Loading...
CC RESOLUTION 2725121-74 RESOLUTION NO. 2725 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDOr CALIFORNIA, APPROV- ING RATES TO BE CHARGED BY THETA CABLE OF CALIFORNIA FOR CABLE TELEVISION SER- VICE AND REPEALING RESOLUTION NO. 2593. WHEREAS, Theta Cable of California has requested authority to increase the rates for CATV service within the City of El Segundo; and WHEREAS, after considering evidence presented at a public hearing the City has determined that the present rates and charges should be increased; and WHEREAS, the City has found that the revenues, expenses, rate base and rate of return at the alternate rates used by the Staff in its analysis and report are fair and reasonable; and WHEREAS, the City has found that the following rates and charges are just, reasonable, nondiscriminatory and nonpref- erential; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the rates and charges established in Resolution No. 2593 are hereby rescinded and that the schedule of rates and charges to be applied by Theta Cable of California in the City of El Segundo- is hereby established as follows: Installation Charge A. Residence (each dwelling unit) 1. First Outlet a. Standard Installation i. A standard installation 'shall include installation of drop cable with fittings up to 150 feet from the CATV distribution system (measured along the cable from the center line of the street or utility easement) through the house wall or at the customer's option through the floor from a house vent or crawl space directly to the customer's television set with five feet of cable from the wall or floor entry to the TV set. Also included is the grounding cable, fine tuning of the television set and the provisions of appropriate literature. 121.75 b. Overhead Service I i. The charge shall be $15.00 for a standard installation. C. Under round Service from Under round Feeder Cable i. In the event that the subscriber independently provides for his own trenching (including any necessary boring, backfilling, repaving and/or replanting), the charge shall be as stated above for Overhead Service. ii. In the event that the subscriber contracts with the company to provide the trenching and related work on the subscriber's property, the charge for the trenching, etc., shall be the cost incurred by the company and the charge for the duct, cable, and installation shall be as stated above for Overhead Service. iii. In either event, the company shall bear the full cost of providing the trenching and all other facilities from the feeder cable to the subscriber's property line. iv. The company shall inform the subscriber of the above options and provide the subscriber with a written estimate of the costs therewith. (a). In the event that a written estimate is not given to the subscriber, the total cost of underground installation shall be as stated above for Overhead Service. d.,Underground Service from Overhead Feeder Cable i. The charge shall be as stated above for Overhead Service and in addition thereto, the difference between the company's incurred cost of providing the underground facilities from the feeder cable to the subscriber's property line and the estimated cost of constructing equivalent aerial facilities. ii. The subscriber shall be given the option of provid- ing his own trenching (including any necessary boring, backfilling, repaving and/or replanting) or of contracting with the company to provide the trenching and related work on the subscriber's property. The charge for the trenching, etc. on the subscriber's property shall be the cost incurred by the company and the charge for the duct, cable and installation on the subscriber's property shall be included in the charges stated in I.A.l.d.i. above. iii. All conditions stated in I.A.l.c.iv. above shall be applicable. 2. Each Additional Outlet a. The charge shall be $7.50 for each additional outlet if the subscriber's order for same is made not later than the time the first outlet is installed or re- connected or any other work by the company is performed on the premises for which a charge is authorized. - 2 - 121-76 b. When the subscriber's order is made subsequent to the time specified in I.A.2.a. above, the charge shall be $15.00 for the first additional outlet and $7.50 for each further additional outlet, if any, ordered installed concurrently. c. When an additional outlet is installed in a separate structure on subscriber's premises the charge shall be as specified in I.A.l.b. above for overhead service or as specified in I.A.l.c. for underground service. B. Reduced Charges During Certain Periods 1. At the option of the company, any of the foregoing charges may be reduced by any amount, but only under the following conditions: a. The subscriber makes a bona fide application for service not later than 30 days after the company's local feeder cable is initially placed in service and such cable is reasonably accessible to the subscriber's premises; or b. The company files with the City a notice specifying the conditions under which the foregoing charges will be reduced. The notice shall include the reasons for reducing the foregoing charges, the specific time period during which the foregoing charges will be reduced in each area of the city and the amount of the reduced charges, The notice shall be filed with the City not less than 10 days prior to the starting date of the reduced charges and the conditions under which the foregoing charges will be reduced shall be subject to such modification or restriction as the City may impose. c. Reduced charges, if offered, shall be on a nondiscri- minatory nonpreferential basis. C. Installation of A-B Switch, Channel Selector or House LM-21ifi 1. The charge shall be $7.50 for the installation of an A-B Switch, Channel Selector or House Amplifier if the subscriber's order for same is made not later than the time the first outlet is installed or reconnected or any other work by the company is performed on the premises for which a charge is authorized. 2. When the subscriber's order is made subsequent to the time specified in I.C.l. above, the charge shall be $15.00 for the first A-B Switch, Channel Selector or House Amplifier installed and $7.50 for each further A-B Switch, Channel Selector or House Amplifier, if any, ordered installed concurrently. 