98-22678 RESO
RESOLUTION NO. 98-22678
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE ISSUANCE AND EXECUTION BY THE CITY
MANAGER OF A RATE ORDER, A COPY OF WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN,
WHICH DECLARES THE PROPOSED INCREASE IN CABLE
TELEVISION RATE WHICH HAS BEEN PROPOSED BY
RIFKIN NARRAGANSETT SOUTH FLORIDA CATV
LIMITED PARTNERSHIP REASONABLE AND APPROVES
SAID INCREASE.
WHEREAS, on June 4, 1997, this City Commission adopted Resolution No. 97-22401
which approved a Rate Order, finding a proposed rate increase by Rifkin Narragansett South Florida
CATV Limited Partnership, d/b/a Cable Vision Communications for its basic tier of cable television
service from $8.41 to $10.25 per month (the "Maximum Permitted Rate") to be reasonable; and
WHEREAS, on November 26, 1997, the City of Miami Beach, Florida (the "City") received
an FCC Form 1210 from Rifkin Narragansett South Florida CATV Limited Partnership together
with a notice that it was requesting the City to approve a $0 .68 increase in the Maximum Permitted
Rate to $10.93 per month; and
WHEREAS, this City Commission adopted Resolution No. 97-22618 on December 17,
1997, approving execution by the City Manager of an Order T oUing Deadline, in order to provide
the City staff and the City's outside cable regulation experts sufficient time to review the FCC Form
1210 to determine whether the proposed increase in the Maximum Permitted Rate is reasonable; and
WHEREAS, the City engaged outside Legal Counsel and Independent Certified Public
Accountants to review the proposed changes; and
WHEREAS, these cable regulation experts have concluded that a Maximum Permitted Rate
of$10.93 per month proposed by Rifkin Narragansett South Florida CATV Limited Partnership for
the basic service tier of cable television rates is reasonable.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that:
1. The Rate Order attached hereto is hereby approved and the City Manager is hereby directed
and authorized to execute it and deliver an original thereof to Rifkin Narragansett South
Florida CATV Limited Partnership.
2. The title of this Resolution and the Rate Order attached hereto shall be published once in a
newspaper of general circulation in the City of Miami Beach.
PASSED AND ADOPTED this ~ day of March , 1998.
1~
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
.1Jjio/~ 2(;:~
~~} pCu~
CITY CLERK
F: \ATTO\LEVL\Il.ESO""ORO\RATEORDR. INC
IN THE MATTER OF
RATE REGULATION ESTABLlSHINGTHE )
MAXIMUM PERMITTED RATE TO BE SET )
ON THE BASIC SERVICE TIER BY RIFKIN )
NARRAGANSETT SOUTH FLORIDA CATV )
D/B/A CABLEVISION COMMUNICATIONS IN )
THE CITY OF MIAMI BEACH, FLORIDA )
RA TE ORDER
The City of Miami Beach, Florida hereby makes the following findings of fact and
conclusions of law:
JURISDICTION AND PROCEDURAL BACKGROUND
1. The City of Miami Beach (the "City") is certified by the Federal Communications
Commission to regulate cable rates in FCC Community Unit FL 0860 pursuant to 47 U.S.C.
9543, and 47 CFR 976.933.
2. The City has authorized Rifkin Narragansett South Florida CATV d/b/a CableVision
("Cablevision") to operate a cable television system in the City pursuant to a non-exclusive
franchise granted under Ordinance No. 86-2500 and amendments thereto.
3. After extensive rate negotiations between the City and CableVision, the City released an
Order Approving Rates on June 5, 1997, establishing a Maximum Permitted Rate of $10.25
per month for the basic service tier ("BST"), which was agreed to between the City and
CableVision.
4. On November 26,1997, the City received from CableVision an FCC Form 1210 proposing
to increase its BST from $10.25 to $10.93 per month.
5. On December 17, 1997, pursuant to 47 CFR 976.933, and City Commission Resolution No.
97 -22618, the City released an Order Tolling Deadline, to staying the effectiveness of the
proposed increase in the Maximum Permitted Rate for the BST until March 26, 1998.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
6. WHEREAS, based on the City's evaluation of the above-cited filings, the City has
determined that CableVision has used the correct current Permitted Charge of $10.25 in
the calculation of the proposed increase in the Maximum Permitted Rate for the BST and
that no other aspects of the proposed increase now before the City are subject to dispute.
7. ACCORDINGLY, the City has determined that CableVision's proposal to increase the
Maximum Permitted Rate for its BST from the current charge of $10.25 per month to a
Maximum Permitted Rate of $10.93 per month is reasonable, and may become effective
upon completion of all required public notice requirements and other requirements of law.
