HomeMy WebLinkAboutResolution 2444A Resolution
No. J~'~
WHEREAS, the City of Fort Worth ("City°') is certified as a franchising authonty to
regulate basic tier cable service, equipment, installation and certain other rates pursuant
to the Cable Act of 1984 as amended, and rules and regulations of the Federal
Communications Commission ("FCC") and
WHEREAS, on July 15 1998, Marcus Cable Associates ("Marcus") filed FCC Form
1205 with the City which establishes the following maximum permitted rates. (i) a
service charge of $26 88 per hour for installation of equipment and services, (ii) a lease
rate of $0 18 per month for addressable remote control boxes, (iii) a lease rate of $1 19
per month for non-addressable converters, (iv) a lease rate of $3.26 per month for
addressable converters; (v) a lease rate of $3 47 per month for addressable converters
with navigational guides; and (vi) a nominal charge of $2.00 for changing service tiers,
and
WHEREAS, the City requested and received from Marcus supplemental information to
justify rts equipment, installation request set forth in its Form 1205 filing; and
WHEREAS, the City retained C2 Consulting Services, Inc ("Consultant"), which
provides cable rate consulting services, which thoroughly reviewed Marcus's Form 1205
filing; and which provided the City with a wntten report ("Report"), dated July 2, 1998,
that outlined the Consultant's opinions and findings based on its review of Marcus's Form
1205 filing and supplemental information supplied by Marcus, and
WHEREAS, the City provided Marcus with a copy of the Consultant's Report and gave
Marcus the opportunity to respond m wntmg to the Consultant's opinions and findings,
and, as of August 19 1998, Marcus had not provided the City with any such wntten
response; and
WHEREAS, the Consultant has determined that under federal law and FCC rules and
regulations that the maximum permitted rates for the services and equipment indicated in
Marcus's Form 1205 filing are unreasonable and should instead be as follows (i) a
service charge of $26 81 per hour for installation of equipment and services, (ii) a lease
rate of $0 18 per month for addressable remote control boxes, (iii) a lease rate of $1 19
per month for non-addressable converters; (iv) a lease rate of $3.22 per month for
addressable converters, (v) a lease rate of $3 43 per month for addressable converters
with navigational guides, and (vi} a nominal charge of $2.00 for changing service tiers,
and
WHEREAS, Marcus provides an optional wire maintenance program for subscribers in
the City and assesses a fee of $0.99 per month for that program, and
CITY OF FORT WORTH
WHEREAS, the Consultant has determined that, under FCC rules, regulations and
orders, fees for programs such as Marcus's optional wire maintenance program are
~„ subJect to rate regulation by mumcipal franchising authorities and that, as a regulated
rate, Marcus's fee for its optional wire maintenance program should be $0 06 per month,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT
WORTH, TEXAS
THAT the maximum permitted rates for equipment, installation and certain other
services as calculated by Marcus in rts Form 1205 filing are unreasonable; and
THAT pursuant to FCC rules, regulations and orders, the fee charged by Marcus
for rts wire maintenance program. fee is subject to rate regulation by the City and that the
fee of $0.99 currently charged by Marcus is unreasonable; and
THAT for the period September 1 1998 until August 31 1999 in accordance
with federal law current FCC rules and regulations, and the Consultant's Report and
calculations, the City hereby establishes for Marcus the following maximum permitted
rates.
SERVICE CHARGE FOR INSTALLATION OF SERVICES AND EQUIPMENT•
$26.81 PER HOUR
LEASE RATE FOR ADDRESSABLE REMOTE CONTROL BOXES:
$0 18 PER MONTH
LEASE RATE FOR NON-ADDRESSABLE CONVERTERS:
$1 19 PER MONTH
LEASE RATE FOR ADDRESSABLE CONVERTERS.
$3.22 PER MONTH
LEASE RATE FOR ADDRESSABLE CONVERTERS WITH NAVIGATIONAL GUIDES:
$3 43 PER MONTH
NOMINAL CHARGE FOR CHANGING OF SERVICE TIERS:
$2.00
OPTIONAL WIRE MAINTENANCE PROGRAM FEE:
$0 06 PER MONTH
THAT m the adoption of this Resolution, the Crty does not approve or acquiesce
m any manner to cost date and/or methodologies used by Marcus to support its basic
cable service rate request m its Form 1205 and
CITY OF FORT WORTH
CITY OF FORT WORTH