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19941011 1994-25ORDINANCE NO. 1994- 25 AN ORDINANCE TO REGULATE CERTAIN SUBSCRIBER CABLE TELEVISION RATES CHARGED BY MEDIA GENERAL CABLE OF FAIRFAX COUNTY, INC. WITHIN THE CITY OF FAIRFAX, VIRGINIA WHEREAS, the government of City of Fairfax, Virginia ("City") franchised Media General Cable of Fairfax County, Inc. ("Media General") to provide cable television service within the City; WHEREAS, the City is authorized by law to regulate rates charged by Media General (i) for the cable television service basic service tier, (ii) for the equipment used to receive the basic service tier, and (iii) for the installation of such equipment used to receive the basic service tier (all three collectively referred to as "Basic Services"); WHEREAS, in preparation of its rate regulation responsi- bilities, the City joined Fairfax County and other jurisdictions and applied to and was certified jointly by the Federal Communica- tions Commission ("FCC") to regulate Basic Services; WHEREAS, on April 6, 1994, Media General submitted a request to Fairfax County, as the lead jurisdiction, for approval of rates charged by Media General for Basic Services in Fairfax County, the City and other jurisdictions; WHEREAS, Media General's request for approval of rates was submitted in accordance with federal law with the submission of FCC Form No. 393 and a cost of service study, and the request applied to rates charged for Basic Services by Media General for the period from September 1, 1993 through July 14, 1994; WHEREAS, the City Council has considered Media General's request for approval of rates for Basic Services; NOW, THEREFORE, BE IT ORDAINED, that the rate of $10.44 per month charged by Media General for the basic service tier to subscribers in the City for the period from September 1, 1993, through July 14, 1994, is found to be reasonable and in accordance with federal law; BE IT FURTHER ORDAINED that the rates charged by Media General for the equipment used to receive the basic service tier and for the installation of such equipment used to receive the basic service tier for the period from September 1, 1993, through July 14, 1994, are found to be unreasonable and in excess of the rates permitted by federal law; BE IT FURTHER ORDAINED that the rates charged by Media General for the equipment used to receive the basic service tier and for the installation of such equipment used to receive the basic service tier for the period from October 10, 1993, through July 14, 1994, shall be: - 1 - 1994-25 1. Monthly rental of Zenith convertor $ 2.78 2. Monthly rental of Jerrold converter 2.29 3. Monthly rental of Zenith remote control 0.38 4. Monthly rental of Jerrold remote control 0.37 5. Unwired home installation 45.08 6. Prewired home installation 33.40 7. Unwired connection installation 36.08 8. Prewired connection installation 17.94 9. Unwired additional connection installation 45.08 10. Prewired additional connection installation 33.40 11. Reconnect at tap 17.90 12. Miscellaneous installation (special trip) 18.08; BE IT FURTHER ORDAINED that rates charged during the period from October 10, 1993 through July 14, 1994 by Media General for the equipment used to receive the basic service tier and for the installation of such equipment used to receive the basic service tier, which rates were in excess of the rates listed above, shall be refunded by Media General to subscribers in the manner specified by 47 C.F.R. Section 76.942(d), with interest specified by 47 C.F.R. Section 76.942(e) at rates published by the United States Internal Revenue Service for additional tax payments, within ninety (90) days after the enactment of this ordinance. This ordinance shall become effective as provided by law. Introduced: Public Hearing: Adopted: September 27, 1994 October 11, 1994 October 11, 1994 ATTEST: Date -Oit~ Clerk - 2 -