HomeMy WebLinkAboutRes 13-94 03/16/1994 RESOLUTION NUMBER 13-94
A:RESOLUTION concerning
The Regulation of Basic Cable Senfice and Equipment Rates FOR the purpose of
Issuing an Accounting Order by Resolution dedaring that Telenois' rates for basic service
and equipment remain subject to review and further reduction and refund and ordering Telenois
to keep adequate accounts and records so that it can pay any refunds ordered.
WHEREAS, under federal and local 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 basic service and equipment rates; and
WHEREAS, Telenois, Inc. ("Teienois'), was required by regulations of the Federal
Communications Commission ("FCC") to submit Form 393 once it was notified in October, 199'3,
that it was subject to rate regulation; and
WHEREAS, the information filed by Telenois was deficient as submitted; and
WHEREAS, Section 6.706. A & B of the Cable Communications Code authorize the Village
to exercise its powers and to adopt and exercise regulations nece__~ry 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 December la, 1993, January 7, 1994 and February 18, 1994; and
WHEREAS, Telenois partially responded to the Village's information request on January
24, 1994 and have not responded to the Village's February, 1994 request: and
WHEREAS, the Village is currently reviewing Telenois' partial response and awaiting a
Form 393 filing; and
WHEREAS, the Federal Communications Commission has adopted substantial changes
to its rate regulations, but those changes have not yet been released and are not yet in effect;
and
WHEREAS, if Telenois had submitted a proper rate filing applying FCC benchmarks, the
Village would have to act 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
Village is under any obligation to act 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 an order by April
9, 1994 and it so, such order must require Telenois to keep adequate accounts and records so
that it can comply if the Village later issues a rate decision that requires it 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 the 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 respect to rate regulation, will continue to
review Telenois' rates for basic service and equipment, may require that additional information
be submitted, and may order rate reductions and refunds.
SECTION 2: The Village requires Telenois to keep adequate accounts and records of all amounts
received with respect to the rates in 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 September 1,1993, es may be required by subsequent order of the Village. The
refund period shall run from September 1, 1993 tothe 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, 9r implement any new or additional charges for basic service
or equipment, absent prior, specific review and approval by the Village.
SECTION ...r-:QUR: That this Resolution shall be in full force and effed from and after its passage
and approval in the manner provided by law.
AYES: Clowes, Corcoran, Hoefert, Hendricks, Skowron, Wilks
NAYS: None
ABSEI~IT: None
PASSED and APPROVED this 16t. h day of Ma rch ,1994.
C'e~'ald L. Farl~, M(~y~r //
Carol A. Fields, Village Clerk