HomeMy WebLinkAboutRES 4001CITY OF RENTON,WASHINGTON
RESOLUTION NO.4001
A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,
REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND
INSTALLATION RATES SET FORTH IN THE FEDERAL
COMMUNICATIONS COMMISSION FORM 1205 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 equipment and installations;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 1205 "Determining Regulated Equipment and
Installation Costs,'Equipment Form"',dated April 1,2008,purporting to set forth and justify the
rates it proposed to charge to subscribers for equipment and installations (hereinafter the "2008
FCC Form 1205");and
WHEREAS,the City provided interested parties with an opportunity to comment on the
2008 FCC Form 1205;and
WHEREAS,the rates set forth herein will govern Comcast's equipment rates and
installation charges 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.The above recitals are found to be true and correct in all respects.
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SECTION II.
RESOLUTION NO.4001
Comcast's maximum permitted rates and charges for equipment
and installation,as calculated in the 2008 FCC Form 1205,are neither approved nor denied,but
may function as a rate ceiling during the relevant rate period.
SECTION III.Comcast shall not charge any rates higher than the applicable
maximum permitted rates set in the 2008 FCC Form 1205,nor increase those rates,unless such
rates are 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.§76.932,
or as otherwise expressly permitted under applicable law and regulations.
SECTION IV.Comcast may charge rates less than the lawful maximum permitted
rates for equipment and installation,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 1205.Should information come to the City'S attention that these
representations were inaccurate III 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 1205.
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 1205 in order to determine the impact,if any,such data and documents have
on rates proposed in future equipment and installation rate filings;(ii)the right to address issues
raised in the 2008 FCC Form 1205 that are relevant to any City review of subsequent equipment
and installation rate filings;and (iii)the right to request additional information concerning the
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RESOLUTION NO.4001
2008 FCC Form 1205 that is relevant to any City review of subsequent equipment and
installation rate filings.
SECTION VII.
C.F.R.§76.936(a).
SECTION VIII.
by the City.
SECTION VIX.
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 BY THE CITY COUNCIL this 16th day of __M_a_r_c_h ,2009.
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Bonnie I.Walton,City Clerk
APPROVED BY THE MAYOR this -=1...",6'-"'-t.......h day of March 2009fJw~
Denis Law,Mayor
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Lawrence J.Warren,City Attorney
RES:1400:2/19/09:scr
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