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Mayor Tarver stated that since there was an exception as to the process granted to the School District, he felt this request should also be granted, especially since it had been over two years since the Council adopted the policy in question. The roll Call vote was as follows: AYES: Councilmembers Michelotti, Mohr, Pico and Mayor Tarver NOES: None ABSENT: Councilmember Dennis ABSTAIN: None Item 6c Review of Viacom Cable's basic service rates for the period July 14, 1994 to March 15, 1995, and resolution ordering a rate refund for that period, (SR95:215) Mr. Sherwood presented the staff report. Mayor Tarvet asked if it were predetermined how the refund will occur. Mr. Sherwood stated that Viacom has the option of giving the refund back to the customers it believes paid the over charge, or it can give it back as a credit at one time to all its current customers. In any event, it would be a one time credit. Mayor Tarvet stated he didn't feel that this was fair. If somebody's cable package is outside of these regulations, why should that person benefit from the rates of the basic package, which is controlled by Council. Mr. Sherwood stated that this is the FCC regulation. All the regulated revenue has to be considered at the same time. Mayor Tarver stated he didn't understand why the people in another class, who pay a different rate controlled by the federal government, get a refund when the basic rate is regulated by Council. Mr. Pico asked what the total refund per person would be. Mr. Sherwood said it should be approximately $1.00. Tom Baker, General Manager, Viacom, concurred with the staff report. He stated that the FCC rules are very rigid but it lets Viacom dictate how the refund is given out; it will be a one-time credit, along with the rate reduction. Ms. Mohr asked if there is a status report on the new channel rewiring and when Pleasanton will be on-line. 07/18/95 -17-