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163 WltEREAS, as a result of the FCC's February 7, 1995 decision, the Rate Regulation Forms submitted by Adelphia no longer contain sufficient information on which the City may base a decision regarding the rates to be charged for the basic cable service tier and associated equipment; and WHEREAS, as a result of the FCC's February 7, 1995 decision the rates and charges previously approved by the City on April 4, 1994 with respect to Adelphia's FCC Form 393 may no longer be appropriate since the FCC has determined that Adelphia illegally removed channels fi-om regUlated tiers of service; and WltEREAS, pursuant to applicable FCC regulations the City's 120 day time period for review of Adelphia's Rate Regulation Forms Will expire on April 17, 1995; and WHEREAS, the FCC has made clear to cable operators and franchising authorities that the 120 daytime period may not be extended unless a waiver is granted by the FCC; and WHEREAS, as of April 17, 1995, the expiration of the City's 120 day review period, Adelphia has not yet submitted to the City a new FCC Form 1220 seeking to justify basic service tier rates utilizing a cost of service analysis; and WHEREAS, the City, in order to accomplish its review in a timely manner, scheduled ibr its regular meeting date of April 17, 1995 sufficient time for the purpose of reviewing Grantee's Rate Regulation Forms and related rate regulation information; and WHEREAS, based upon the City's April 17, 1995 meeting and all information and advice from Moss & Barnett and City Staff, the City determined to make the below listed Orders for Action. NOW, THEREFORE, in a regular meeting of the City Council of the City of Charlottesville, Virg~a, dated April 17, 1995, the following is RESOLVED: ORDERS FOR ACTION The City hereby enters the following orders: The City hereby adopts and makes a part of this resolution all documents referenced above. o Since Adelphia's FCC Form 1220 has not been received by the City as of April 17, 1995, the end of the City's 120 day review period, the City has had insufficient time to review its contents and reach a decision regarding the rates proposed therein. Pursuant to FCC regulations at 47 C.F.R. § 76.933(c) the City reserves its right to hereafter issue a written decision disapproving any portion of Adelphia's rates. The City hereby directs Adelphia to keep an accurate account of all amounts received by reason of the rates in issue and on whose behalf such amounts were paid. ~ As a result of the FCC's February 7, 1995 decision, the City hereby reserves its right to review (a) the validity of the rates Adelphia attempts to justify in its FCC Form 393 submitted to the City on December 13, 1993; (b) the validity of the rates Adelphia attempts to justify in the Rate Regulation Forms; and (c) the validity of the rates Adelphia attempts to justify in FCC Form 1220. The City Manager is hereby authorized to execute any and all necessary correspondence or other documentation to protect the City's rights regarding the regulation of Adetphia's rates.