95-018 RESOLUTION NO. 95R-18
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 has filed with the City an FCC
Form 393 on November 29, 1993; 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, the FCC Form 393 dated November
29, 1993, the Report of Communications Support Group ("CSG"), 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 Form 393 dated
November 29, 1993.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1:
The existing and proposed rates and charges for the
Basic Service Tier and associated equipment as identified in the
FCC Form 393 dated November 29, 1993 are hereby approved.
Section 2:
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 3:
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 24th day of January
1995.
MAYOR OF THE CITY OF ~AHEIM
ATT~ /
CITY CLERK OF THE CITY OF ANAHEIM
10402.1\JWHITE\January 18, 1995
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. 95R-18 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
hetd on the 24th day of January, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
COUNCIL VACANCY: COUNCILMEMBER: One
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-18 on the
24th day of January, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 24th day of January, 1995.
CITY CLERK OF THE CiTY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, C;ty Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-18 was duly passed and adopted by the City Council of the City of Anaheim on
January 24, 1995.
CITY CLERK OF THE CITY OF ANAHEIM