1l. Rate Regulation Resolution, Technical Amendment, Cable TV1
CITY OF /Y
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' MEMORANDUM
TO: Mayor and City Council
' FROM: Don Ashworth, City Manager
' DATE: November 9, 1994
SUBJ: Rate Regulation Resolution, Technical Amendment, Cable TV
Since passage of the original rate regulation resolution on September 12, 1994, the FCC has
' changed the method by which the "implementation date" is determined. Attached please find
a copy of the adopted resolution which will be modified on page 2 to show November 1,
1993 as the effective date for rate regulation. This is the only change to the resolution.
t Approval is recommended.
1
u
' BRIAN T. GROGAN
( 612 ) 347 -0340
r
1
' BTGIslo
85ZBTG
Enclosure
Mr. Don Ashworth, City Manager
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Minnesota 55317
October 27, 1994
Re: City of Chanhassen, Minnesota Rate Regulation
Our File No. 27981.2
Dear Don:
Pursuant to our last telephone conversation enclosed herewith please find
a letter I recently received from Jane Bremer regarding the implementation
date for the refund due Chanhassen subscribers. As you and I discussed, there
is some confusion regarding the timing for a cable operator's implementation
of a refund order. In my discussions with FCC officials they have indicated
uncertainty regarding the appropriate timing for implementation.
My recollection of our telephone conversation was that the City would
likely accept Triax's implementation date of November 1, 1994 which would
result in refunds extending back to November 1, 1993. In order to clarify the
rate order it will be necessary for the City to amend the dates in the order
to clarify this change. I believe this could likely be done on the consent
agenda since it is a rather minor modification.
Should you have any questions regarding this issue please do not hesitate
to contact me.
Very truly yours,
LAW OFFICES
MOSS & BARNETT
A PROFESSIONAL ASSOCIATION
4800 NORWEST CENTER
90 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA 55402 -4129
TELEPHONE (612) 347 -0300 TELECOPIER (612) 339 -6686
MOSS & BARNETT
A Professional Association
Brian T. Grogan
'
CITY OF CHANHASSEN, MINNESOTA
RESOLUTION NO. 94 -99
Franchising Authority to Regulate Basic Cable Service Rates and
REGARDING REGULATION OF RATES CHARGED FOR
'
BASIC CABLE SERVICE AND RELATED EQUIPMENT
WHEREAS, on or about May 7, 1984, the City of Chanhassen,
'
Minnesota ( "City ") granted a Cable Television Franchise
Ordinance ( "Ordinance ") to Triax Midwest Associates, L.P.
'
( "Franchisee "); and
WHEREAS, in accordance with applicable provisions of the
Cable Consumer Protection and Competition Act of • 1992
'
(hereinafter the "Cable Act ") and rules adopted by the Federal
Communications Commission ( "FCC "), the City has undertaken all
appropriate procedural steps to regulate the rates charged by
'
Franchisee for the basic cable service tier and related
equipment, and
'
WHEREAS, in accordance with applicable FCC regulations, on
May 11, 1994, the City filed FCC Form 328 -- Certification of
Franchising Authority to Regulate Basic Cable Service Rates and
Initial Finding of Lack of Effective Competition -- with the
'
FCC; and ,
WHEREAS, in accordance with applicable FCC regulations, on
'
July 11, 1994 the City passed and adopted Ordinance No. 213
governing the procedures and standards for the regulation of
rates; and
WHEREAS, on July 21, 1994 the City sent to Franchisee a
letter notifying Franchisee that the City had been certified by
'
the FCC via Form 328 and had adopted rate regulations
consistent with FCC regulations and further requested that
Franchisee complete and return to the City applicable FCC rate
regulation forms for the purpose of establishing maximum
permitted rates; and
WHEREAS, on or about August 20, 1994 the City received
Franchisee's completed FCC Forms 1200, 1205, 1215 and 393; and
WHEREAS, the City asked the Minneapolis law firm of Moss &
Barnett to provide assistance to the City for review of
'
Franchisee's FCC rate regulation forms; and
WHEREAS, the City, in order to accomplish its review in a
' timely manner, scheduled for September 12, 1994 sufficient time
for the purpose of reviewing Franchisee's FCC rate regulation
forms and related rate regulation information; and
7
WHEREAS, the City conducted a meeting open to the public
on September 12, 1994 to ensure that all interested parties had
ample opportunity to present information to the City; and
WHEREAS, based upon the City's September 12, 1994 meeting
and all information and advice from Moss & Barnett and City
Staff, the City determined to make the below listed Orders for
Action.
NOw, THEREFORE, in a regular meeting of the City of
Chanhassen, Minnesota dated September 12, 1994, the following
is resolved:
ORDERS FOR ACTION
1. The City hereby adopts and makes a part of this
Resolution all documents referenced above.
2. Pursuant to FCC regulations and Franchisee's FCC Form
393, for the time period September 12, 1993 to
May 14, 1994, Franchisee shall be permitted to charge
not more than the following rates (exclusive of any
franchise fees):
Basic service tier - $10.19
Installation of unwired homes - $29.89
Installation of prewired homes - $14.94
Installation of additional connection at time of
initial installation - $9.96
Installation of additional connection requiring
separate installation - $19.93
Charge for changing tiers - $4.98
Converter box type 1 - $0.61
Converter box type 2 - $0.33
Additional outlet - $0.08
Hourly service charge - $19.93
3. Franchisee shall immediately undertake any and all
necessary steps, in accordance with applicable FCC
regulations, to refund to all Chanhassen subscribers
J,,* any and all applicable overcharges based on the
maximum permitted rates specified in paragraph no. 2
above and the rates actually charged to Chanhassen
subscribers, together with any franchise fees
C �u►'S �� q 3 assessed thereon, plus interest, computed at the
applicable published rates for Internal Revenue
/ NaJ. - ' Service tax refunds and additional tax payments, from
September 12, 1993 to May 14, 1994.
4. Pursuant to FCC regulations, for the time period
beginning May 15, 1994 going forward, the City hereby
determines that the rates identified by Franchisee in
-2-
'
Franchisee's August 20, 1994 filing of FCC Forms
1200, 1205 and 1215 are reasonable and are in
compliance with applicable federal law and FCC
regulations and therefore Franchisee shall be
'
permitted to charge not more than the following rates
(exclusive of any franchise fees):
Basic service tier - $9.98
'
Installation of unwired homes - $29.31
Installation of prewired homes - $14.66
Installation of additional connection at time of
'
initial installation - $9.77
Installation of additional connection requiring
separate installation - $24.43
Charge for changing tiers - $9.77
'
Converter box type 1 - $0.84
Converter box type 2 - $0.45
'
Converter box type 3 - $1.53
Additional outlet - $0.11
Hourly service charge - $19.54
'
5. Franchisee shall immediately undertake any and all
necessary steps, in accordance with applicable FCC
regulations, to refund to all Chanhassen subscribers
any and all applicable overcharges based on the
maximum permitted rates specified in paragraph no. 4
above and the rates actually charged to Chanhassen
subscribers, together with any franchise fees
assessed thereon, plus interest, computed at the
applicable published rates for Internal Revenue
Service tax refunds and additional tax payments,
'
beginning May 15, 1994 going forward.
'
This resolution is passed and adopted by the City of
Chanhassen, Minnesota this 12th day of September, 1994.
CITY CHANHASSEN, MINNES TA
By:
Its • Mayor
t
Attest: ti L�L�
ity Cler 6ager
' BTG /slo
984Z140
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