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HomeMy WebLinkAboutRes 48-94 12/06/1994 RESOLUTION NUMBER 48-94 A RESOLUTION concerning The Regulation of Basic Cable Service and Equipment Rates FOR the purpose of Issuing an Accounting Order by Resolution declaring that Telenois' rates for basic service ond equipment remain subiect to review ond further reduction (3nd refund and ordering Telenois to keep adequate accounts and records so that it can poy any refunds ordered. WHEREAS, under federol ond Iocol law, the Village of Mount Prospect ("Village") is permitted to regulate rates for basic cable service and equipment; and WHEREAS, the Village has begun to regulate bosic service and equipment rates, and is currently in the process of reviewing the first round of information regording rates submitted on Form 393; and WHEREAS, the Village has been unable to issue (3 rate order on the Form 393 rates to dote because of the considerable delay in filing the correct information on the part of Telenois; and WHEREAS, the Village issued an Accounting Order on March 16, 1994 holding rates at the level at that time so that no increases would be implemented until the Form 393 rate rulemaking process was completed; ond WHEREAS, Telenois made changes to their rates effective July 14, 1994 to comply with FCC regulations; and WHEREAS, Telenois, Inc. ("Telenois"), was subsequently required by regulations of the Federal Communications Commission ("FCC") to submit Forms 1200, 1205, and 1215 with regards to rates and equipment/services since July 14, 1994 lhat are subiect to a second round of rate regulation following the Form 393 process; ond WHEREAS, the Forms 1200, 1205, and 1215 filed by Telenois were deficient as submitted on August 11, 1994; and WHEREAS, Sedion 6.706., Subsedions A & B of the Cable Communications Code aulhorizes the Village to exercise its powers and to adopt and exercise regulations necessary to enforce such authority over cable rates and services; and WHEREAS, the Village found that additional information would be required to determine the permissible rates for Telenois under the applicable FCC rules, and requested such additional information from Telenois on,September 14, 1994; and WHEREAS, Telenois responded to the Village's information request on September 16, 1994 with a letter indicating the company felt it had filed all required information; and WHEREAS, the Village responded in writing on September 16, 1994 that the filing was not complete and that until the required information was received, the filing would not be considered valid and no time tables would commence; and WHEREAS, in a phone conversation belween Telenois representatives, Susan Dean, Keith I-leffron, and Lisa Ouzounian and Village Communications Administrator Cheryl Pasalic on September 23, 1994, the company agreed to submit additional information if the Village's consultant, Lou Karrison of Crowe Chizak, would compile a list of the missing items; and WHEREAS, Mr. Karrison has spent several weeks evaluating the information and compiling the list of missing information; and WHEREAS, the Federal Communications Commission has adopted substantial changes to its rate regulations, and more changes are likely in the future; and WHEREAS, if Telenois had submitted a proper rate filing applying FCC benchmarks, the Village would have to ad to approve, deny, or enter an accounting order and provide for further investigation, within 120 days of that filing. Federal law, however, is unclear as to whether the illage is under any obligation to ad at all within 120 days, given Telenois' failure to make complete and timely filings as required; and WHEREAS, to reserve all of its rights, the Village may be required to issue a rate order, and such an order must require Telenois to keep adequate accounts and records so that the company can comply if the Village later issues a rate decision that requires Telenois to pay refunds; and WHEREAS, the Village intends to conduct further review of the rates in light of additional information it may receive, and in light of any forthcoming changes to the federal rate regulations; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: The Village reserves all of its rights with resped to rate regulation, will continue to review Telenois' rates for basic service and equipment, may require that additional information be submifled, and may order rate reductions and refunds. SECTION 2: The Village requires Telenois to keep adequate accounts and records of all amounts received with resped to the Form 1200,1205, and 1215 rates at issue, and on whose behalf such amounts were paid, so it is able to refund any overcharge amounts that may be determined to those that paid them back in time to July 14, 1994, as may be required by subsequent order of the Village. The refund period shall run from July 14, 1994 to the date a prospective rate redudion order is issued by the Village. SECTION 3: Telenois may not increase rates for basic service and equipment to any individual subscriber or group of subscribers, or implement any new or additional charges for basic service or equipment, absent prior, specific review and approVal by the Village. SECTION FOUR: That this Resolution shall be in full force and effed from and after its passage and approval in the manner provided by law. AYES: Clo. wes, Corcoran, Hendricks, Hoefert, Skowron, Wilks ~YS: None ABSENT: None PASSED and APPROVED this 6th day of n~c:m~er .1994. Gera d L. Far ey/Ma~)or/ / / Carol A. Fields, Village Clerk