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<br />Ordinance No. 1998 - 15
<br />
<br />BE IT ORDAINED that the CABARRUS COUNTY ORDINANCE DIRECTING THE REGULATION OF
<br />BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE
<br />CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE COUNTY OF CABARRUS is
<br />hereby amended to read as follows.
<br />
<br /> WHEREAS, on October 5, 1992, Congress enacted the Cable
<br />Television Consumer Protection and Competition Act of 1992 which,
<br />among other things, provided that the basic service tier rates,
<br />and the charges for related equipment, installation and services,
<br />of a cable television system (hereinafter, "Basic Service Rates
<br />and Charges") shall be subject to regulation by a franchising
<br />authority in accordance with regulations prescribed by the
<br />Federal Communications Commission (hereinafter the "FCC"); and
<br />WHEREAS, on April 1, 1993, the FCC prescribed such
<br />regulations in the Report and Order, In the Matter of
<br />Implementation of Sections of Cable Television Consumer
<br />
<br />Protection and Competition Act of 1992: Rate Requlation, MM
<br />Docket No. 92-266, FCC 93-177 (released May 3, 1993) and on July
<br />15, 1993, the FCC issued Notice of Proposed Rulemakinq, In the
<br />Matter of Implementation of Sections of the Cable Television
<br />
<br />Consumer Protection and Competition Act of 1992, FCC MM Docket
<br />No. 93-215 (released on July 16, 1993) and as other Basic Service
<br />Rates and Charges regulation shall be hereafter be prescribed by
<br />the FCC and as such regulations may be amended from time to time
<br />(hereinafter the "FCC Rate Regulations"); and
<br /> WHEREAS, pursuant to 47 C.F.R. Part 76.900, Subpart N,
<br />Section 76.910, on the 6th day of January, 1994 the County of
<br />Cabarrus submitted FCC Form 328--Certification for Local
<br />Franchising Authorities--to the FCC via Registered Mail, Return
<br />Receipt Requested. Pursuant to Section 76.910, the date on the
<br />return receipt, January 10, 1994, is to be considered the date
<br />filed. A copy of FCC Form 328 was also served on Franchisee on
<br />January 6, 1994, the same day it was filed with the FCC.
<br /> WHEREAS, pursuant to Section 76.910, the County's
<br />certification becomes effective on February 10, 1994; thirty (30)
<br />days after the date filed.
<br /> WHEREAS, the County of Cabarrus (hereinafter, the "County")
<br />is a franchising authority with the legal authority to adopt, and
<br />the personnel to administer, regulations with respect to the
<br />regulation of Basic Service Rates and Charges of any cable
<br />television system operating in the County (hereinafter the
<br />"Franchisee"), including, without limitation, the system
<br />currently being operated by Time Warner Cable pursuant to the
<br />current Franchise agreement adopted February 16, 1998; and
<br /> WHEREAS, the County shall regulate the Basic Service Rates
<br />and Charges of Time Warner Cable and any other Franchisee
<br />hereafter operating in the County and shall do so in accordance
<br />with the FCC Rate Regulations notwithstanding any different or
<br />inconsistent provisions in the Franchise;
<br /> NOW, THEREFORE, BE IT ORDERED BY THE COUNTY OF CABARRUS,
<br />NORTH CAROLINA, AS FOLLOWS:
<br /> SECTION 1. Rate Filing and Review of Rates by Franchising
<br />Authority. The County shall follow the FCC Rate Regulations in
<br />its regulation of the Basic Service Rates and Charges of Time
<br />Warner Cable and/or any other Franchisee hereafter operating in
<br />the County, notwithstanding any different or inconsistent
<br />provisions in any cable franchise.
<br /> A. A Franchisee that is notified that its basic service and
<br />equipment rates are subject to rate regulation shall file, within
<br />thirty (30) days of notification, a submission (hereinafter the
<br />"Rate Filing") as required by FCC Rate Regulations. The
<br />Franchisee's rates effected by such notice shall not be subject
<br />to increase except with the prior approval of the County or as
<br />provided by FCC Rate Regulations.
<br />B. Every Rate Filing shall be submitted to the County
<br />Manager, Cabarrus County, 65 Church Street SE, P.O. Box 707,
<br />Concord, NC 28026-0707 and to the county's rate consultant,
<br />Centralina Council of Governments, P. O. Box 35008, Charlotte, NC
<br />28235. Four copies of the filing are required to be submitted to
<br />each. If the operator claims any part of the filing is
<br />proprietary, it shall file four (4) additional copies, which
<br />shall omit the proprietary information.
<br /> C. If external costs are included in the Rate Filing and/or
<br />if different rates for classes of customers are proposed, the
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