HomeMy WebLinkAboutRES-2004-011 2004 Rate Order Resolution for Cable Services in Unincorporated Orange Co~ ~S • boa ~1 ~ a ~ ~
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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;
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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