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75 WHEREAS, the City retained the services of Moss & Barnett, A Professional Association, to assist in reviewing Adelphia's FCC Form I215; and WHEREAS, on August 25, 1994 Mr. Brian T. Grogan of Moss & Barnett sent a letter via certified mail, return receipt requested to Mr. John B. Glicksman, Assistant General Counsel for Adelphia, placing Adelphia on notice that the time period for the City's review of Adelphia's rate submission was extended for an additional 90 days beyond the original 30 day time period pursuant to 47 C.F:R. Section 76.933; and WHEREAS, pursuant to 47 C:F.R. Section 76.986 the City has 60 days to make an initial decision addressing whether Adelphia's collective offering of"a la carte" channels will be treated as an unregulated service or a regulated tier; and WHEREAS, the 60 day period for the City's initial decision will expire on October 22, 1994; and WHEREAS, the City, with the assistance of Moss & Barnett, has conducted a thorough and detailed review of Adelphia's FCC Form 1215 as evidenced by a letter from Mr. Grogan to Mr. W. Clyde Gouldman, II, the Charlottesville City Attorney, dated September 23, 1994 attached hereto as Exhibit 1; and WHEREAS, baSed on applicable federal laws and Federal Communications Commission ("FCC") regulations, all reports and advice from Moss & Barnett and City staff, the City determined to make the below listed Findings of Fact and Orders for Action. NOW, THEREFORE, in a special meeting of the City of Charlottesville, Virginia dated October 19, 1994 the following was resolved: FINDINGS OF FACT The City hereby issues the following Findings of Fact for each of the factors the FCC has identified to assist local franchising authorities in considering whether a collective offering of"a la carte" channels should be considered a regulated tier (See Second Order of Reconsideration, Fourth Report and Order, and Fifth Notice of Proposed Rulemaking, MM Docket 92-266, II c "A La Carte" Packages). The City renders the below Findings of Fact regarding the five (5) factors the FCC has identified which, if present, would suggest that the rates for the "a la carte" offerings should not be regulated. 1. The operator had offered (or begun to explore offering) "a la carte" paCkages consisting of non-premium channels prior to rate regulation. In Marc~ of 1993, Adelphia sent to all of its customers a notice of rate change wherein Adelphia increased many of its Charges for what were then known as satellite service, economy service and standard service and decreased the charge for expanded satellite service and certain equiPment charges. AdelPhia did not offer any non-premium channels on an "a la carte" basis at that time. The FCC's rate regulations were adopted on April 1, 1993. These rate regulations were originally to take effect June 21, 1993, however the FCC delayed the effective date until September I, 1993. Based on the foregoing, no "a la carte" paCkages consisting of non-premium channels were offered prior to April 1, 1993, the date specified within the FCC's regulations as the beginning of rate regulation. (See 47 C.F.R. Section 76.986.) The operator has conducted market research that suggest introducing an "a la carte" package would be profitable, other than as a means of evading rate regulation. Adelphia has submitted no market research or other information as part of its Form 1215 submission to the City suggesting that "a la carte" paCkages would be profitable. Further, the City has received no other information from Adelphia whiCh includes market