Loading...
HomeMy WebLinkAboutRES-2004-011 2004 Rate Order Resolution for Cable Services in Unincorporated Orange Co~ ~S • boa ~1 ~ a ~ ~ o ~- C `? -- ~d~~ ,b 16 STATE OF NORTH CAROLINA ORANGE COUNTY NC-0256, NC-0276 a&b BEFORE THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF: ) The Review of FCC 1240 Annual Rate ) Adjustment Request, FCC1235 ) Abbreviated Cost of Service Rate Request, ) and FCC 1205 Equipment and Installation ) Rate Request filed by Time Warner ) Cable ) An Order Finding Time Warner Cable's 2004 FCC1240 Basic Service Tier, FCC1235 Cost of Service Rates and FCC1205 Installation Rates Comply with the FCC's Rules and are Subject to the Conditions Stated Herein WHEREAS, in accordance with the provisions of the Cable Television Consumer Protection and Competition Act of 1992 (1992 Act), the Federal Telecommunications Act of 1996 (1996 Act), the County Code, and regulations adopted pursuant to that Code, the County is permitted to regulate rates for basic cable services and associated equipment; WHEREAS, Time Warner Cable of Raleigh-Durham (Time Warner) submitted FCC1240 Updating Annual Maximum Permitted Rates filings for Regulated Cable Services with the County., Time Warner's filings encompass external costs, inflation, and program costs for the True-up period of October 2002 through September 2003, and the projected period of January through December 2004; WHEREAS, the County received a report from its Consultant stating that Time Warner submitted its FCC1240 before the FCC published its October 2003 updated inflation factors; Time Warner's FCC 1240 rate calculations comply with the FCC's rate-making rules; WHEREAS, Time Warner submitted a consolidated "Company' FCC 1205 Determining Regulated Equipment and Installation Costs filing with the County to set the regulated rate for the Hourly Service Charge, Installation Services and Equipment rental rates; WHEREAS, the County is certified with the FCC to regulate basic service tier rates provided by Time Warner in the County; 17 NOW THEREFORE THE BOARD OF COUNTY COMMISSIONERS MAKE5 THE FOLLOWING FINDINGS: THAT Time Warner's Maximum Permitted $13.29 Rate for Basic Tier Service NC-256 complies with the FCC's Rate Rules;. THAT Time Warner's Maximum Permitted $12.57 Rate for Basic Tier Service NC-276a complies with the FCC's Rate Rules; THAT Time Warner's Maximum Permitted $15.51 Rate for Basic Tier Service NC-276b complies with the FCC's Rate Rules; THAT Time Warner's $1.45 Add-on Rate for Basic Tier Service NC-256 complies with the FCC's Rate Rules; THAT Time Warner's $1.81 Add-on Rate for Basic Tier Service NC-276a complies with the FCC's Rate Rules; THAT Time Warner's $2.11 Add-on Rate for Basic Tier Service NC-276b complies with the FCC's Rate Rules; THAT Time Warner's National $37.50 HSC complies with the FCC's complies with the FCC's Rate Rules; THAT Time Warner may charge a Basic Service Tier rate below the approved combined maximum permitted rate; THAT Tone Warner may base its installation rates on its 2004 FCC1205 HSC rate of $37.50; THAT Time Warner has substantiated adjustments to its FCC1205 equipment rates; and THAT Time Warner has substantiated the other adjustments to its cable service rates based on past and estimated cost elements. 1S IT IS THEREFORE ORDERED: THAT Time Warner's Maximum Permitted Rate fir Basic Tier Service for NC-256 ($13.29), for NC-276a ($12.57), and for NC-276b ($15.51)comply with the FCC's Rate Rules; and the FCC1235 "Add-on"for NC-256 ($1.45), for NC-276a ($1.81)and for NC-276b ($2.11) comply with FCC Rate Rules and that Time Warner may charge a combined "selected" BST rate. below the approved maximum permitted rates, but not above it; THAT the maximum permitted Basic Service Tier rate for Time Warner subscribers in The County for the projected period shall not exceed $13.29 per month for NC-256, $12.57 per month for NC-276a, and $15.51 per month for NC-276b, subject to subsequent findings by the County to the contrary; THAT Time Warner's Equipment, Installation and HSC rates comply with the FCC's Rate Rules; THAT the County reserves its right to revise this Rate Order subject to subsequent contrary findings by the County, and THAT this Order will be effective immediately, copies will be released to Time Warner and the public. ISSUED BY ORDER OF THE ORANGE COUNTY BOARD OF COUNTY COA~IlVIISSIONERS This the 17`~ day of February 2004. BY: Chair ATTEST: ~ seas Clerk Deliver Report and Executed Order via Certified U.S. Mail to: Paul Baccellieri, VP Finance, Time Warner Cable 101 Innovation AV., Suite 100, Morrisville, NC 27560, Copy to: Action Audits, LLC., 101 Pocono LN., Cary, NC 27513 Action Audits, LLC Cable Rate, Franchise Fee, Utility Tax Auditing & Telecommunication Administration 101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392. Fax # 919.460.6868