Laserfiche WebLink
98 <br /> <br />prescribed by the FCC and as such regulations may be amended from <br />time to time (hereinafter the "FCC Rate Regulations"); and <br /> WHEREAS, pursuant to 47 C.F.R. Part 76.900, Subpart N, Section <br />76.910, on the 6th day of January, 1994 the County of Cabarrus <br />submitted FCC Form 328--Certification for Local Franchising <br />Authorities--to the FCC via Registered Mail, Return Receipt <br />Requested. Pursuant to Section 76.910, the date on the return <br />receipt, January 10, 1994, is to be considered the date filed. A <br />copy of FCC Form 328 was also served on Franchisee on January 6, <br />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 Gabarrus (hereinafter, the "County") is <br />a franchising authority with the legal authority to adopt, and the <br />personnel to administer, regulations with respect to the regulation <br />of Basic Service Rates and Charges of any cable television system <br />operating in the County (hereinafter the "Franchisee"), including, <br />without limitation, the system currently being operated by Vision <br />Cable Communications pursuant to the current Franchise agreement <br />adopted November 9, 1978 and extended November 1, 1993; and <br /> WHEREAS, the County shall regulate the Basic Service Rates and <br />Charges of Vision Cable Communications and any other Franchisee <br />hereafter operating in the County and shall do so in accordance with <br />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, NORTH <br />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 its <br />regulation of the Basic Service Rates and Charges of Vision Cable <br />Communications and/or any other Franchisee hereafter operating in <br />the County, notwithstanding any different or inconsistent provisions <br />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 Franchisee's <br />rates effected by such notice shall not be subject to increase <br />except with the prior approval of the County or as provided by FCC <br />Rate Regulations. <br /> B. Every Rate Filing shall be submitted to Mr. John <br />Witherspoon, County Manager, Cabarrus County, 65 Church Street SE, <br />P.O. Box 707, Concord, NC 28026-0707. Four copies of the filing are <br />required to be submitted. If the operator claims any part of the <br />filing is proprietary, it shall file four (4) additional copies, <br />which shall omit the proprietary information. <br /> C. If external costs are included in the Rate Filing and/or if <br />different rates for classes of customers are proposed, the Rate <br />Filing is required to show how the rates are consistent with FCC <br />Rate Regulations. A Franchisee shall respond to reqUests for <br />information from the County by deadlines established by the County. <br /> D. If the County finds that the initial rates and/or any <br />subsequent rate increases are within the FCC Rate Regulation <br />standards, the rates shall be effective thirty (30) days after <br />submission of the Rate Filing. <br /> E. If the County is unable to determine whether the rate at <br />issue is within the FCC's benchmark standards, based on the material <br />submitted by the Franchisee, or if the Franchisee submitted a cost <br />of service showing, the County may take an additional period of time <br />to make a final determination and toll the effective date of the <br />proposed rates for a commensurate period. The County may take an <br />additional ninety (90) days if it needs more time to ensure that a <br />rate is within the FCC's benchmark rate standards. The County may <br />take an additional one-hundred fifty (150) days to evaluate a <br />cost-of-service showing. The County shall issue a written decision <br />regarding its invocation of the additional time period and shall so <br />notify the Franchisee. If no action is taken within the above <br /> <br /> <br />