Loading...
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 1 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. 2 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 3