HomeMy WebLinkAboutORDINANCE - 2404 - 1/24/1995 - CABLEVISION, CONTINENTALORDINANCE NO. 2404
ACCOUNTING ORDER ORDINANCE
(CONTINENTAL CABLEVISION)
WHEREAS, pursuant to the Communications Act of 1934, as amended
by the Cable Television Consumer Protection and Competition Act of
1992, and the regulations prescribed thereunder ("Act")-;_ the Village is
certified to regulate the rates charged for basic tier cable service in
the Village of Elk Grove Village, Illinois, and all equipment,
installation, and other services used for such basic tier service; and
WHEREAS, pursuant to the Act, Continental Cablevision of
Northern Cook County ("Continental") submitted to the Village, on
August 15, 1994, its FCC 1200 form series (including forms 1220 and
1205), requesting approval of its basic tier cable rates; and
WHEREAS, the Act allows the Village a 180 -day period to review
and evaluate cost -of -service showings in order to make an informed and
reasoned judgment on proposed rates and to prepare a final rate
decision as to whether proposed rates are within the Federal
Communications Commission's reasonableness standard or justifiably
above the presumptively reasonable level; and
WHEREAS, the Village pursuant to Resolution No. 45-94, tolled the
effective date of Continental's proposed basic tier rates until
February 9, 1995; and
WHEREAS, pursuant to the Act, if the Village takes more than the
full 180 -day period to complete its initial review of Continental's
rates, Continental's proposed rates will go into effect, subject to
subsequent refund orders for any portion of the proposed rates later
found by the Village to be unreasonable and not sufficiently justified,
and, in such a situation, the Village must issue an order at the end of
the tolling period requesting Continental to keep an accurate account,
until a written decision is rendered by the Village, of all amounts
paid to Continental by reason of the proposed rate and on whose behalf
such amounts are paid; and
WHEREAS, the Village has determined that it will not have
completed its review of Continental's proposed basic tier rates by
February 9, 1995, and that it will need additional time to reach a
decision on the merits as to whether Continental's proposed basic tier
rates are within the Federal Communications Commission's reasonableness
standard or justifiably above the presumptively reasonable level.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: The Village will not have completed its review of
Continental Cablevision of Northern Cook County's proposed basic tier
rates by February 9, 1995, and will need additional time to reach a
decision on the merits as to whether Continental's proposed basic tier
rates are within the Federal Communications Commission's reasonableness
standard or justifiably above the presumptively reasonable level.
Section 2: Effective February 9, 1995, Continental is hereby
ordered ("Accounting Order") to keep an accurate account, until such a
written decision is rendered by the Village, of all amounts paid to
Continental by reason of its proposed basic tier cable rates and on
whose behalf such amounts are paid.
Section 3: That the Clerk is hereby authorized to publish this
Ordinance in pamphlet form.
E
Section 4: That this Ordinance shall be in full force and
effect from and after February 9, 1995 and upon its passage, approval
and publication according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 24th day of January 1995.
APPROVED this 24th day of January 1995.
Dennis J. Gallitano
Vi I I age rest ent
ATTEST:
Patricia S. Smith
Village Clerk
PUBLISHED this 27th day of January , 1995 in Pamphlet Form.
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