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HomeMy WebLinkAboutR-1993-106 FCC / Rates / Tele-Communications, Inc. (TCI)RESOLUTION NO. R-93 -106 A RESOLUTION authorizing the Cable Communications Manager to file a written application for certification with the Federal Communications Commission. WHEREAS the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") provides that the rates of every cable system not subject to effective competition shall be subject to regulation by the Federal Communications Commission ("FCC") or by a franchising authority certified by the FFC to the extent authorized by the 1992 Cable Act, and WHEREAS the City of Yakima is a franchising authority within the meaning of the 1992 Cable Act and desires to become certified to regulate cable television rates not subject to effective competition, and WHEREAS the City of Yakima has entered into a franchise agreement with Tele-Communications, Inc., of Yakima Valley ("TCP") to provide cable television services within the city's boundaries, and WHEREAS the TCI cable system franchised by the City of Yakima is not subject to effective competition within the meaning of the 1992 Cable Act; Now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF YAKIMA.. 1. The Cable Communications Manager shall be authorized to file on behalf of the City of Yakima a written application for certification with the Federal Communications Commission that the City of Yakima: a. Will adopt and administer rate regulations which accord with FCC rules and regulations; b. Has the legal authority to adopt and the personnel to administer such rules and regulations; and c. Will ensure that all procedures in rate, regulation provide a reasonable opportunity for consideration of the views of interested parties. 2. That a copy of the written certification prepared by the staff of the Cable Communications Division shall be provided to the Council of the City of Yakima upon filing with the FCC. ADOPTED BY THE CITY COUNCIL this Attest: City Clerk Assista 19t1ay of October 1993. r�-� //11A-CAKI,x, Attachment A FCC form 328 "CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE IVE COMPE ii PION" Federal Communications Commission Washington. D. C. 20554 FCC 328 Approved by OMB 3060.0550 Expires 05/31/96 For FCC Use Only '=RTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION Name of Franchising Authority Mailing Address City State ZIP Code Telephone No. (include area code): Person to contact with respect to this form: 3. Will your franchising authority adopt (within 120 days of certification) and administer regulations with respect to basic cable service that are consistent with the regulations adopted by the FCC pursuant to 47 U.S.C. Section 543(b)? ❑ Yes No 4. With respect to the franchising authority's regulations referred to in Question 3, ElYesENo a. Does your franchising authority have the legal authority to adopt them? 2. a. Name (s) and address(es) of cable system(s) and associated FCC community b. Does your franchising authority have unit identifiers within your jurisdiction. (Attach additional sheets if necessary.) the personnel to administer them? Cable System's Name Mailing Address City State ZIP Code Cable System's FCC Community Unit Identifier: Cable System's Name Mailing Address City State ZIP Code Cable System's FCC Community Unit Identifier: 2. b. Name (s) of system(s) and associated community unit identifier(s) you claim are subject to regulation and with respect to which you are filing this certification. (Attach additional sheets if necessary.) Name of System Community Unit Identifier Name of System Community Unit Identifier 2. c. Have you served a copy of this form on all parties Yes El No listed in 2.b.1 5. Do the procedural laws and regulations applicable to rate regulation proceedings by your franchising authority provide a reasonable opportunity for consideration of the views of interested parties? 6. The Commission presumes that the cable system(s) listed in 2.b. is (are) not subject to effective competition. Based on the definition below, do you have reason to believe that this presumption is correct? (Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (1) served by at least two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent of the households in the franchise area; and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50 percent of the households in that franchise area.) Yes No Yes ElNo E1 Yes E No Signature Title Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (US. CODE TITLE 18, SECTION 1001). Return the original and one copy of this certification form (as indicated in Instructions), along with any attachments, to: Federal Communications Commission Attn: Cable Franchising Authority Certification P.O. Box 18539 Washington, D. C. 20036 FCC 328 Aueust 1993 Federal Communications Commission Washington, D.C. 20554 INSTRUCTIONS FOR FCC 328 (FRANCHISING AUTHORITY ,CERTIFICATION 1. The Cable Television Consumer Protection and Competition Act, enacted in October 1992, changes the manner in which cable television systems that are not subject to effective competition are regulated. In general, rates for the basic service tier (the tier required as a condition of access to all other video services and containing, among other services, local broadcast station signals and public, educational, and public access channels) and associated equipment will be subject to regulation by local or state govemments ("franchising authorities"). Rates for cable programming services and associated equipment (all services except basic and pay channels) will be subject to regulation by the FCC. Rates for pay channels (channels for which there is a specific per -channel or per -program charge) are not regulated. 2. Only cable systems that are not subject to effective competition may be regulated. Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent of the households in the franchise area; and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50 percent of the households in that franchise area. 3 In order to regulate basic service tier rates, a franchising authority must be eertifigel by the FCC. In order to be certified, a franchising authority must complete this form. An original and one copy of the completed form and all attachments must be returned to the FCC by registered mail, return receipt requested, to the FCC at the address on the form. 4 A copy of the forrn must be served on the cable operator by first-class mail on or before the date the form is sent or delivered to the FCC. 5. The franchising authority's certification will become effective 30 days after the date starnped on the oostal retum receiot unless otherwise notified by the Commission by that date. The franchising authority cannot begin to regulate rates, however, until it has actually adopted the required regulations (see below) all(i until it has notified the cable operator that it has been certified and that it has adopted the required regulations. 6. In order to be certified, franchising authorities must answer "yes" to Questions 3, 4, and 5, which are explained as follows: 7. Question 3: The franchising authority must adopt rate regulations consistent with the Commission's regulations for basic cable service. To fulfill this requirement for certification, the franchising authority may simply adopt a regulation indicating that it will follow the regulations established by the FCC. The franchising authority has 120 days to adopt these regulations after' the time it is certified. The franchising authority may not, however, begin to regulate cable rates until after it has adopted these regulations and until it has notified the cable operator that it has been certified and has adopted the required regulations. 8. Question 4(a): The franchising authority's legal authority" to regulate basic service must come from state law. Jn some states. only the 'itate government may regulate cable rates In those states, the state government should file this certification. Provisions in franchise agreements that prohibit rate regulation are yogi, and do not prevent a franchising authority from regulating the basic service tier and associated equipment. Approved by OMB 3060-0550 Expires 05/31/96 Question 4(b): The franchising authority must have a sufficient number of personnel to undertake rate regulation. A franchise authority unable to answer "yes" to questions 4(a) or 4(b) may wish to review the FCC's Report and Order in Deet 97-266, FCC 93-177 (released May 3, 1993) for further information on the establishment of alternative federal regulatory procedures. 9. Question 5: Franchising authorities must have procedural regulations allowing for public participation in rate regulation proceedings. If a franchising authority does not have these regulations already in place, it must adopt them within 120 days of certification and before it may undertake rate regulation. 10. Question 6: Most cable systems are ;ley subject to effective competition, as defined by the Cable Act. (The definition is included above and on the form.) The franchising authority may gigsu a that the cable system in its ;jurisdiction is not subject to effective competition. For purposes of applying the definition of effective competition (see Iters 2 above), "multichannel video programming distributors" include a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, a television receive -only satellite program distributor, a video dialtone service, and a satellite master antenna television system. A multichannel video programming distributor's services will be deemed "offered" when they are both technically and actually available. Service is "technically available" when the multichannel distributor is physically able to deliver the service to a household wishing to subscribe, with only minimal additional investment by the distributor A service i s "actually available" if subscribers in the franchise area are reasonably aware through marketing efforts that the service is available. Subscribership of those multichannel video programming distributors offering service to at least 50 percent of the households in a franchise area will be aggregated to determine whether at least 15 percent of the households in the franchise area are served by competitors. A multichannel video programming distributor must offer at least 12 channels of programming, at least one channel of which is nonbroadcast, to be found to offer "comparable" video pro,;ramming. 11. This certification form must be signed by a government official with authority to act on behalf of the franchising authority. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The solicitation of personal information in this form is authorized by the Commtmiations Act of 1934, as amended. The Commission will use the information provided in this form to determine if the franchise authority should be authorized to regulate cable rates. In leaching that determination, or for law enforcement purposes, it may become necessary to refer personal information contained in this form to another government agency. All information provided in this form will be available for public inspection. Your response is required to obtain 'he requested authority. Public reporting burden for this collection of information is estimated to average 30 minutes, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the ccilectton of infornaxion. Send comments regarding this burden estimate or any other aspect of this collection of information, incl udingsuggestions for reducing the burden, to the Federal Communications Commission, Records Management Division, AMD-PIRS, Washington, 0. C. 20554, and to the Office of Management and Budget, Paperwork Reduction Project (3060-0550), Washington, D. C. 20503. THE FOREGOING NOTICE 15 REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31, 1975, 5 U.S.C. 522a(0(3) AND THE PAPERWORK REDUCTION ACT OF 1980, P.L 96-511, DECEMBER 11, 1980, 44 U.S.C. 3507. Attachment B FCC form 329 "CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM" Federal Communications Commission Washington, D. C. 20554 FCC 329 CABLE PROGRAMMING SERVICE RATE COMPLAINT FORM (Carefully read instructions on reverse before filling out form) Complainant's Name Mailing Address City State ZIP Code Daytime Telephone No. (include area code): 2. Local Franchising Authority's Name Mailing Address City State