HomeMy WebLinkAboutORDINANCE - 2373 - 6/14/1994 - ACCOUNTING ORDER ORDINANCEORDINANCE NO. 2373
ACCOUNTING ORDER ORDINANCE
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 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 November 23, 1993,
its FCC 393 form, requesting approval of its basic tier cable rates.
Continental then, on December 29, 1993, submitted to the Village its
cost -of -service justification for its basic tier 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. 7-94, tolled the
effective date of Continental's proposed basic tier rates until June 27,
1994; 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 June 27, 1994, 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 June 27, 1994, 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 June 27, 1994, 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 Village Clerk is authorized to publish this
Ordinance in pamphlet form.
-2-
Section 4: That this Ordinance shall be in full force and effect
from and after its passage, approval and publication according to law.
VOTES: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 14th day of June 1994.
APPROVED this 14th day of June 1994.
Dennis J. Gallitano
Village Presi eni
ATTEST:
Patricia S. Smith
Village Clerk
By: Ann I. Head
Deputy Village Clerk
PUBLISHED this 17th day of June 1994 in pamphlet form.
-3-