RES 94114 - Laserfiche WebLink

Mr. Chris Sherwood City of Pleasanton July 25, 1994 Page 6 The Cities may wish to contact the FCC directly to provide information cn local actions and/or to determine whether the specifics of this case can be explained more clearly. TMC has placed initial inquiries in this regard, bu~ has no= yet received a response. The cities will be advised of any responses TMC receives from the FCC on the issues involved in this analysis. The FCC can be reached directly at (202) 416-0953. If number I above is selected, it is noted that the rates charged by Viacom are less than permitted. Figure 1 summarizes the rates charged by Viacom as compared to the rates permitted. If the Cities find that these rates acceptable, viacom should be directed to maintain its charges at the "actual" level, otherwise the Cities may be considered to have apprcved the "permitted" rates. If the cities find the rates documented on the Form 393 acceptable, and there is no opposition to the rates by an interested party, no City action needs to be taken and the rates will be automatically considered approved at the end of the 120 day period. As noted above, in order to prevent the "permitted" rates from becoming approved, the cities will most likely desire to take action and direct Viaccm to maintain its rates at "actual" levels. If there is any opposition by an interested party, or the cities disapprove any initial rate in whole or in part, a written decision must be issued by the franchising authority. This will most likely be the situation in the Cities. In conclusion, it appears tha~ Viacom has completed the For= 393 in substantial accord with the regulations established by t~e FCC. The key outstanding issue is the counting of certain channels and the impact on the permitted rate for regulated service. After discussion with the FCC and viacom, if the Cities find that Viacom has counted the channels consistent with FCC instructions, the Cities should direct Viacom to maintain rates as stated in the "actual" column of Figure 1. If, the cities find than rates should be reduced for the Basic Service Tier as a result of a miscounting of channels, then Viacom should be advised to reduce its rates for the Basic Service Tier and maintain its rates for all other services indicated in Figure 1. The cities should then