OR 2002- 998 Sets the maximum permitted basic tier rates charged by AT&T BroadbandAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-998
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED
BASIC SERVICE TIER RATES CHARGED BY AT&T
BROADBAND CABLE; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas franchises cable television service for the
benefit of its citizens with TC! Cablevision of Texas, a subsidiary of AT&T BroadBand
("AT&T"); and
WHEREAS, the City is the Grantor of a franchise ordinance by and between the
City of Coppell and TC! Cablevision of Texas ("TCI"); and
WHEREAS, in accordance with applicable provisions of the
Telecommunications Act of 1996 (the "Act") and rules adopted by the Federal
Communications Commission ("FCC") and all other applicable federal and state laws
and regulations, the City has undertaken all appropriate procedural steps to regulate the
equipment and installation rates; and
WHEREAS, in accordance with applicable FCC regulations the City adopted an
ordinance providing for the regulation of rates charged by cable television operators
within the City for the basic tier of cable television service and providing for a reasonable
opportunity for interested parties to express their views concerning basic cable
regulations; and
WHEREAS, on or about April 22, 2002 the City reviewed what is commonly
known as FCC Form 1240; and
WHEREAS, the City has caused to be audited and has concluded that said
proposed maximum basic service tier rate in Form 1240 is inappropriate;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That after review the following are ordained findings of this City
Council:
That on or about March 1, 2002, the City of Coppell received AT&T's
FCC form 1240 filing.
That the City reviewed AT&T's FCC Form 1240 to determine the
reasonableness of the proposed basic service tier rate.
That the findings of the C2 Consulting audit, which is attached hereto and
incorporated herein by reference as Exhibit "A", are hereby established as
findings.
That based upon the information received from AT&T, the City concludes
that the rate proposed by AT&T for maximum permitted service is
inappropriate.
SECTION 2. That the City has an obligation to timely act upon the pending rate
application consistent with current FCC rules and regulations and that AT&T's submittal
of the FCC form 1240 received on or about March 1, 2002, is hereby accepted.
SECTION 3. That the City hereby further ordains:
That based on the information received from AT&T and recommendations
from C2 Consulting Services, Inc., which is attached hereto and
incorporated herein by reference as Exhibit "A", the maximum permitted
rate for the basic service tier be established at $11.11 effective July 1,
2002.
That based on the information received from AT&T and recommendations
from C2 Consulting Services, Inc., which is attached hereto and
incorporated herein by reference as Exhibit "A", the operator selected rate
for the basic service tier be established at $10.82 effective July 1, 2002.
SECTION 4. All provisions of the ordinances of the City of Coppell in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Coppell not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not effect the validity of the Code of Ordinances of the City of Coppell, Texas.
SECTION 6. That this ordinance shall take effect immediately from and after its
passage and publication, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this 25th day
of June, 2002.
By: CANDY SHEEHAN, MAYOR
ROBERT E. HAGER
(REH/cdb 0~
ATTEST:
LIBBY BALL, CITY SECRETARY
, CITY ATTORNEY
9/02)
43168