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RESOLUTION NO. 4 4 6 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CONSTITUTING
AN ORDER REGARDING THE MAXIMUM
PERMITTED BASIC PROGRAMMING SERVICE
RATE SET FORTH IN THE FEDERAL
COMMUNICATIONS COMMISSION FORM 1240
FILED BY COMCAST ON OR ABOUT APRIL 1, 2008
WHEREAS, Section 623 of the Cable Communications Policy Act of 1984,
47 U.S.C. § 543, as amended, authorizes local franchising authorities, such as
the City of Auburn, Washington (hereinafter the "City"), to regulate rates for basic
cable service; and
WHEREAS, the City is certified as a rate regulation authority pursuant to
rules of the Federal Communications Commission (hereinafter "FCC"); and
WHEREAS, Comcast Cable Communications LLC, (hereinafter "Comcast"),
the local franchise holder, filed with the City an FCC Form 1240 "Updating
Maximum Permitted Rates for Regulated Cable Services", on or about April 1,
2008, purporting to set forth and justify the maximum rate it could charge to
subscribers for basic cable service (hereinafter the "2008 FCC Form 1240"); and
WHEREAS, as the City raised a concern on the "pre-approval" FCC Form
1235 network upgrade add-on amount included with the 2008 FCC Form 1240
rate filing; and
WHEREAS, Comcast has proposed to settle the matter identified by the
City, as set forth in a March 3, 2009, letter from Comcast to the City; and
WHEREAS, the City believes it is in the public interest to avoid the delay,
uncertainty and costs associated with the continued review of the 2008 FCC
Resolution No. 4460
March 3, 2009
Page 1 of 5
Form 1240 and the Preliminary FCC Form 1235, and any subsequent litigation
before the FCC.
WHEREAS, the rate set forth herein will govern Comcast's basic service
rate until Comcast lawfully implements a further rate change pursuant to
applicable FCC regulations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. The "pre-approval" version FCC Form 1235 filed March 1,
1999 and its calculated $1.16 nefinrork upgrade add-on shall be considered the
"Final" version FCC Form 1235 for purposes of complying with FCC rules and the
instruction for FCC Form 1235, and Comcast agrees that it is barred from filing
any additional FCC Forms 1235 addressing costs incurred with respect to the
network upgrade identified in the March 1, 1999, FCC Form 1235. Both parties
agree that the upgrade costs for the Auburn system have been fully recovered for
the applicable period represented in the form, and that Comcast shall at no time
charge the nefinrork upgrade add-on set forth in the March 1, 1999, FCC Form
1235. This agreement shall release Comcast from any future refund liability
arising out of the March 1, 1999 filing of the FCC Form 1235 for Auburn. The
City agrees that this satisfies and resolves any and all rate issues regarding all
service rate filings submitted by Comcast to the City prior to the 2009 FCC Form
1240 rate filing.
Section 2. With the exception of the FCC Form 1235 network add-on
set forth in the March 1, 1999, FCC Form 1235, Comcast's maximum permitted
Resolution No. 4460
March 3, 2009
Page 2 of 5
rate for basic cable service, as calculated in the 2008 FCC Form 1240, is neither
approved nor denied, but may: (i) function as a basic service rate ceiling during
the relevant rate period; and (ii) be utilized in future basic service rate filings, to
the extent permitted by and consistent with FCC rules and decisions.
Section 3. Comcast shall not charge any rate higher than the maximum
permitted rate set forth in the 2008 FCC Form 1240, less the FCC Form 1235
nefinrork add-on set forth in the March 1, 1999, FCC Form 1235, nor increase that
rate, unless such rate is first filed with and approved by the City, in accordance
with applicable law and regulations, including but not limited to the notice
requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly
permitted under applicable law and regulations.
Section 4. Comcast may charge rates less than the lawful maximum
permitted rate for basic service, as long as such rates are applied in a uniform and
nondiscriminatory way, pursuant to applicable federal, state and local laws and
regulations. The City, however, shall not be deemed to have approved such rates.
Section 5. This Order is based on the representations made by
Comcast in its 2008 FCC Form 1240. Should information come to the City's
attention that these representations were inaccurate in any material way, the City
reserves the right to take appropriate action. This Order is not to be construed
as a finding that the City has accepted as correct any specific entry, explanation,
calculation or rate in the 2008 FCC Form 1240.
Section 6. The City reserves all of its rights with respect to rate
regulation, including (but not limited to): (i) the right to request and review data,
Resolution No. 4460
March 3, 2009
Page 3 of 5
and documents concerning the 2008 FCC Form 1240 in order to determine the
impact, if any, such data and documents have on rates proposed in future basic
service rate filings; (ii) the right to address issues raised in the 2008 FCC Form
1240 that are relevant to any City review of subsequent basic service rate filings;
and (iii) the right to request additional information concerning the 2008 FCC Form
1240 that is relevant to any City review of subsequent basic service rate filings.
Section 7. This Order constitutes a written decision for purposes of 47
C.F.R. § 76.936(a).
Section 8. This Order shall be released to the public and to Comcast,
and a public notice shall be published stating that this Order has been issued and
is available for review, pursuant to 47 C.F.R. § 76.936(b).
Section 9. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 10. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this ~ day 2009.
C O UB
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PE ER B. LEWIS
MAYOR
Resolution No. 4460
March 3, 2009
Page 4 of 5
ATTEST:
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Dan E. Daskam, City Clerk
APPROED,AS,I~O FORW
Daniel B. H&tt; "City Attor,ney
Resolution No. 4460
March 3, 2009
Page 5 of 5
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REPRESENTINGTHE SCaMC$1lO$t-.%dEftCITCQT
PO Box 70, Seattle, WA 98111
AUBURN CITY OF-FINANCE DEPT
ATTN CITY CLERK
~ 25 WEST MAIN
AUBURN, WA 98001
Re: Advertiser Account #30785204
Ad 778903200
Affidavit of Publication
4005738 / 3
STATE OF WASHINGTON
Counties of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of
The Seattle Times and representing the Seattle Post-Intelligencer, separate newspapers of general circulation published
daily in King and Snohomish Counties, State of Washington. The Seattle Times and the Seattle Post- I ntelligencer have
been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties.
The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and
distributed to its subscribers during all of the said period.
smalmossm ' i ii .
The Seattle Times 03/19/09 '
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REPRESENTING THE SQaMC$las#--%nteUigencer
Re Advertiser Account #30785204 Ad # 778903200
Ad TEXT:City of Auburn
Resolution No. 4460
Notice is hereby given that on
March 16, 2009,
the Auburn City Council
adopted Resolution No.
4460 constituting an Order
regarding the maximum
permitted basic programming
service rate set
forth in the Federal
Communications Commission
Form 1240 filed by Comcast on
or about April 1,
2008. A fully copy of Resolution
No. 4460 is
available on the City's web site
and on file
with the City Clerk's Office.
Publish in the Seattle Times on
Thursday, March
19, 2009