HomeMy WebLinkAboutRES 4002CITY OF RENTON,WASHINGTON
RESOLUTION NO.4002
A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,
REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING
SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS
COMMISSION FORM 1240 FILED BY COMCAST CABLE
COMMUNICATIONS LLC ON OR ABOUT APRIL 1,2008.
WHEREAS,Section 623 of the Cable Communications Policy Act of 1984,47 U.S.C.§
543,as amended,authorizes local franchising authorities,such as the City of Renton,
Washington (hereinafter the "City"),to regulate rates for basic cable service;and
WHEREAS,the City is certified as a rate regulation authority pursuant to the rules of the
Federal Communications Commission (hereinafter "FCC");and
WHEREAS,Comcast Cable Communications LLC (hereinafter "Comcast"),the local
franchise holder,filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates
for Regulated Cable Services",on or about April 1,2008,purporting to set forth and justify the
maximum rate it could charge to subscribers for basic cable service (hereinafter the "2008 FCC
Form 1240");and
WHEREAS,the rate set forth herein will govern Comcast's basic service rate until
Comcast lawfully implements a further rate change pursuant to applicable FCC regulations;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON,DOES RESOLVE AS FOLLOWS:
SECTION I.
SECTION II.
The above recitals are found to be true and correct in all respects.
Comcast's maximum permitted rate for basic cable service,as
calculated in the 2008 FCC Form 1240,is neither approved nor denied,but may:(i)function as a
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RESOLUTION NO.4002
basic service rate ceiling during the relevant rate period;and (ii)be utilized in future basic
service rate filings,to the extent permitted and consistent with FCC rules and decisions.
SECTION III.Comcast shall not charge any rate higher than the applicable
maximum permitted rate set forth in the 2008 FCC Form 1240,nor increase that rate,unless such
rate is first filed with and approved by the City,in accordance with applicable law and
regulations,including but not limited to the notice requirements imposed by 47 C.F.R.§
76.1603,or as otherwise expressly permitted under applicable law and regulations.
SECTION IV.Comcast may charge rates less than the lawful maximum permitted
rates for basic service,as long as such rates are applied in a uniform and nondiscriminatory way,
pursuant to applicable federal,state and local laws and regulations.The City,however,shall not
be deemed to have approved such rates.
SECTIONV.This Resolution is based on the representations made by Comcast
III its 2008 FCC Form 1240.Should information come to the City's attention that these
representations were inaccurate in any material way;the City reserves the right to take
appropriate action.This Resolution is not to be construed as a finding that the City has accepted
as correct any specific entry,explanation,calculation or rate in the 2008 FCC Form 1240.
SECTION VI.The City reserves all of its rights with respect to rate regulation,
including (but not limited to):(i)the right to request and review data and documents concerning
the 2008 FCC From 1240 in order to determine the impact,if any,such data and documents have
on rates proposed in future basic service rate filings;(ii)the right to address issues raised in the
2008 FCC Form 1240 that are relevant to any City review of subsequent basic service rate
filings;and (iii)the right to request additional information concerning the 2008 FCC Form 1240
that is relevant to any City review of subsequent basic service rate filings.
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SECTION VII.
C.F.R.§76.936(a).
SECTION VIII.
by the City.
SECTION VIX.
RESOLUTION NO.4002
This Resolution constitutes a written decision for purposes of 47
This Resolution shall be effective immediately upon its approval
This Resolution shall be released to the public and to Comcast,and
a public notice shall be published stating that this Resolution has been issued and is available for
review,pursuant to 47 C.F.R.§76.936(b).
PASSED BYTHE CITY COUNCIL this 16th day of March ,2009.-------
~"LJa.ftryu
Bonnie I.Walton,City Clerk
APPROVED BY THE MAYOR this 16th day of Ma_r_c_h ,2009.
~ilvDeni.Law,Mayor
RES:1401 :2119/09:scr
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