OR 2002- 999 Sets the maximum permitted monthly equipment rental rate charged by AT&TAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-999
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ESTABLISHING FINDINGS AND THE MAXIMUM PERMITTED
MONTHLY EQUIPMENT RENTAL RATE CHARGED BY AT&T
BROADBAND; 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! Cable Partners ("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 equipment and installation rates are related equipment and installation charges and
providing for a reasonable opportunity for interested parties to express their views concerning
basic cable regulations; and
WHEREAS, on or about April 24, 2002 the City reviewed what is commonly known as
FCC Form 1205; and
WHEREAS, the City has caused to be audited and has concluded that said proposed rates
for maximum permitted monthly lease rates in Form 1205 are appropriate;
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
1205 filing.
That the City reviewed AT&T's FCC Form 1205 to determine the reasonableness
of the proposed monthly equipment lease and installation rates.
C. 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.
SECTION 2. That the City has an obligation to timely act upon the pending rate
application consistent with current FCC rules and regulations.
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";
A. The operator selected rates proposed by AT&T BroadBand for equipment rental
is hereby approved.
B. The operator selected rates for installation and Customer Trouble Call rate be
approved with the three following conditions:
1. Subscribers must not be billed for trouble calls due to problems not resulting
from subscriber action.
2. AT&T customer service representatives must inform subscribers of the
potential charge and the types of issues that could give rise to the charge before a
technician is dispatched.
3. In circumstances where the problems are not completely corrected during the
first visit, the subscriber will not be charged again for a repeat call to correct the
initial problem.
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.
APPROVED:
CANDY SHEEHAN, MAYOR
APPROVED AS TO FORM:
By: ROBERT E. HAGER,
CITY ATTORNEY
ATTEST:
LIBBY BALL, CITY SECRETARY
3 43167