Resolution 1994-345
MAY 10, 199.
Resolution 94-345
ORDER DECLARING THAT RATES FOR BASIC SERVICE AND EQUIPMENT
REMAIN SUBJECT TO REVIEW AND FURTHER REDUCTION AND REFUND;
AND ORDERING COLONY CABLEVISION TO KEEP ADEQUATE ACCOUNTS AND
RECORDS SO THAT IT CAN PAY ANY ADDITIONAL REFUNDS ORDERED
WHEREAS, under
Florida is permitted
and equipment; and
Whereas, the County has begun to regulate basic service and
equipment rates; and
federal and local law, Collier county,
to regulate rates for basic cable service
Whereas, the County has requested additional information
from Colony which will be reviewed upon receipt: equipment
depreciation schedules; fixed asset lists; the justification
utilized by Colony for determining bulk agreement rates; and
other supporting data;
Whereas, the county intends to consider further and seek
information regarding Colony's Cable + package; and
Whereas, "Commercial" (business) rates are still under
consideration by the FCC; and
Whereas, to reserve all of its rights, the county will issue
an order on May 10, 1994 and such order shall require Colony
Cablevision ("Colony") to keep adequate accounts and records so
that Colony can comply if the County later issues a rate decision
that requires Colony to pay refunds regarding the above listed
areas; and
Whereas, the County is unable at this time to determine
maximum rates permitted under federal rules on the above stated
items; and
Whereas, the County intends to conduct further review of
the rates; and
NOW THEREFORE, BE IT ORDERED by Collier County, Florida that:
1. Colony may continue to charge those rates it was charging on
the date of this Order pending issuance of an Order by the County
setting rates, as long as those rates are subject to reduction
and refund. Those rates have been collected and shall continue
to be collected subject to refund back in time to September 1,
1993 forward to the date that Colony implements a rate reduction
pursuant to an order of the County. Colony must keep accurate
accounts and records of all amounts received with respect to the
rates in issue and on whose behalf such amounts were paid, so
that it is able to pay refunds to subscribers.
2. The County reserves all of its rights with respect to rate
requlation.
3. Colony may not increase rates for basic se~~el~h~~~ipment
to any individual subscriber or group of subscribers, absent
prior review and approval by the County except as otherwise
provided by law (FCC Rules, 47CFR 76.933).
PASSED AND ADOPTED by the Board of County Commissioners this
10th day of May, 1994.
DATED:. May 10, 1994
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~ ;DWIGHT E.' BROCK, Clerk
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Approved as to form and legal
sufficiency:
/Juh cJ AYiW-
~ounty Attorney
COMMISSIONERS
F IDA
STANTINE
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