1993-54RESOLUTION NO. 93 - 54
WHEREAS, pursuant to the Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act of 1992, and the regulations prescribed thereunder ( "Ad "� the
Village is certified to regulate the rates charged for basic tier cable service in the Village and all
equipment, installation, and other services used for such basic tier service;
WHEREAS, pursuant to the Act, Continental Cablevision of Northern Cook County ("Continental ")
has submitted to the Village its FCC 393 form, requesting approval of its basic tier cable rates,
WHEREAS, the Act provides that if the Village is able to determine that Continental's current basic
tier rates are reasonable under the Act's rate standards, the basic tier rates will go into effect 30 days after
they are submitted;
WHEREAS, the Act provides that if the Village is unable to determine whether the proposed basic
service tier rates are reasonable, it may toll the effective date of the proposed basic tier rates for up to
either an additional 90 days or an additional 150 days, depending on whether the cable operator has
optioned to use either the "benchmark" rate calculation formula promulgated by the Federal
Communications Commission (FCC) or the "cost of service" rate calculation formula promulgated by the
FCC, respectively,
WHEREAS, such tolling is intended to allow the Village additional time to review Continental's
proposed basic tier rates and to conduct a public hearing at which interested persons may express their
views and the Village may record objections toward making a final determination;
WHEREAS, Continental has based all or part of its submitted rate calculations on procedures not
prescribed by the FCC and therefore there exist some questions as to the validity of the methods used to
arrive at the rate submittal and therefore the validity of the submittal in whole as an official filing of a
completed FCC 393 form with the Village;
WHEREAS, the Village will recognize only standards established by the FCC in evaluating the
reasonableness of the rate submittal and would need additional time to review Continental's proposed
basic tier rates to ensure compliance with the Act and the FCC rules and regulations thereunder regardless
of validity of the filing,
WHEREAS, the Village wishes to appoint the Continental Regional Cable Group ("the Group') as
the hearing body to conduct a public hearing on the issue of whether Continental's current basic tier rates
are reasonable under the Act's rate standards and to determine the validity of the submitted rate
calculations used in arriving at said rates, and to report its findings and recommendations to the Village
Board;
WHEREAS, such procedure may require a tolling of the effective date of the proposed basic tier
rates to make a final determination,
WHEREAS, pursuant to the Act, Continental has made formal request to the Village to commence
proceedings to renew is existing cable franchise,
WHEREAS, the Act sets forth the cable franchise renewal procedure, which procedure includes the
holding of an initial public hearing ( "Initial Public Hearing "); making request that Continental submit a
proposal for renewal, reviewing such proposal; conducting a public administrative proceeding
( "Administrative Proceeding "), and making a final determination to grant or deny such proposal; and
0 0 -
WHEREAS, the Village wishes to the appoint the Group to implement for the Village, where the
Village is aligned with the direction of the Group on such matters, the Act's cable franchise renewal
procedures and as the hearing body to conduct any public hearing required under such procedures, except
the initial Public Hearing, and to report its findings and recommendations to the Village Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS:
The effective date of Continental Cablevision of Northern Cook County's proposed basic
tier rates is hereby tolled until January 31, 1994 and the Continental Regional Cable Group
is hereby appointed as the hearing body for the Village, to conduct a public hearing on
January 13, 1994, on the issue of whether Continental's current basic tier rates are
reasonable under the Act's rate standards and to report its findings and recommendations to
the Village Board.
2. The Village reserves the right, should it be determined that methods used by Continental in
their rate calculation submission for the basic tier of service are not in conformance with
the Act and the FCC rules and regulations thereunder, to re -toll the effective date of basic
tier rates upon the Village's receipt of a completed FCC 393 form in compliance with the
Act and the aforesaid rules and regulations.
3. The Continental Regional Cable Group is hereby appointed as the hearing body for the
Village, where the Village is aligned with the direction of the Group on such matters, to
implement for the Village the Act's cable franchise renewal procedures and as the hearing
body to conduct any public hearing required under such procedures, except the Initial
Public Hearing, and to report its findings and recommendations to the Village Board.
4. Authority to make the final determination as to the reasonableness of Continental
Cablevision of Northern Cook County's proposed basic tier rates and to grant or deny
Continental Cablevision of Northern Cook County's proposal for renewal remains with and
is vested in the Village Board.
