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RESOLUTION NO. 4 4 6 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CONSTITUTING
AN ORDER REGARDING THE MAXIMUM
PERMITTED EQUIPMENT AND INSTALLATION
RATES SET FORTH IN THE FEDERAL
COMMUNICATIONS COMMISSION FORM 1205
FILED BY COMCAST CABLE COMMUNICATIONS
LLC 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
equipment and installations; 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"), parent of the local franchise holder, filed with the City an FCC Form
1205 "Determining Regulated Equipment and Installation Costs, `Equipment
Form"', dated April 1, 2008, purporting to set forth and justify the rates it
proposed to charge to subscribers for equipment and installations (hereinafter
the "2008 FCC Form 1205"); and
WHEREAS, the City provided interested parties with an opportunity to
comment on the 2008 FCC Form 1205; and
WHEREAS, the rates set forth herein will govern Comcast's equipment
rates and installation charges until Comcast lawfully implements a further rate
change pursuant to applicable FCC regulations,
Resolution No. 4461
March 3, 2009
Page 1 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. Comcast's maximum permitted rates and charges for
equipment and installation, as calculated in the 2008 FCC Form 1205, are
neither approved nor denied, but may function as a rate ceiling during the
relevant rate period.
Section 2. Comcast shall not charge any rates higher than the
applicable maximum permitted rates set in the 2008 FCC Form 1205 nor
increase those rates, unless such rates are 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. § 76.932, or as otherwise
expressly permitted under applicable law and regulations.
Section 3. Comcast may charge rates less than the lawful maximum
permitted rates for equipment and installation, 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 4. This Order is based on the representations made by
Comcast in its 2008 FCC Form 1205. 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 1205.
Resolution No. 4461
March 3, 2009
Page 2 of 4
Section 5. 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,
and documents concerning the 2008 FCC Form 1205 in order to determine the
impact, if any, such data and documents have on rates proposed in future
equipment and installation rate filings; (ii) the right to address issues raised in the
2008 FCC Form 1205 that are relevant to any City review of subsequent
equipment and installation rate filings; and (iii) the right to request additional
information concerning the 2008 FCC Form 1205 that is relevant to any City
review of subsequent equipment and installation rate filings.
Section 6. This Order constitutes a written decision for purposes of 47
C.F.R. § 76.936(a).
Section 7. 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 8. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 9. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of , 2009.
CITY F
PETE B. LEWIS
MAYOR
Resolution No. 4461
March 3, 2009
Page 3 of 4
ATTEST: ~
~
Da i Ile E. Daskam, City Clerk
a APF~RF?VED AS TO FORM:
: ~
~'baniel B.Hei'd, ity Attorney,
Resolution No. 4461
March 3, 2009
Page 4 of 4
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REPRESENTiNG THE StaMC$lIO}3t-3WeI,ILgiQjICtr
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 778902900
Affidavit of Publication
4005735 / 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- I ntell igencer, separate newspapers of general circulation published
daily in King and Snohomish Counties, State of Washington. The Seattle Times and the Seattle Post- Intelligence r 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.
' The Seattle Times 03/19/09
a~,, Debbie Collantes Signature D.~,f.l~ L;A•GG4,.~
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REPRESfNTFNG THE $CaMeflO$t-3iud.ItoC2TCCY'
Re Advertiser Account #30785204 Ad # 778902900
Ad TEXT:City of Auburn
Resolution No. 4461
Notice is hereby given that on
March 16, 2009, the Auburn City
Council adopted Resolution No.
4461 constituting an Order re
garding the maximum permit
ted equipment and installation
rates set forth in the Federal
Communications Commission
Form 1205 filed by Comcast
Cable Communications LLC on
or about April 1, 2008. A fully
copy of Resolution No. 4461 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