Laserfiche WebLink
232 <br /> <br /> fact support City residents. <br /> <br />RESOLUTIOn: REGULATION OF RATES CHARGED FOR BASIC CABLE SERVICE <br />AND RELATED EQUIPMENT <br /> <br /> Mr. Clyde Goul ~dman, City Attorney, explained that the <br /> resolution would approve cable rates for the basic service <br /> tier at $8.70, the same r~ates charged since November of <br /> 1993, and related equipment. Mr. Gouldman added that a second <br /> ruling by the FCC regarding cable's a la carte program has <br /> just been sent and if rates could be lowelred as a result of <br /> this ruling, the matter can be reconsidered by Council. <br /> Responding to a question from Mr. Vandever, Mr. Gouldman <br /> acknowledged that by this action Council is accepting <br /> Adelphia's justification for their basic rates. <br /> <br /> On motion by Ms. Daugherty, seconded by Rev. Edwards, the <br /> resolution regarding regulation of rates charged for basic <br /> cable service and related equipment was unanimously approved' <br /> by Council. <br /> <br /> WHEREAS, the City of Charlottesville, Virginia ("City") <br /> is the Grantor of a Cable Communications Franchise Ordinance <br /> ("Ordinance") executed on or about June 15, 1992 by and <br /> between the City and Multi-Channel TV Cable Company d/b/a <br /> Adelphia Cable Communications ("Grantee"); and <br /> <br /> WHEREAS, in accordance with applicable provisions of the <br /> Cable Consumer Protection and Competition Act of 1992 <br /> (hereinafter the "Cable Act") and rules adopted by the Federal <br /> Communications Commission ("FCC"), the City has undertaken all <br /> appropriate procedural steps to regulate the basic cable <br /> service tier and related equipment; and <br /> <br /> WHEREAS, in accordance with applicable FCC'regulations, <br /> on October 8, 1993, the City filed FCC Form 328 -- <br /> Certification of Franchising Authority to Regulate Basic Cable <br /> Service Rates and Initial Finding of Lack of Effective <br /> Competition -- with the FCC; and <br /> <br /> WHEREAS, in accordance with appliCable FCC regulations, <br /> on October 18, 1993 the City passed and adopted a Rate <br /> Regulation Ordinance; and <br /> <br /> WHEREAS, on November 9th and 10th, 1993 the City sent to <br /> Grantee two (2) letters notifying Grantee that the City had <br /> been certified by the FCC via Form 328 and had adopted a Rate <br /> Regulation ordinance and further requested that Grantee <br /> complete and return to the City FCC Form 393 -- Determination <br /> of Maximum Initial Permitted Rates for Regulated Cable <br /> Programming Services and Equipment -- within thirty (30) days; <br /> and <br /> <br /> WHEREAS, on or about December 13, 1993 the City received <br />Grantee's completed FCC Form 393; and <br /> <br /> WHEREAS~ the Minneapolis law firm of Moss & Barnett, the <br />City's cable television advisors, were asked to provide <br />assistance to the City for review of Grantee's FCC Form 393; <br />and <br /> <br /> WHEREAS, Moss & Barnett issued a preliminary rate <br />regulation report dated December 17, 1993 identifying certain <br />issues requiring Grantee's response before final action could <br />be taken by the City;and <br /> <br /> WHEREAS, pursuant to applicable FCC regulations, on <br />January 3, 1994 the City passed and adopted a resolution <br />ordering a ninety (90) day extension to review Grantee's FCC <br />Form 393; and <br /> <br />WHEREAS, pursuant to FCC regulations, on January 5, 1994 <br /> <br /> <br />