Resolution 1994-80
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RESOLUTION NO. 94 - 80
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REGARDING AN ACCOUNTING ORDER TO
FALCON CABLE SYSTEMS
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, in the past 120 days Falcon Cable Systems submitted to the City
of Gilroy an FCC Form 1200, 1205 and 1215, titled as follows: Form 1200, Setting
Maximum Initial Permitted Rate for Regulated Cable Services; Form 1205, Determining
Regulated Equipment and Installation Costs (Equipment Form); Form 1215 A La Carte
Channel Offering, with a proposed schedule of rates for the basic service tier and
associated equipment, hereafter "Form 1200/1205/1215", and the City of Gilroy
ordered the tolling of the effective date of such rates; and
WHEREAS, because the rates in the Form 1200/1205/1215 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 Cable Systems to keep an accurate account of
all sums received by reason of such rates and on whose behalf 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 regulation.
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RESOLUTION NO. 94 - 80
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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 Cable Systems with its Form 1200/1205/1215 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
BE IT FURTHER RESOLVED, that pursuant to the Act, and the FCC Rules and
the Ordinance the City of Gilroy hereby directs and orders to keep an accurate
account of all amounts received by reason of the rates proposed with the Form
1200/1205/1215 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 Cable Systems.
PASSED AND ADOPTED this 28th day of November, 1994, by the following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON,
VALDEZ and GAGE.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST, ~tz. ~ _
;i?L City Clerk ~
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imSOLUTION NO. 94 - 80
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 94-80 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 28th day of November
, 19-2L,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 30th day of
November
,1994.
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City Clerk of the City
(Seal)