1995-02-06 - Resolution 1995-04 - ACCOUNTING ORDER RESOLUTION (CONTINENTAL CABLEVISION)1/17195
RESOLUTION NO.gs- 4
ACCOUNTING ORDER RESOLUTION
(CoNTTNENTAL CABLEyTSTON)
WHEREAS, pursuant to the Communications Act of 1934, as amended by the Cable
Television Consumer Protection and Competition Aq. of 1992, and the regulations prescribed
thereunder ("Act"), the Village is certified to regulate the rates charged for basic tier cable service
in the Village of Buffalo Grove, Illinois, and all equipment, installation, and other services used for
such basic tier service; and,
WEEREAS, pursuant to the Act, Continental Cablevision of Northern Cook County
("Continental") submitted to the Village, on August 15, 1994, its FCC 1200 form series (including
forms 1220 and 1205), requesting approval of its basic tier cable rates; and,
WTTPREAS, the Act allows the Village a 180-day period to review and evaluate cost-of-
service showings in order to make an informed and reasoned judgrnent on proposed rates and to
prepare a final rate decision as to whether proposed rates are within the Federal Communications
Commission's reasonableness standard or justifiably above the presumptively reasonable level; and,
WEEREAS, the Village pursuant to Resolution No. 94-91 tolled the effective date of
Continental's proposed basic tier rates until February 9, 1995; and,
Wrr'.11B6t, pursuant to the Act, if the Village takes more than the full 180-day period to
complete its initial review of Continental's rates, Continental's proposed rates will go into effect,
subject to subsequent refund orders for any portion ofthe proposed rates later found by the Village
to be unreasonable and not sufficiently justified, and, in such a situation, the Village must issue an
order at the end ofthe tolling period requesting Continental to keep an accurate account, until a
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written decision is rendered by the Villale, of all amounts paid to Continental by reason of the
proposed rate and on whose behalf such amounts are paid; and,
WHEREAS' the Village has determined that it will not have completed its review of
Continental's proposed basic tier rates by February 9, 1995, and that it will need additional time to
reach a decision on the merits as to whether Continental's proposed basic tier rates are within the
Federal Communications Commission's reasonableness standard or justifiably above the presumptively
reasonable level.
NOW, TEEREFORE, BE IT RESOLYED by the President and Board of Trustees of the
Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows:
Section 1. The Village will not have completed its review of Continental Cablevision of
Northem Cook County's proposed basic tier rates by February 9, 1995, and v/ill need additional time
to reach a decision on the merits as to whether Continental's proposed basic tier rates are within the
Federal Communications Commission s reasonableness standard orjustifiably above the presumptively
reasonable level.
Section 2. Effective February 9, 1995, Continental is hereby ordered ("Accounting Order")
to keep an accurate account, until such a written decision is rendered by the Village, of all amounts
paid to Continental by reason ofits proposed basic tier cable rates and on whose behalf such amounts
are paid.
Section 3. That the Clerk is hereby authorized to publish this Resolution in pamphlet form.
Section 4. That this Resolution shall be in full force and effect from and after February 9,
1995 and upon its passage, approval and publication according to law.
[ff,$; 5 - Martenthal, Reid, Rubin, Braiman, Hendricks, Moons
NAYES: o - None
ABSENT 0 - None
2
PASSED:February 6 r995
APPROVED: Februarv 5.1995
PUBLISHED: February 7,1995
ATTEST:
APPROVED:
SIDNEY H,Village President
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Villag4€*rk
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