3. The charges for house amplifiers stated above in I.C.l. and I.C.2. shall apply only to house amplifiers installed in single residences or business establishments. D. Deposit for Channel Selector 1. A $20.00 deposit may be collected for each channel selector provided to a subscriber after the effective date of this order. - 3 - El 12177 a. The company shall pay simple interest at the rate of h percent per month on deposits held for an entire month. b. The deposit plus interest, less any unpaid charges owed by the subscriber, shall be refunded upon disconnection and return of the channel selector to the company. E. Multi le Apartments, Hotels, Motels, Condominiums, Townhouses and Nonresi3ences 1. All installation charges (excluding the cost of all amplifiers) for the above captioned classes of subscri,- bers shall not exceed the actual cost to the company of making such installations and shall be charged to the owner thereof as hereinafter provided. a. Multiple apartments shall be under one ownership and may have either one customer billing or individual tenant billings. Owner approval shall be required on all installations. b. Condominiums shall include individually owned units where the unit owner has title to the structure within the confines of the walls, ceiling and floor of his unit with either one customer billing to the owners' association or individual billings to the unit owners. i. The legally recognized condominium owners' associ- ation shall be considered as the owner of the building in applying I.E.l. above and its approval shall be required prior to all installations. c. Townhouses shall include individually owned units where the unit owner has title to the structure within the confines of the walls, the ground below and the air space above with either one customer billing to the owners' association or individual billings to the unit owners. i. The legally recognized townhouse owners' associ- ation shall be considered as the owner of the building in applying I.E.l. above and its approval shall be required prior to all installations. d. In those instances where an individual condominium or townhouse unit owner applies for service and the service can be provided in accordance with Section I.A.l.a. above, the installation charge shall be as stated in Section I.A.l.b. in lieu of the charge stated in I.E.l. above. The installation charge shall be charged directly to the unit owner and the approval of the owners' association shall be required prior to all installations. 2. The installation charge set forth in Section I.A.l.b. above shall not be made in addition to the installation charge set forth in I.E.l. above. 3. The company shall keep such records as may be necessary to identify the costs and charges associated with each of the foregoing subscribers. - 4 - E • Iii 1217 8 F. Additional Charge for Nonstandard Installation 1. In the event that a subscriber requests a nonstandard installation, such as concealed wiring, wiring to an outlet on an inside wall, an outlet location more than 150 feet from the CATV distribution system.,pre- wiring of a residence under construction or any other installation not included in a standard installation (I.A.l.a.), the company upon written agreement with the subscriber may make an additional charge not to exceed the cost to the company attributable to such nonstandard installation. If company and subscriber fail to reach an agreement on the additional charge, the City upon request from the subscriber or the company shall determine the amount, terms and conditions of the additional installation charge which would be fair and reasonable under the particular circumstances. 2. The company shall file with the City a current list of the types of nonstandard installations for which an additional charge stated in I.F.l. above shall be applicable. G. Schools and City-Owned Facilities 1. One standard installation of cable in the above-captioned classes of subscribers (where schools are under the jurisdiction of the Board of Education of the City of El Segundo) shall be made without charge. The instal- lation charge for any additional installation work performed shall not exceed the cost to the company of making such installations. 2. The company shall keep such records as may be necessary to identify the cost and charges associated with each of the foregoing subscribers. Ii. Monthly Rates A. Residence (each dwelling unit) and Business and Commercial Establishments 1. First Outlet - The rate shall be $7.50 per month. 2. Each Additional Outlet - The rate shall be $1.50 per month. 3. In-House Amplifier - The rate shall be $4.00 per month and shall be applied only when required to provide adequate signal to five or more outlets. B. Multiple Apartment Units, Hotels, Motels, Condominiums, Townhouses and Nonresidences 1. Apartment Units, Condominiums and Townhouses a. Number of Apartment/ Condominium/Townhouse Unit Rate Per Month Per Apartment/ Condominium/Townhouse Unit for One Outlet 1-4 $7.00 5-19 6.00 20-49 5.00 0 50 or more 4.00 • - 5 - .121,0479 b. The rate for each additional outlet within an individual unit shall be $1.50 per month. 2. Hotels, Motels and Nonresidences a. The rate for each unit of transient type facilities shall be $4.00 per month for up to 100 units. For facilities with more than 100 units, the rate shall be $2.85 per month. 3. The above service rates shall apply where all outlets are on the same premises, under one ownership as specified in I.E. above and with billing to one customer. 4. The application of the rates indicated in II.B. in lieu of the rates specified in II.A. shall be at the option of the company. 5. Separate accounts may be established with residents of units specified in II.B.1. and II.B.2. above for the purpose of making charges for those additional services not included in single billing agreements. C. Channel Selector 1. The rate shall be $1.50 per month for each unit. D. Waiver of Service Charge to Schools 1. The company may waive the foregoing monthly charges for CATV service it provides public schools under the jurisdiction of the Board of Education of the City of El Segundo. E. Waiver of Service Charge to City-Owned Facilities 1. The company may waive the foregoing monthly charges for CATV service it provides City-owned facilities. F. Prorating for Less than One Month's Service 1. The monthly rate shall be prorated on the basis of the number of days in the period for which service was rendered to a standard 31-day billing period. G. Billing and Payment 1. The bill for the monthly rate may be rendered in advance. Such bill is due and payable not more than five days in advance of the period during which ser- vice is to be furnished. III. Relocation Charge A. The charge shall be $15.00 for