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Res 95-216 RESOLUTION NO. 95-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING CABLE TELEVISION RATES AND CHARGES. WHEREAS, the City of Federal Way is certified by the Federal Communications Commission to regulate and approve various basic cable television rates and charges; and WHEREAS, the City of Federal Way's authority to regulate and approve basic cable television rates and charges is retroactive to September 1, 1993; and WHEREAS, TCI of Auburn, Inc. is a cable television operator franchised by the City of Federal Way to operate within the City of Federal Way; and WHEREAS, TCI of Auburn, Inc. has submitted for the City of Federal Way's review and approval its regulated rates in effect since September 1, 1993; and WHEREAS, the City of Federal Way has reviewed the submitted rates and held a public hearing on these rates in accordance with Federal Communications Commission regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Finding-s of Fact. The above recitals are found to be true and correct in all respects. Res. # 95-2tqoage # 1 COpy Section 2. Cable Rates. Pursuant to Federal Communications Commission Rules TCI of Auburn, Inc. had the following rates in effect exclusive of B&O taxes for City of Federal Way customers from July 15, 1994 to August 31, 1995. Actual Maximum Rates Permitted Difference Basic Tier Charge (per month) ~ 10.19 10.19 «*3G) 1!1QQl Average charge for installation type a. Unwired home installation 4G,59 32.11 32.11 ~ 1!1QQl b. Prewired home installation ~ 16.06 16.06 ~ <0.00> c. Additional connection installation at time of initial installation 6-!R 5.36 5.36 tb4-B <0.00> d. Additional connection installation requiring separate installation ~ 16.06 16.06 ~ <0.00) e. Other Installations Relocate Outlet ~ 1fi..Q2 16.06 ~ <0.00> Upgrade/Downgrade (non-addressable) ß53 10.70 10.70 ~ <0.00) Upgrade/Downgrade (addressable) 1.96 1.96 illJ!Ql Monthly charge for lease of remote controls Remote control type 1: Standard M9 0.07 0.07 ~ <0.00> Monthly charge for lease of converter boxes Converter box type 1: Standard ~ 0.40 0.40 «hWj <0.00> Converter box type 2: Addressable ~ ill!.2 0.85 ~ <0.00) Pursuant to Federal Communications Commission Rules, effective September 1, 1995, regulated cable television rates and charges exclusive of Business & Occupation taxes for City of Federal Way customers of TCI of Auburn, Inc. are as follows: Actual Maximum Rates Permitted Difference Basic Tier Charge (per month) 10.63 10.63 0.00 Average charge for installation type a. Unwired home installation 30.26 30.26 0.00 b. Prewired home installation 15.13 15.13 0.00 c. Additional connection installation at time of initial installation 5.05 5.05 0.00 d. Additional connection installation requiring separate installation 10.08 10.08 0.00 e. Other Installations Relocate Outlet 15.13 15.13 0.00 Upgrade/Downgrade (non-addressable) 10.08 10.08 0.00 Upgrade/Downgrade (addressable) 1.99 1.99 0.00 Res. 1195-219 Page # 2 Monthly charge for lease of remote controls Remote control type 1: Standard 0.08 0.08 0.00 Monthly charge for lease of converter boxes Converter box type 1: Standard 0.94 0.94 0.00 Converter box type 2: Addressable 1.69 1.69 0.00 Section 3. Refund. TCI of Auburn, Inc. shall refund to subscribers in the City of Federal Way that portion of previously paid rates in excess of the rates set forth above. Refunds must be made in accordance with 47CFR§76.42. The refund period shall run from the date TCI of Auburn, Inc. implements the rate reduction retroactively to September 1, 1993 or for one year. whichever is less. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effecti ve Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 20th day of _September___, 1995. Res. #95-2Ip Page # 3 CITY OF FEDERAL WAY ~ ~. >I:-¡;¿~ May r, E, Gates ATTEST: h,~~ City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO,___- 09-l2-95 09-20-95 95-216 Res, #95-219 Page # 4