Res 95-217
RESOLUTION NO. 95-217
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, Viacom Cable is a cable television operator franchised by
the City of Federal Way to operate within the City of Federal Way; and
WHEREAS, Viacom Cable 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;
WHEREAS, the City of Federal Way has found that some of the
existing regulated cable rates and charges to be higher than those permitted by
Federal Communications Commission regulations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
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Section 1.
Findings of Fact. The above recitals are found to be true and
correct in all respects.
Section 2.
Cable Rates.
Pursuant to Federal Communications
Commission Rules, Form 1200, effective July 14, 1994, regulated cable
television rates and charges exclusive of Business & Occupation taxes for City
of Federal Way customers of Viacom Cable are as follows:
Actual Maximum
Rates Permitted Difference
Basic Tier Charge (per month) 10.69 10.30 (0.39)
Hourly Service Charge 28.85 26.54 (2.30)
Average charge for installation type
a. Unwired home installation 36.26 35.76" (0.50)
b. Prewired home installation 16.38 16.16 (1.15)
c. Additional connection installation
at time of initial installation 19.03 18.77 (0.22)
d. Additional connection installation
requiring separate installation 26.14 25.78 (0.36)
e. Other Installations
Monthly charge for lease of remote controls
Remote control type 1: Standard 0.16 0.16 (0.00)
Monthly charge for lease of converter boxes
Converter box type 1: Standard 0.87 0.91 0.04
Converter box type 2: Addressable 2.00 2.04 0.04
Additionally pursuant to Federal Communications Commission
Rules, Form 1200, effective December 28, 1994, regulated cable television rates
and charges exclusive of Business & Occupation taxes for City of Federal Way
customers of Viacom Cable are as follows:
Basic Tier Charge (per month)
Hourly Service Charge
Average charge for installation type
a. Unwired home installation
b. Prewired home installation
Actual Maximum
Rates Permitted Difference
10.69 10.69 (0.00)
28.85 26.54 (2.30)
36.26 35.76 (0.50)
16.38 16.16 (1.15)
Res. #<£-?J.:l'age.# 2
c. Additional connection installation
at time of initial installation 19.03 18.77 (0.22)
d. Additional connection installation
requiring separate installation 26.14 25.78 (0.36)
e. Other Installations
Monthly charge for lease of remote controls
Remote control type 1: Standard 0.24 0.24 (0.00)
Monthly charge for lease of converter boxes
Converter box type 1: Standard 0.87 0.91 0.04
Converter box type 2: Addressable 3.23 3.23 (0.00)
Section 3.
Rate Charge.
Viacom Cable is directed to change its
regulated rates and charges for all City of Federal Way customers to those
listed in Section 2 within sixty (60) days of the date of this resolution.
Section 4.
Refund. Viacom Cable 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 Via com Cable implements the rate
reduction back in time to September 1, 1993 or for one year, whichever is less.
Section 5.
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 6.
Ratification. Any act consistent with the authority and prior
to the effective date of the resolution is hereby ratified and affirmed.
Res. #95-?H?age # 3
Section 7.
Effective
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 ~ day of ~ --, 1995.
CITY OF FEDERAL WAY
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May r, ry E. Gates
\A :TEST:
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City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
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~/'eíf tt ,on 1 K. Lindell
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO._~21~
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Res. ~Page.# 4