DONE AND ORDERED this 4th day of March ,1998, at the City of Miami Beach, Florida.
rgio Rodriguez
City Manager
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~Qo1L
ity Attorney
~~y
CITY OF MIAMI BEACH
AS FRANCHISING AUTHORITY REGARDING
THE FORM 1210 CABLE RATE FILING OF
RIFKIN NARRANGANSETT SOUTH FLORIDA CATV
LIMITED PARTNERSIDP
DIBI A CABLE VISION COMMUNICATIONS
JANUARY 24,1998
CITY OF MIAMI BEACH
T ABLE OF CONTENTS
PAGE
REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS ON
APPL YING AGREED-UPON PROCEDURES
1
SCHEDULE OF RECOMMENDED RATES
3
, ..' de "rl
, "
RCH
Rachlin
Cohen & ~
Holtz f I
f'l
CERTIFIED PUBLIC ACCOUNTANTS & CONSLLTA:\T5
A [',lrtnl'rsl1l[' Including I'robsion,ll Associations
Report of Independent Certified Public Accountants
on Aoolvin2 A2reed-Uoon Procedures
Honorable Mayor and City Commission
City of Miami Beach
We have performed the procedures enumerated below, which were agreed to by the City of Miami
Beach, Florida, solely to assist you in evaluating compliance with the requirements of the Federal
Communications Commission (FCC) with respect to Form FCC 1210 filed by Rifkin Narrangansett
South Florida CATV Limited Partnership D/B/A Cablevision Communications ("Cablevision",
"franchisee"). This engagement to apply agreed-upon procedures was performed in accordance with
standards established by the American Institute of Certified Public Accountants. The sufficiency of
these procedures is solely the responsibility of the specified user of the report. Consequently, we make
no representation regarding the sufficiency of the procedures described below either for the purpose for
which this report,has been requested or for any other purpose.
Our procedures and findings are as follows:
PROCEDURES
Pursuant to the City of Miami Beach's (the City) authorization dated December 24, 1997, we have
performed the following procedures with respect to FCC Form 1210 filed by Cablevision.
1) Analyzed key areas identified during the initial FCC Form 1210 review.
2) Reviewed supporting documentation to test the accuracy and validity of the amounts reported on
FCC Form 1210.
3) Analyzed FCC Form 1210 filed by Cablevision.
4) Determine reasonableness of permitted rate.
One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 · Dade (305) 3ii-~228 · Fax (305) 3ii,8331
700 Southeast Third Avenue, Third Floor, Ft.Lauderdale, Florida 33316 · Broward (95~) 525-1O~0 · Fax (95~) 525-2004
\Iember ot Summit Int~rnation~ll r\S~O(i,ltl'~. [ne with O.ificl's in Princip,ll Cl,ties Thwu~hotlt the \VorIJ
\-Iemher ut the Amenc,m Institute of CertIfIed Public AccountJnts DIVl':illm tor.~EC PradlCt' St:dlon Jnd the Pm'Jte C)mpanies PractICt.' St:ction
\.1ember of the Florida Illstltute 01 Cl'rtJtied Public Accountants
RCH
Honorable Mayor and City Commission
City of Miami Beach
Page 2
The following areas of concern were identified in connection with the FCC Form 1210 as follows:
. Previous Number of Channels per Regulated Tier
Cablevision, in its prior FCC Form 1210 filing as Gold Coast, used 34 channels in Tier 2 as the current
number of channels in that regulated tier. In the current filing, Cablevision used 33 channels as its
starting point, instead of 34. The correct number last time should have been 33 channels, but apparently
it was missed by all parties concerned and the mistake arose due to the fact that there was a shared
channel that was counted individually. This correction has no effect on the Basic Tier that the City
regulates, however it does effect Tier 2, not regulated by the City. The effect on the Tier 2 rate is that
Cablevision's maximum permitted rate increases mathematically by one cent, from $22.92 to $22.93.
FINDINGS
The calculated permitted rate of $1 0.93 appears reasonable.
We were not engaged to, and did not, perform an examination, the objective of which would be the
expression of an opinion on the FCC Form 1210. Accordingly, we do not express such an opinion. Had
we performed additional procedures, other matters might have come to our attention that would have
been reported to you.
This report is intended solely for the use of the specified user listed above and should not be used by
those who have not agreed to the procedures and taken responsibility for the sufficiency of the
procedures for their purposes.
