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HomeMy WebLinkAboutReso - CC - 045-1981RESOLUTION NO. 81- 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA, ESTABLISHING THE SCHEDULE FOR RATES AND CHARGES FOR CABLE TELEVISION SERVICE UNDER A NON-EXCLUSIVE FRANCHISE TO BE GRANTED TO CAPITAL CITIES PENINSULA CABLE, INC. WHEREAS, the City Council of the City of Burlingame anticipates granting a non-exclusive franchise to allow construc- tion, operation and maintenance of a Community Antenna Television (CATV) system within the City of Burlingame; and WHEREAS, the Burlingame City Code Title 6 ,xBI��NN xxxxy�Y6, Chapter , allows that one of the condi ons in the granting of a CATV franchise may be the establishment by the Grantor, on a not to exceed basis, the rates and charges associated with CATV service; and, specifies the procedures for the petition by the Grantee for increase in service rates and charges; and WHEREAS, the State of California Government Code, Section 53066.1, sets forth certain specified conditions, which when met by the Grantee, exempt the Grantee from regulation or control by the City of the rates and charges, except for the first year following the date of delivery of service pursuant to the initial grant of a franchise; and WHEREAS, Capital Cities Peninsula Cable, Inc. in a letter of commitment dated March 2, 1981, modified its franchise application such that, interalia, Grantee guaranteed its pro- posed rates and charges structure as valid for two (2) years from date of franchise award. NOW, THEREFORE, BE IT RESOLVED, that the City Council establishes the Grantee's service rates and charges schedule, which is effective until the expiration of Grantee's rate guarantee as defined herein and either at such time as Grantee elects to raise its rates for cable service as permitted in Section 16 of Ordinance Number 1173, or preempted by State or Federal regulations. The service rates and charges established are as follows: 1, The Capital Cities Peninsula service rates and charges fo and institutional except for follows: Cable, Inc. schedule of r subscribers, residential public schools, are as - 1 - A. Basi service: Residential: Monthly Installation First outlet (including $10.50 $19.95 converter rental. With- out converter rental$9.00) Additional outlet (includ- 5.00 7.95 ing converter rental. Without converter rental $3.50) FM, with original instal- 1.50 None lation FM, separate installation 8.00 15.00 Relocation -- 10.00 Reconnection -- 12.00 Commercial: First Outlet 9.00(1) (2) Cost+10% Additional Outlet $:5.50 to $6.80 Cost+ 10% Notes: (1) $15 for other than multiple dwellings. (2) Sliding scale. B. Premium Service: Home Box Office 9.50 15.00 Showtime 9.50 15.00 The Movie Channel 9.50 15.00 Bravo! 9.50 15.00 Cinemax 9.50 15.00 Home Theatre Network 4.95 15.00 Front Row 4.95 15.00 C. Grantee may, at some future date following initial act4-vation of service, find it advisable to require a refundable converter deposit; however, such a requirement may be imposed only with the approval of Grantor as to charge(s) and conditions. D* Installation fees for all Basic and Premium Services will be waived during the initial 90 days of system operation, and may be waived in whole or part during other promotional efforts. Premium Services installations will be at no cost to subscriber if subscription taken at same time as Basic Service. Premium installation fees will be on a per -home basis, and not a per set basis. E. Commercial and Leased Access users will be charged $5.00 plus production costs for a one minute spot, twelve times per week. - 2 - G. Grant _e may also offer, at its Lion, a lesser tier of basic service for a lesser .fee, e.g., all off -air stations plus local access and origination channels; however, the full spectrum of Basic Service shall be provided as specified in Subsection A above. The City reserves the right to later regulate the rates of any lesser Basic Service offering, if in Council's opinion the need is realized. 2. All City public elementary and high schools and City government buildings will be provided free basic connec- tion and free basic service for education purposes, including: converters and routine converter maintenance. Each such elementary and high school shall receive three (3) drops and each City government building will receive one (1) drop. Any additional drops will be on a time and material cost basis. The .ity or entity involved will provide whatever easements may be necessary for Grantee to provide such service. 3. There will be no charge or fees of installation of bi- directional cable drops into Public Schools and City government buildings and offices, for data transfer, facsimile transfers, and other cable access requirements when and as requested by the City Manager's office. 4. Grantee shall be authorized to reduce its 24-month rate guarantee period on a month -for -month basis for each month that Grantee's actual performance exceeds that outlined in the construction schedule submitted and approved in accordance with Section 15 of Franchise Ordinance No.1210 - 5. Grantee may at its option charge subscribers for service calls which originate as the result of subscriber error. Such charge may be up to and including Grantee's actual direct hourly cost of repair. It is acknowledged by the Grantor that Federal regulations preempt the regulation of rates and charges for Pay TV services and that the rates for such services are listed herein to reflect Grantee's rate guarantee as specified above. PASSED AND ADOPTED by the City Council of the City of Burlingame, California, this 15th day of Jul_, 1981, by the following votes: AYES: "COUNCILMEMBERS: AMSTRUP,BARTON,MANGINI,MARTIN NOES: COUNCILMEMBERS: NONE ABSENT:COUNCILMEMBERS: CR S Y ATTEST: Victor Mangini Mayor City Clerk - 3 -