YEAS: 5 — Marienthal, Reid, Kahn, Rubin, Braiman
NAYS: 0 — None
ABSENT: 1 — Hendricks
Passed: December 20, 1993 Approved: December 20, 1993
v•'r .:
i
Falage President
ATTEST:
Village C16&
RESOLUTION NO. 93 - 54
WHEREAS, pursuant to the Communications Act of 1934, as amended by the Cable Television
Consumer Protection and Competition Act 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 and all
equipment, installation, and other services used for such basic tier service;
WHEREAS, pursuant to the Act, Continental Cablevision of Northern Cook County ("Continental ")
has submitted to the Village its FCC 393 form, requesting approval of its basic tier cable rates,
WHEREAS, the Act provides that if the Village is able to determine that Continentars current basic
tier rates are reasonable under the Act's rate standards, the basic tier rates will go into effect 30 days after
they are submitted;
WHEREAS, the Act provides that if the Village is unable to determine whether the proposed basic
service tier rates are reasonable, it may toll the effective date of the proposed basic tier rates for up to
either an additional 90 days or an additional 150 days, depending on whether the cable operator has
optioned to use either the "benchmark" rate calculation formula promulgated by the Federal
Communications Commission (FCC) or the "cost of service" rate calculation formula promulgated by the
FCC, respectively,
WHEREAS, such tolling is intended to allow the Village additional time to review Continental's
proposed basic tier rates and to conduct a public hearing at which interested persons may express their
views and the Village may record objections toward making a final determination;
WHEREAS, Continental has based all or part of its submitted rate calculations on procedures not
prescribed by the FCC and therefore there exist some questions as to the validity of the methods used to
arrive at the rate submittal and therefore the validity of the submittal in whole as an official filing of a
completed FCC 393 form with the Village;
WHEREAS, the Village will recognize only standards established by the FCC in evaluating the
reasonableness of the rate submittal and would need additional time to review Continental's proposed
basic tier rates to ensure compliance with the Act and the FCC rules and regulations thereunder regardless
of validity of the filing,
WHEREAS, the Village wishes to appoint the Continental Regional Cable Group ("the Group') as
the hearing body to conduct a public hearing on the issue of whether Continental's current basic tier rates
are reasonable under the Act's rate standards and to determine the validity of the submitted rate
calculations used in arriving at said rates, and to report its findings and recommendations to the Village
Board;
WHEREAS, such procedure may require a tolling of the effective date of the proposed basic tier
rates to make a final determination;
WHEREAS, pursuant to the Act, Continental has made formal request to the Village to commence
proceedings to renew is existing cable franchise,
WHEREAS, the Act sets forth the cable franchise renewal procedure, which procedure includes the
holding of an initial public hearing ( "Initial Public Hearing "); making request that Continental submit a
proposal for renewal, reviewing such proposal; conducting a public administrative proceeding
( "Administrative Proceeding "), and making a final determination to grant or deny such proposal; and
WHEREAS, the Village wishes to the appoint the Group to implement for the Village, where the
Village is aligned with the direction of the Group on such matters, the Act's cable franchise renewal
procedures and as the hearing body to conduct any public hearing required under such procedures, except
the initial Public Hearing, and to report its findings and recommendations to the Village Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, ILLINOIS:
The effective date of Continental Cablevision of Northern Cook County's proposed basic
tier rates is hereby tolled until January 31, 1994 and the Continental Regional Cable Group
is hereby appointed as the hearing body for the Village, to conduct a public hearing on
January 13, 1994, on the issue of whether Continental's current basic tier rates are
reasonable under the Act's rate standards and to report its findings and recommendations to
the Village Board
2. The Village reserves the right, should it be determined that methods used by Continental in
their rate calculation submission for the basic tier of service are not in conformance Kith
the Act and the FCC rules and regulations thereunder, to re-toll the effective date of basic
tier rates upon the Village's receipt of a completed FCC 393 form in compliance with the
Act and the aforesaid rules and regulations.
3. The Continental Regional Cable Group is hereby appointed as the hearing body for the
Village, where the Village is aligned with the direction of the Group on such matters, to
implement for the Village the Act's cable franchise renewal procedures and as the hearing
body to conduct any public hearing required under such procedures, except the Initial
Public Hearing, and to report its findings and recommendations to the Village Board.
Authority to make the final determination as to the reasonableness of Continental
Cablevision of Northern Cook County's proposed basic tier rates and to grant or deny
Continental Cablevision of Northern Cook County's proposal for renewal remains with and
is vested in the Village Board.
YEAS: 5 Marienthal, Reid, Kahn, Rubin, Brair`an
NAYS: 0 - None
ABSENT: 1 - Hendricks
Passed: December 20, 1993 Approved: December 20, 1993
Approved:
Sidra as, Vdligc President
ATTEST:
�C mx t l .Si.rL
Village C16