1995-08-07 - Laserfiche WebLink

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2i2 WHEREAS. the City of Chaflottesviiie, Virginia ("CitY") is fiae Grantor of a Cable Corranunications Franchis~ Ordinance ("Ordinance") executed on or at)out June 15, 1992 by and between the City and Multi-Channel T~V. Cable company d?t)/a Adeiphia Cable Communications (herein~er "Grantee" or "Adeiphia"); and WHEREAS, in accordance with applicable provisions of the C£131e consumer Protection and comvetition Action of t992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCCg. the City has undertaken ail a¢propriate procedural steps to regulate the basic cable service tier and associated equipment pUrsuant to 47 C.F.R.. part 76, Sift>part N Sections 76.900- 76.987; and WHEREAS, in accordance with 47 C.F.R. Section 76.910, on October 8, 1993, the City filed FCC Form 328 -- Certification of Frandnising Authority to Regulate Basic Cable Se~ice Rates and initial Finding ofiack of Effective Competition -- with the FCC; and WHEREAS, in accordance with 47 C.F.R. Section 76.9'i0, on October 18. 1993 the City passed and adopted a Rate Regulation Ordinance; and WHEREAS, on November 9th and 10th. 1993 the City sent to Grantee two (2) letters notifying Grantee that the city had been certified by the FCC via Form 328 and had adopted a Rate Regulation Ordinance and fufftaer requested that Grantee complete and return to the City applicable rate regulation information; and WHEREAS, on or at)om December 13, 1993 the city received Grantee's completed FCC Form 393; and WHEREAS, pursuant to 47 C.F.R. Section 76.933(b), on JanuaH 5, i994 the City sent a letter to Grantee notifying Grantee that the time period for review of FCC Form 393 would be emended for an additional ninety (90) day period; and WHEREAS, on or about April 4, i994 the City passed and adopted a resolution regarding the regulation of rates charged for basic cable service and associated equipment based on Grantee's FCC Form 393: and WHEREAS, on May 15, i 994 the FCCs revised rate regulations became effective significantly altering the calculations used to arrive at maximum permitted rates and introducing revised FCC forms; and WHEREAS, on or about August 23, 1994 the city received Grantee's completed FCC Forms 1200, 1205 and 1215 ("Rate Regulation Forms"); and WHEREAS, pursuant to 47 C.F.R. Section 76.933(b), on August 25, i994 the City tolled the 30 day time period for review of Grantee's Rate Regulation Forms for an additional ninety (90) day period; and WHEREAS, on October i9, 1994 the City, pursuant to 47 C.F.R. Section 76.986, unanimously adopted its "initial Decision" determining that Adeiptfia's collective offering of non-l~remium a ia carte channels be treated as a regulated tier of service and ordering Adel'l~hia to immediately take ail necessary steps required under appikabie federal laws and regulations to restructure their collective offering of a ia carte channels into regulated tiers (hereinafter referred to as the City's "initial Decision"); and WHEREAS, on November 3, i994 Adeiphia petitioned the FCC for interlocutory Review of the City's initial Decision; and WHEREAS, on February 7, 1995 the FCC's Cable Services Bureau released its Order denying Adeiphia~s interlo cut oH Appeal of the City's initial Decision (DA 95 - 157); and WHEREAS, as a resuk of the FCC's February 7, i995 decision, the Rate Regulation Forms sfft)mitted by Grantee no longer contained sufficient innformation on which the City