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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 95-80 <br /> <br /> RESOLUTION DISAPPROVING CERTAIN RATES <br /> FOR TIlE BASIC SERVICE TIER, AND ORDERING <br /> A RATE REDUCTION AND CUSTOMER REFUND <br /> FOR PAST RATES COLLECTED <br /> <br />WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992 <br /> grants the City of Pleasanton, as a franchising authority, the power to <br /> review rates for basic cable television service within its jurisdiction; and <br /> <br />WHEREAS, the City has taken the necessary measures to comply with FCC regulations <br /> governing rate review; and <br /> <br />WHEREAS, on August 15, 1994, Viacom Cable submitted to the City a Form 1200 <br /> documenting the Basic Service Tier rates that became effective July 14, <br /> 1994; and <br /> <br />WHEREAS, pursuant to Section 76.933(c) of FCC regulations, the City issued an <br /> "accounting order" regarding the rates in question on November 30, 1994, <br /> directing Viacom to kccp an accurate account of all revenue received by <br /> reason of the rates in question, and reserving the right to order refunds for <br /> Basic Service Tier rates found to be in excess of those authorized by the <br /> FCC; and <br /> <br />WHEREAS, Telecommunications Management Corporation, a professional cable <br /> television regulation consulting firm, reviewed Viacom's Form 1200 and <br /> found the rates for basic service to be above the maximum permitted <br /> "benchmark" rates; and <br /> <br /> WHEREAS, the City has provided reasonable opportunity for the consideration of the <br /> views of interested parties and has provided Viacom Cable with a copy of <br /> the Consultant's report dated February 28, 1995, and the staff report to <br /> Council on this matter; <br /> <br /> <br />