each relocated outlet or relocated channel selector. B. The condition stated in I.A.l.a. above shall be applicable. IV. Charge for A-B Switch A. A one-time charge of $7.50 shall be applied for each A-B Switch installed by the company. The charge shall be in addition to the installation charge stated in I.C. above. Theta shall guarantee each A-B Switch for a period of one year from the time of installation and the switch shall be the property of the subscriber. �10 � 12180 1. The company shall not collect any other charges for the A-B Switch than those stated in I.C. and IV.A. above. V. Reconnect Charge A. The charge shall be $10.00 per subscriber. B. The charge shall apply where the company had previously served the premises, and facilities are substantially in place, but service was cancelled, suspended or terminated for any good cause or the cable was cut or disconnected by the subscriber or his agent or in the case of multiple apartments, condominiums, townhouses and pre-wired resi- dences when an individual unit is connected to the system non-concurrently with the installation of the system in the building. C. The charge may be applied where the service is not inter- rupted but a subscriber name change occurs. D. The charge shall not be made in addition to the installation charge. E. The company shall not remove, rearrange or otherwise disturb any of its existing facilities for the purpose of making a greater charge than would otherwise be applicable. F. During periods of reduced installation charges specified in I.B. above, the above reconnection charge shall be reduced in the same proportion that the installation charge specified in I.B. above is reduced. VI. Subscriber Liability for Loss or Damage to Equipment or Facilities A. The subscriber will be held responsible for loss or damage to any equipment or facilities provided by the company, except where the loss or damage is due to causes beyond the subscriber's control. The company may make an additional charge not to exceed the cost to the company for replacing or restoring the equipment or facilities to its original form. 1. The company shall file with the City and keep current a list of the types of charges that may reasonably be expected to be applied under this section. 2. Prior to the time the equipment or facilities are replaced or restored, the company shall provide the subscriber with a written itemized estimate of all charges to be made hereunder. VII. FM Radio Outlets A. Where the company provides FM radio signals to the sub- scriber's FM radio receiver, the rates and charges for each connection or outlet providing such service shall be identical with those set forth above for TV outlets. VIII. Line Extension Charge A. In the event that a potential subscriber's premises are located at such a distance from the feeder cable that it is not economically feasible for the company to provide - 7 - .12, 181 service at the foregoing rates and charges, this City shall determine, upon request from the potential subscriber or the company, the amount, terms, conditions and refund provisions of the line extension charge which, in addition to the foregoing rates and charges, would be fair and reasonable under the particular conditions and circumstances. B. The line extension provision stated in VIII.A. above shall not be applied so as to relieve Theta of its basic requirement under the terms and conditions of its franchise to provide service within its franchised area; nor shall the provision be applied to place the burden of the cost of the installation of the basic distribution and feeder system directly upon the potential subscriber in such areas. IX. Reporting Requirements A. The company shall file with this City an annual profit and loss statement and quarterly statistical reports including data presented on a monthly basis of the number of subscribers, additional outlets, convertors, new instal- lations, relocations, disconnects, reconnects, dwelling units passed, miles of plant and the number of subscribers provided with any form of service for which a charge separate from those listed above is made, together with such additional financial and statistical data as the City may from time to time require. X. Applicability A. The company shall not collect any rate or charge in the City of El Segundo other than as authorized herein, and no rebate, refund or other allowance shall be made except as provided herein. B. The foregoing rates and charges shall comprehend the total of company's service authorized by franchise granted by the City of El Segundo. C. Gifts and similar promotional material presented by the company to prospective or existing CATV subscribers during a CATV sales promotion shall be subject to the same terms and conditions of I.B.l.b. and c. above, as they apply to reduced charges during sales promotions. XI. Notice to Applicants for Service A. The company shall include in its Subscription and Instal- lation Agreement or other service application form a notice to applicants for service that the company's rates and charges for service within the City of El Segundo are in conformity with this City Order, and that a copy of said Order is available for inspection at the company's local business office and at the Department of Public Utilities and Transportation,, Room 1600,, City Hall,, 200 North Spring Street, Los Angeles. SECTION 2. Theta Cable of California shall not charge for any service not included in Section 1 of this resolution nor shall Theta Cable of California charge higher rates than provided in Section 1 of this resolution. � 12.1 (q 02 SECTION 3. This resolution shall become operative on and after January 1, 1977 0 SECTION 4. Resolution No. 2593 is rescinded. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceed- ings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 15th day of November, 1976 ATTEST: City Clerk (SEAL) • Mayor of the City of El.'Segundo, California • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO SS Valerie A. Burrowes City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing Resolution, being Resolution No. 2725 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 15th day of November 1976 and that the same was so passed and adopted by the following vote: AYES: Councilmen Rockhold, Van Vranken and Mayor Balmer NOES: Councilmen Nagej ABSENT, Councilmen None ABSTAIN: Councilman Bue WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 22nd day of November 197 6 1002 City Clerk of the City of El Segundo, California 11v (SEA L) Deputy