~~~~
Miami, Florida
January 24, 1998
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IN THE MATTER OF
RATE REGULATION ESTABLlSHINGTHE )
MAXIMUM PERMITTED RATE TO BE SET )
ON THE BASIC SERVICE TIER BY RIFKIN )
NARRAGANSETT SOUTH FLORIDA CATV )
D/B/A CABLEVISION COMMUNICATIONS IN )
THE CITY OF MIAMI BEACH, FLORIDA )
RA TE ORDER
The City of Miami Beach, Florida hereby makes the following findings of fact and
conclusions of law:
JURISDICTION AND PROCEDURAL BACKGROUND
1. The City of Miami 8each (the "City") is certified by the Federal Communications
Commission to regulate cable rates in FCC Community Unit FL 0860 pursuant to 47 U.S.C.
9543, and 47 CFR 976.933.
2. The City has authorized Rifkin Narragansett South Florida CATV d/b/a CableVision
("Cablevision") to operate a cable television system in the City pursuant to a non-exclusive
franchise granted under Ordinance No. 86-2500 and amendments thereto.
3. After extensive rate negotiations between the City and CableVision, the City released an
Order Approving Rates on June 5, 1997, establishing a Maximum Permitted Rate of $10.25
per month for the basic service tier ("8ST"), which was agreed to between the City and
CableVision.
4. On November 26, 1997, the City received from CableVision an FCC Form 1210 proposing
to increase its 8ST from $10.25 to $10.93 per month.
5. On December 17,1997, pursuant to 47 CFR 976.933, and City Commission Resolution No.
97-22618, the City released an Order Tolling Deadline, to staying the effectiveness of the
proposed increase in the Maximum Permitted Rate for the 8ST until March 26, 1998.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
6. WHEREAS, based on the City's evaluation of the above-cited filings, the City has
determined that CableVision has used the correct current Permitted Charge of $10.25 in
the calculation of the proposed increase in the Maximum Permitted Rate for the BST and
that no other aspects of the proposed increase now before the City are subject to dispute.
7. ACCORDINGLY, the City has determined that CableVision's proposal to increase the
Maximum Permitted Rate for its BST from the current charge of $10.25 per month to a
Maximum Permitted Rate of $10.93 per month is reasonable, and may become effective
upon completion of all required public notice requirements and other requirements of law.
DONE AND ORDERED this _ day of February, 1998, at the City of Miami Beach, Florida.
Sergio Rodriguez
City Manager
~ITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
Ittp:\\ci.miami-beach. fl. us
COMMISSION MEMORANDUM NO.1 3> S- -9 g
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: Mazrch 4, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
RESOLUT i\.PPROVING THE EXECUTION OF A RATE ORDER FOR
A CABLE TELEVISION RATE INCREASE IN BASIC SERVICE
ADMINISTRATION RECOMMENDATION
Approve the Resolution
BACKGROUND
On June 5, 1997, the City Commission approved an increase in the legal maximum rate (the
"Maximum Permitted Rate"), that Rifkin Narragansett South Florida CATV Limited Partnership
d/b/a CableVision Communications ("Cable Vision"), could charge per month for the basic service
tier. The basic service tier consists of local broadcasts, educational, government and public access
channels and is the only tier of service that the City may regulate under the federal
Telecommunications Act of 1996, as amended. On November 26, 1997, the City received an FCC
Form 1210 from Cable Vision along with a notice that while Cable Vision has no current plan to
increase its charges for the basic service tier at this time, it desires to establish a Maximum Permitted
Rate of $10.93, which is an increase of $0.68 over the present Maximum Permitted Rate. On
December 17, 1997, the City Commission approved an Order Tolling Deadline pursuant to S76.933
of the Rules and Regulations of the Federal Communications Commission in order to give the City's
staff and its outside consultants sufficient time to review the FCC Form 1210. By a report dated
January 24, 1998, the City's Certified Public Accountants, RacWin, Cohen & Holtz advised the City
that the calculated Maximum Permitted Rate of$10.93 appears reasonable.
ANAL YSIS
Based on the extensive evaluation done by experts in the area of cable regulation, Cable Vision has
properly filed all necessary documentation and is entitled to raise the Maximum Permitted Rate
charged in the basic service tier from $10.25 to $10.93 per month.
CONCLUSION
The attached Resolution approves the proposed Rate Order and directs the City Manager to execute
same. The City Commission should approve this Resolution.
LALlbfg M
AGENDA ITEM R 11)
DATE 3..~-'1~
t':\ATrtllI.EVIX'OMMMEMO\RA'IH)RDR.l?lC