HomeMy WebLinkAboutCC RESO 94-38RESOLUTION NO. 94-38
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING THE ISSUANCE OF AN ACCOUNTING ORDER
TO COX CABLE SAN DIEGO, INC.
WHEREAS, the City of National City is certified to regulate basic cable
service rates pursuant to the 1992 Cable Act ("the Act") and FCC Rules; and
WHEREAS, the City of National City adopted Resolution No. 93-174
prescribing procedures for rate regulation consistent with the Act and FCC Rules, and is
regulating basic cable rates, and
WHEREAS, within the past 120 days Cox Cable San Diego, Inc. submitted
to the City of National City a FCC Form 393, titled Determination of Maximum Initial
Permitted Rate for Regulated Cable Programming Services and Equipment, with a
proposed schedule of rates for the basic service tier and associated equipment, hereafter
"Form 393," and the City of National City ordered the 90 day extension of the effective
date of such rates; and
WHEREAS, because the rates in the Form 393 generally become effective
120 days from their submission unless the City of National City has taken action on them
and, it is now apparent that the City of National City may not take such action within
such time period, therefore to protect the interests of its residents the City of National
City wishes to direct Cox Cable San Diego, Inc. to keep an accurate account of all sums
received by reason of such rates and on whose behalf such amounts were paid, such that
if and to the extent the City of National City later issues a written decision disapproving
any portion of such rates that appropriate refunds may be ordered for subscribers in the
City of National City, as well as prospective reductions; and
WHEREAS, the City of National City possesses the powers conferred by
the Act and FCC Rules, and described in Resolution No. 93-174 and may adopt
additional rules applicable to basic cable service rate regulation proceedings consistent
with the Act and FCC Rules and take any action not prohibited by the Act and FCC
Rules to protect the public interest in connection with basic cable service rate regulation.
Continued on Page Two
Resolution No. 94-38
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of National City that, pursuant to the Act, the FCC Rules and Resolution No. 93-174, the
City of National City hereby orders that the proposed schedule of rates submitted by Cox
Cable San Diego, Inc. with its Form 393 shall be allowed to become effective, 120 days
from their submission to the City of National City, subject to refunds to the earliest date
from which the refund period may run pursuant to the FCC Rules, and to prospective
reduction if and to the extent the City of National City later issues a written decision
disapproving any portion of such rates.
BE IT FURTHER RESOLVED, that pursuant to the Act, the FCC Rules
and Resolution No. 93-174, the City of National City hereby directs and orders Cox
Cable San Diego, Inc. to keep accurate account of all amounts received by reason of the
rates proposed with the Form 393 and on whose behalf such amounts were paid.
BE IT FURTHER RESOLVED, that the City Clerk of the City of National
City is hereby directed to mail a copy of this resolution by first class mail to Cox Cable
San Diego, Inc.
PASSED and ADOPTED this 5th day of April, 1994.
ATTEST:
LORI ANNE PEOPLES
Lori Anne Peoples. City Clerk
EPUTY
inda Kaye Har
Assistant City Attorney
George Hy. Waters, Mayor