94-100 RESOLUTION NO. 94R-100
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DIRECTING THE
CABLE TELEVISION OPERATOR TO KEEP
AN ACCURATE ACCOUNT OF ALL AMOUNTS
RECEIVED BY REASON OF THE RATES IN
ISSUE AND ON WHOSE BEHALF SUCH
AMOUNTS WERE PAID
WHEREAS, the City of Anaheim has been certified by the
Federal Communications Commission (the"Commission") to regulate
the Basic Service Tier of Cable Television Service, and
associated equipment; 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 procedures and
regulations applicable to rate regulation proceedings which
provide a reasonable opportunity for consideration of the views
of interested parties; and
WHEREAS, the Cable Television Operator (the "Operator")
has filed with the City an FCC Form 393 dated November 29, 1993;
and
WHEREAS, on December 21, 1993 the City issued an order
pursuant to Section 76.933(b) of the Rules and Regulations of the
Federal Communications Commission stating that it was unable to
determine, based on the materials submitted by the Operator, that
the existing rates were within the Commission's permitted Basic
Service Tier charge or actual cost of equipment and that the City
would toll the thirty-day deadline set forth in Section 76.933(a)
of the Commission's Rules and Regulations for the purpose of
considering additional information and to receive and consider
the comments of interested persons for an additional ninety days;
and
WHEREAS, the City Council has not made a final decision
approving, disapproving or conditionally approving, or otherwise,
the Operator's proposed rates and charges as set forth in the FCC
Form 393 dated November 29, 1993; and
WHEREAS, the City Council intends to reserve the right
to order future refunds and/or credits if the City Council
subsequently issues a written decision disapproving any portion
of such proposed rates and charges for the Basic Service Tier and
associated equipment pursuant to Section 76.933(c) of the Rules
and Regulations of the Commission;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim as follows:
1. The Operator is hereby directed, pursuant to
Section 76.933(c) of the Rules and Regulations of the Commission,
to keep an accurate account of all amounts received by reason of
the proposed rates and charges for the Basic Service Tier and
associated equipment as set forth in the Operator's FCC Form 393
dated November 29, 1993 and, further, to keep complete and
accurate records showing on whose behalf such amounts were paid.
2. The Operator is hereby directed to provide copies
of any and all accounts and records specified above to the City
Manager upon his written request.
3. The City hereby reserves any and all rights and
remedies it may have in relation to rates and charges for the
Basic Service Tier and associated equipment which the City
Council may find to be in excess of the amounts authorized by the
Rules and Regulations of the Commission.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of June ,
1994.
MAYO/O~F THE CI~EIM
ATTEST:/~--~
CITY CLERK OF THE CITY OF ANAHEIM
7239.1\EEGAN\June 1, 1994
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-100 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 14th day of June, 1994 by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Gimpson, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Feldhaus, Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-100
on the 15th day of June, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 15th day of June, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-100 was duly passed and adopted by the City Council of the City of
Anaheim on June 14, 1994.
CITY CLERK OF THE CITY OF ANAHEIM