Resolution Number 94-10-4-2222
RESOLUTION • 94-10-4-2
SERVICEDISAPPROVING CERTAIN RATES AND CHARGES FOR CABLE TELEVISION
BASIC AND ORDERING REEL1ND - DIMENSION CABLE SERVICES
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, PURSUANT TO SECTIONS 76.936, 76.941
AND 76.942 OF THE RULES AND REGULATIONS OF THE FEDERAL
COMMUNICATIONS COMMISSION DISAPPROVING RATES AND CHARGES
FOR THE BASIC SERVICE TIER IN EFFECT FROM SEPTEMBER 1, 1993, TO
JULY 14, 1994 AND ORDERING REFUNDS (DIMENSION CABLE SERVICES)
WHEREAS, the City of San Juan Capistrano (the "City") has been certified by the Federal
Communications Commission (the "Commission") to regulate the Basic Service Tier, and associated equipment;
and,
WHEREAS, the City has provided written notice of said certification to Dimension Cable
Services (the "Operator"); and,
WHEREAS, the City has adopted regulations with respect to the Basic Service Tier and
associated equipment that are consistent with the regulations prescribed by the Commission; and,
WHEREAS, the City has adopted procedural laws and regulations applicable to rate regulation
' proceedings which provide a reasonable opportunity for consideration of the views of interested parties; and,
WHEREAS, the City has delivered a written request to the Operator to file its schedule of rates
for the Basic Service Tier and associated equipment with the City; and,
WHEREAS, the Operator has filed with the City a Federal Communications Commission Form
393; and,
WHEREAS, the City has timely issued an accounting order pursuant to Section 76.933(c) of
the Rules and Regulations of the Commission requiring the Operator to keep an accurate account of all amounts
received by the Operator by reason of the rates and charges for the Basic Service Tier and associated equipment
in effect from September 1, 1993, to July 14, 1994, as found in the Federal Communications Commission Form
393 and to keep full and accurate records indicating on whose behalf such amounts were paid; and,
WHEREAS, the City has reviewed all relevant information including, but not limited to, the
Federal Communications Commission Form 393, the Report of the City's cable television consultant, Public
Knowledge, the Staff Report and other relevant written evidence; and,
WHEREAS, the City has given proper notice of this hearing pursuant to Section 76.935 of the
Rules and Regulations of the Federal Communications Commission, Section 11 of City Council Resolution No.
92-9-21-3, and Government Code Section 6066; and,
WHEREAS, the City has provided a reasonable opportunity for the consideration of the views
1 of interested parties; and,
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WHEREAS, the City has considered the view of interested parties as expressed at this public
hearing, as continued from time to time; and,
WHEREAS, the Operator has been provided with copies of the Staff Report and the Public
Knowledge Report, which contain a proposed refund plan, and is now given the opportunity to comment
thereupon; and,
WHEREAS, the City has now made a final decision upon the appropriateness, or lack thereof,
of the rates and charges for the Basic Service Tier and associated equipment in effect from September 1, 1993,
to July 14, 1994, as identified on the Federal Communications Commission Form 393.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan
Capistrano as follows:
SECTION 1.
The rates and charges for the Basic Service Tier and associated equipment in effect from
September 1, 1993, to July 14, 1994, as identified in the Federal Communications Commission Form 393 are
hereby disapproved in part for the reasons and on the grounds as contained in the Public Knowledge Report, all
of which are incorporated into this Resolution by reference as if fully stated herein.
SECTION 2.
The Operator is hereby ordered to immediately reduce and modify the rates and charges for the
Basic Service Tier in effect from October 4, 1993, to July 14, 1994, in the manner, and pursuant to the terms,
as set forth in Exhibit "A" to this resolution upon the Effective Date hereof.
SECTION 3
The City Council of the City of San Juan Capistrano hereby finds and determines that the rates
and charges for the Basic Service Tier in effect from September 1, 1993, to July 14, 1994, as identified on the
Federal Communications Commission Form 393 were unreasonable within the meaning of Section 76.941 in that
said rates and charges do not comply with 47 U.S.C. Section 453 and Sections 76.922 and 76.923 of the Rules
and Regulations of the Commission for the reasons and on the grounds as previously set forth herein, and the
Operator is hereby ordered and directed to immediately implement the rates and charges as specified upon Exhibit
"A" to this resolution.
SECTION 4.
The Operator is hereby directed and ordered to provide refunds to subscribers for any accounts
collected since October 4, 1993, to July 14, 1994, in excess of the rates prescribed herein in a manner consistent
with Section 76.942(d) of the Rules and Regulations of the Commission within thirty (30) days of the date of this
resolution and to provide the City with written evidence of compliance within sixty (60) days of adoption of this
resolution.
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SECTION 5.
Should the Operator appeal this rate determination of the City Council of the City of San Juan
Capistrano to the Federal Communications Commission pursuant to Section 76.944 of the Rules and Regulations
of the Commission, the City Council does grant an automatic stay of the execution of the refund ordered
hereunder. Such stay does not constitute a change in the effective date or implementation date of this resolution.
Nor does such stay, in any way, constitute an endorsement of the rates and charges in effect from September 1,
1993, to July 14, 1994.
SECTION 6.
The City Clerk is hereby directed to post a copy of this resolution in such place or places as City
notices are normally posted and to make copies of this written decision available to the public at the office of the
City Clerk during normal business hours.
SECTION 7.
This Resolution shall become effective, and be considered implemented, as of its date of
adoption (the "Effective Date").
PASSED, APPROVED, AND ADOPTED this 4th day of
October 1 1994.
ATTEST:
CITY CLERK
OLLENE BE ,MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO
HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 94-10-4-2
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on
the 4th dayof October 1994, by the following vote:
AYES: Council Members Jone, Hausdorfer, Nash and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Vasquez
(SEAL) �y
CHERYL JOHNS , CIVYCLERK
ME
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(1) All ram exclude fianchise fees.
IEXHIBIT A
8129194 Report
Public Knowledge, Inc.
RECOMMENDED MAXIMUM PERMITTED RATES
COMPARED TO ACTUAL RATES (1)
Actual
Recommended
Reduction
Rate
Monthly basic service - Dana
$14.64
$13.92
$0.72
Point, Laguna Niguel, Lake
Forest, Mission Viejo, and San
Clememe
Monthly basic service - Laguna
$14,64
$13.55
$1.09
(fills
Monthly basic service - San Juan
$14.64
$13.54
$1,10
Capistrano
'
Monthly additional outlet charge
52.64
$0.00
52.64
Monthly converter rental
$1.90
51.97
—
Monthly remote rental
$0.16
50.16
—
Installation of unwired home
$34.34
$20.60
$13.74
Installation of prewired homes
$14.72
$10.82
$3.90
Installation of add. outlet at initial
install
$9.81
$7.21
$2.60
Installation of add. outlet after
513.08
$9.67
53.41
Initial install
(1) All ram exclude fianchise fees.
IEXHIBIT A