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74 Rev. Edwards asked whether the City is receiving fewer complaints regarding Adelphia and Mr. Toscano stated that he understood very few complaints have been received recently concerning Adelphia. Mr. Gouldman stated that he knows of only two recent rate-related complaints. Regarding cost of service action, Mr. Toscano questioned whether that could be done at any time regardless of Council's action on the resolution and Mr. Gouldman replied that Adelphia could file using a cost of service analysis once a quarter. Mr. Gouldman also noted that without the passage of the proposed resolution neither the City nor the FCC have control over two-thirds of Adelphia's channels. Mr. Gouldman noted that previously Council had to make a finding that Adelphia's rates were unreasonable in order to request FCC rate regulation of the expanded tiers. Ms. Daugherty stated that she did not think it would be fair to citizens to overlook the rights of cable consumers and forfeit the right to regulate. Mr. Fisher stated that he disagreed with Mr. Gouldman's opinion that the City would be waiving its right m regulate, noting that an agreement between Adelphia and a New Jersey locality reserved the right for New Jersey to revisit the issue of regulation if rates are raised. Mr. Fisher stated that Adelphia would be willing to negotiate that point in an a~eement with Charlottesville, but he noted that Adelphia had already put that on the table and it was rejected by the City. Mr. Gouldman stated again that it is his opinion that an agreement reserving the right for Charlottesville to regulate rates after the deadline had passed would be unenforceable and against FCC's 60-day notice requirement. Mr. Gouldman added that by the time the City could confirm that such an agreement would be enforceable, the deadline would have passed and it would be too late to then take steps to regulate. Ms. Daugherty made a motion to approve the resolution "Determining that multi-channel T.V. Cable Company's collective offering of non-premium "a la carte" channels be treated as a regulated tier of service," and Ms. Slaughter seconded the motion. Ms. Slaughter stated that she believes the findings of facts for particular factOrs as identified by the FCC lead to the conclusion that subscribers are not given a reasonable choice. 5,ir. Toscano stated that he will vote for regulation, but does so with regret because he feels that much progress has been made between the City and Adelphia, there have been fewer customer complaints, and the public access studio and channels have been developed. 5&. Toscano stated that he appreciated Mr. Fisher's approach which involved no threats or intimidation. Mr. Toscano stated that he felt that Council ran the risk of losing the opportunity to protect its citizens if it did not act. Rev. Edwards stated that he agreed with the service level improvements and is somewhat in a quandary about what action to take in the absence of customer complaints, but he felt he would support the resolution. Mr. Fisher pointed out that he thought Mr. Gouldman was wrong in interpreting the FCC's past orders on rate regulation. The resolution "Determining that multi-channel T.V. Cable Company's collective offering of non-premium "a la carte" channels be treated as a regulated tier of service," together with all of its attachments, was approved by the following vote. Ayes: Ms. Daugherty, Rev. Edwards, Ms. Slaughter, Mr. Toscano. Noes: None. Absent: Mr. Vandever. WHEREAS, on August 23, 1994 the City of Charlottesville, Virginia ("City") received from Multi-Channel T.V. Cable Company d/b/a Adelphia Cable Communications (',Adelphia") FCC FORM 1215 - A La Carte Channel offerings; and