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95-065 RESOLUTION NO. 95R-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PURSUANT TO SECTION 76.936 OF THE RULES AND REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION APPROVING EXISTING AND/OR PROPOSED RATES AND CHARGES FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT. WHEREAS, the City of Anaheim (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 Multivision Cable TV (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 Operator delivered FCC Forms 1200, 1205, 1210, and 1215, all dated July 1, 1994, (collectively, the "FCC Forms 1200") to the City; and WHEREAS the Operator delivered FCC Forms 1210 dated, respectively, September 30, 1994 and October 1, 1994 (collectively, the "FCC Forms 1210") to the city; and WHEREAS, the City timely 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 upon the materials submitted by the Operator that the existing or proposed rates were within the Commission's permitted Basic Service Tier charge or actual cost of equipment and that the City was tolling the thirty-day deadline found in Section 76.933(a) of the Commission's Rules and Regulations for the purpose of requesting and/or considering additional information or to consider the comments from interested parties for an additional ninety days; and WHEREAS, the city has reviewed all relevant information including, but not limited to, FCC Forms 1200 and FCC Forms 1210, the reports of Communications Support Group, Inc., 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 and Government Code Section 6066; and WHEREAS, the City has provided a reasonable opportunity for the consideration of the views of interested parties; and WHEREAS, the City has considered the views of interested parties as expressed at this public hearing, as continued from time to time; and WHEREAS, the City has now made a final decision upon the appropriateness, or lack thereof, of the existing and/or proposed rates and charges for the Basic Service Tier and associated equipment as identified on the FCC Forms 1200 dated July 1, 1994 and FCC Forms 1210 dated, respectively, September 30, 1994 and October 1, 1994. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Those certain rates and charges for Basic Service Tier and Associated Equipment as identified in the FCC Forms 1200 submitted by the Operator on July 1, 1994 are hereby approved. Section 2: Those certain rates and charges for Basic Service Tier and Associated Equipment as identified in the FCC Forms 1210 submitted by the Operator, respectively, on September 30, 1994 and October 1, 1994 are hereby approved. Section 3: This resolution constitutes a written decision approving an initial rate within the meaning of Section 76.936 of the Rules and Regulations of the Commission. Section 4: 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. -2- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of May , 1995. ~Y'O~ITY O F~~IM/~ ATTEST: ~ 11778.1\EEGAN\Apri[ 27, 1995 --3-- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-65 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of May, 1995, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 95R-65 on the 2nd day of May, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 2od day of May, 1995. ASSISTANT CITY CLERK O~/I'HE CITY OF ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-65 duly passed and adopted by the City Council of the City of Anaheim on May 2, 1995. '' ANAHEIM ASSISTANT CITY CLERK~F