ZIP Code 3. Cable Company's Name Mailing Address City State ZIP Code Cable Company's FCC Community Unit Identifier (f known): Indicat! whether this is the first time you have filed this complaint iith the FCC or whether you are filing a corrected complaint to cure a • defect in a prior complaint. CHECK ONE. First time complaint _ Corrected complaint 5. If you are filing a corrected complaint to cure a defect in a prior complaint, indicate the date the prior complaint was filed with the FCC and the date you received notification from the FCC that the prior complaint was defective. Date prior complaint filed: Date you received FCC notification that the prior complaint was defective: Month Date Year Month Date Year 6. Indicate whether you are challenging the reasonableness of: (1) a rate concerning cable programming service or associated equipment in effect on September 1, 1993; or (2) a rate increase. (See the Instructions for different fi ing deadlines depending on which type of complaint you are filing.) CHECK ONE. Rate in effect on September 1, 1993 Rate increase 7. If you are a subscriber challenging the reasonableness of a rate increase, indicate the date you first received a bill from the cable operator reflecting the rate increase about which you are complaining. Month Date Year 8. Indicate the current monthly rate or the cable programming service or associated equipment and, if you are challenging the reasonableness of a rate increase, the most recent rate in effect immediately prior to ,e rate increase. Current Monthly Rate: Previous Monthly Rate: $ Month Year Month Year Approved by OMB 3060-0549 Expires 05/31/96 For FCC Use Only 9. In the tables below, describe the cable programming service to which the complaint is addressed and, if applicable, how it has changed. If this space is insufficient, include any additional comments on a separate page attached to this form. List channels by name included in the service: List channels by name deleted from the service (if any): List channels by name added to the service (if anv): 10. If you are a subscriber, you must attach a copy of your current bill reflecting the rate or rate increase about which you are complaining. NOTE: Failure to attach a copy of your current bill reflecting the rate or rate increase may result in dismissal of your complaint. 1 have attached a copy of my current bill. Yes EiNo 11. Optional: If you are a subscriber challenging the reasonableness of a rate increase, attach a copy of a previous bill (if available) reflecting the rate immediately prior to the rate increase. 1 have attached a copy of my previous bill. _ _ _ _ ❑ Yes No 12. I certify that I am sending a copy of this complaint, including all attachments, to the cable company and the local franchising authority at the addresses listed above via first class mail, postage prepaid, at the same time I am sending a copy of this complaint to the FCC. NOTE: Failure to satisfy this requirement may result in dismissal of your complaint. The cable company will not be required to respond unless you send a copy of the complaint to the cable company by mail. 0 Yes ❑No Date sent: Month Date Year 13. 1 believe that the cable company s rate for the cable programming service or associated equipment descr'bed above is unreasonable because it violates the FCC's rate regulations. (CHECK BOX) 14. I certify that, to the best of my knowledge, the information supplied on this form is true and correct. Signature Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (US. CODE TITLE 18, SECTION 1001) (Note to complainant This complaint form will be maintained in the FCC's records under the cable company's community unit number. It will not be filed under your name.) FCC 329 August 1993 Federal Communications Commission Washington, D. C 20554 FCC 329 INSTRUCTIONS 1, This FCC form is to be used by subscribers, franchising authorities, and other relevant state or local government entities seeking to file a complaint with the FCC challenging the reasonableness of a cable company's rates for cable programming service or for installation or rental of equipment used to receive cable programming service. 2. The term "cable programming service" includes all video programming provided by a cable company except: (1) programming provided on the basic service tier; or (2) programming provided on a pay -per -channel or pay -per -program basis. See Question 9 3. The "basic service tier" is the tier that includes over -the -air television broadcast signals and public, educational and governmental access channels. Under federal law, in most instances, your local franchising authority rather than the FCC regulates rates for the basic service tier or associated equipment. Therefore, if you believe that your rate for the basic service tier or associated equipment is unreasonable, you should contact your local franchising authority to determine if it is authorized to regulate basic service tier rates. 4. Under federal law, video programming provided on a pay -per -channel or pay -per -program basis (for example, a premium movie channel such as HBO or a pay-per-view sports event) is not subject to rate regulation by either the FCC or your local franchising authority. 5 If you are concerned about your rates for cable programming service or associated equipment, then you may fill out this form and submit it to the FCC. The FCC will examine the reasonableness of your cable programming service rate according, to a specific formula. If the rate the cable company currently is charging you for the cable programming service is greater than the rate produced by the FCC's formula, the cable company's rate will be presumed unreasonable. In these circumstances, unless the cable company can provide cost information to justify the reasonableness of its rate, the FCC may order a refund and/or a prospective rate reduction for the cable programming service at issue. 