94-99CItY OF CflANHASSEN~ ~INNESOTA
RESOLUTION NO. 94-99
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
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:
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ORDERS FOR ACTION
The City hereby adopts and makes a part of this
Resolution all documents referenced above.
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
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. 2
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, from
September 12, 1993 to May 14, 1994.
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
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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
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 t2th day of September, 1994.
CITY/O~ CHANHASSEN, MINNESQTA
I ts :~ Mayor// - -
Attest:
BTG/s lo
984Z140