
<br />(hereinafter referred to as the City's "Initial Decision"); and
<br />
<br /> WHEREAS, on November 3, 1994, Adelphia petitioned the FCC for Interlocutory
<br />Review of the City's Initial Decision; and
<br />
<br /> WHEREAS, on February 7, 1995, the FCC's Cable Services Bureau released its Order
<br />denying Adelphia's Interlocutory Appeal of the City's Initial Decision (DA 95-157); and
<br />
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