Resolution 1994-36
""-" ..
.
.
....,A ... ... ,.~.
RESOLUTIOH HO. 94 - 36
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ISSUING AN ACCOUNTING ORDER RE:
FALCON CABLE RATE SETTING PROCESS.
WHEREAS, the City of Gilroy is certified to regulate basic cable rates
pursuant to the 1992 Cable Act ("the Act") and FCC rules; and
WHEREAS, within the past 120 days Falcon submitted to the City of Gilroy a
FCC Form 393, titled Determination of Maximum initial Permitted Rate for Regulated
Cable Programming Services and Equipment, with a proposed schedule of rates for the
basic service tier and associated equipment, hereafter "Form 393", and the City of
Gilroy ordered the tolling of the effective date of such rates; and
WHEREAS, because the rates in the Form 393 generally become effective 120
days from their submission unless the City of Gilroy has taken action on them and,
it is now apparent that the City of Gilroy may not take such action within such
time period, therefore to protect the interests of its residents the City of Gilroy
wishes to direct Falcon to keep an accurate account of all sums received by reason
of such rates and on whose behalf such amounts were paid, such that if and to the
extent the City of Gilroy later issues a written decision disapproving any portion
of such rates that appropriate refunds may be ordered for subscribers in the City
of Gilroy, as well as prospective reductions; and
WHEREAS, the City of Gilroy possesses the powers conferred by the Act and
FCC Rules, and described in its Ordinance and may adopt additional rules applicable
to basic cable service rate regulations proceedings consistent with the Act and FCC
Rules and take any action not prohibited by the Act and FCC Rules to protect the
public interest in connection with basic cable service rate regulations.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the Act, the FCC Rules
and the Ordinance, the City of Gilroy hereby orders that the proposed schedule of
rates submitted by Falcon with its Form 393 shall be allowed to become effective,
120 days from their submission to the City of Gilroy, subject to refund and
prospective reduction if and to the extent the City of Gilroy later issues a
written decision disapproving any portion of such rates; and
-1-
RESOLUTION NO. 94 - 36
.
.
~:J
BE IT FURTHER RESOLVED, that pursuant to the Act, and the FCC Rules and
the Ordinance, the City of Gilroy hereby directs and orders Falcon to keep an
accurate account of all amounts received by reason of the rates proposed with the
Form 393 and on whose behalf such amounts were paid; and
BE IT FURTHER RESOLVED, that the Clerk or other appropriate City of Gilroy
employee or official is hereby directed to mail a copy of this resolution by first
class mail to Falcon.
PASSED AND ADOPTED this 25th day of April, 1994, by the following vote:
AYES:
NOES:
COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE.
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
MP~~.~
ATTEST:
-2-
RESOLUTION NO. 94 - 36
. '.
.
.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-36
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 25th
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
day of
April
, 19~,
Official Seal of the City of Gilroy this 26th day of
April
,1994.
(Seal)