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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 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 WHEREAS, the City retained the services of Moss & Barnett, A Professional Association, to assist in reviewing Adelphia's FCC Form 1215; 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 on Reconsideration, Fourth