6. Please note the following time limitations for filing a complaint: • If you are challenging the reasonableness of a rate increase for cable programming service or associated equipment, your complaint must be actually received by the FCC within 45 days from the date you receive a bill from your cable company reflecting the rate increase. (Note: a reduction in number of channels may constitute an effective rate increase even though the existing rate for the cable programming service remains unchanged.) • The only exception to the 45 day time limitation concerns cable programming service and associated equipment rates in effect when the FCC's rules become effective — that is, September 1, 1993. You may challenge the reasonableness of such rates, but you must file your complaint within 180 days from September 1, 1993 — that is, by February 28 , 1994 • After February 28, 1994, you may only file complaints about rate increases and you must follow the general 45 -day filing requirement described above. • Late -filed complaints will be dismissed with no opportunity to refile. 7 In addition to the cable company's name and mailing address, you should provide the cable company's "FCC Community Unit Identifier." (The FCC Community Unit Identifier is a number assigned to each cable system by the FCC for administrative purposes.) Also, you must provide the name and mailing address of the local franchising authority. (The local franchising authority is the local municipal, county or other govemment organization that regulates cable television in your community.) FCC rules require the cable company to furnish all this information to you on your monthly bill. If this information does not appear either on the front or back of your monthly bill, contact your cable company, your local franchising authority, or your local government to obtain the necessary information before filling out this form. 8. You must indicate whether you are challenging the reasonableness of: (1) a rate concerning cable programming service or associated equipment in effect on September 1, 1993; or (2) a rate increase. Except for a limited opportunity to challenge existing rates in effect on September 1, 1993, complaints may be filed only in the event of a rate increase. Appethed 01,43 3060.0549 bpi/es0513196 9. If you are a subscriber, you must attach a copy of your monthly cable bill reflecting the rate or rate increase about which you are complaining. If you are challenging the reasonableness of a rate concerning cable programming service or associated equipment in effect on September 1, 1993, the bill should reflect that rate. If you are challenging the reasonableness of a rate increase, the bill should reflect the increased rate. (It you are challenging the reasonableness of a rate increase and have a previous bill which reflects the rate immediately prior to the increase, please attach a copy of the previous bill •- note, however, that this is optional.) 10. You must check the box stating vour belief that the cable programming service rate is unreasonable. The FCC staff will apply the formula mentioned in paragraph 5 to determine whether the cable company's rate is presumed reasonable or not — you do not need to make this calculation. 11. You must fill in all information required by this form. 12. You may contact your local franchising authority for assistance in filling out this form. In addition, you may attach a staternent from your local franchising authority describing its views on the reasonableness of the cable programming service rate in question This s not a requirement. If you do attach such a statement, you should also frail a copy of it to the cable company. 13. You must sign and date this form 14 Copies must be mailed, including; all attachments, to the following: Original: Federal Communications Commission Attn: Cable Programming Service Rate Complaint, P.O. Box 18958 Washington, D.C. 20036; the cable company (at the address listed on your complaint); and the local franchising authority (at the address listed on your complaint). Please be sure to send all copies to the correct address. If you do not, we may not be able to process your complaint. 15. NOTE: If you do not mail a copy of this form, including all attachments, to the cable company at the same time you mail your complaint to the FCC, the cable company will not be required to respond and your complaint may be dismissed. 16. If your cornpiaint meets the requirements listed above, the FCC will require the cable company to respond to your complaint with,n thirty days and provide a justification for the reasonableness of your rate. The cable company must provide you with a copy of its response to the FCC. 17. The FCC staff will examine your complaint and the cable company's response and then rule on the reasonableness of the cable programming service rate. This ruling will be in writing, and you will receive a copy by mail. If the FCC staff determines that the rate in question is unreasonable, it may order refunds and/or prospective rate reductions. If it determines that the rate in question is reasonable, the FCC staff will deny the complaint. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The solicitation cif personal information in this form is authorized by the Communications Act of 1934, as amended. The Commission will use the information provided in this form to determine the reasonableness of a cable company's rates. In reaching that determination, or for law enforcement purposes, it may become necessary to refer personal information contaired in this form to another government agency All information provided in th s form will be available for public inspect ion. Your response is required to obtain the requested relief Public reporting burden for this collection of information is estimated to average 1 hour, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collect on of information. Send comments regarding this burden estimate or arty other aspect of this collection of information, including suggestions for reducing the burden, to the Federal Communications Commission, Records Management Division, AMO-PIRS, Washington, D. C. 20554, and to the Office of Management and Budget, Paperwork Reduction Project (3060-0549), Washington, D. C. 20503. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.1.93.579, DECEMBER 31, 1975, 5 U.S.C. 522axe)E) AND THE PAPERWORK REDUCTION ACT OF 1980, P.I_ 96-511, DECEMBER 11, 1980, 44 U.S.C. 3507.