98-22969 RESO
RESOLUTION NO. 98-22969
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 AN ORDER TOLLING
DEADLINE AND ACCOUNTING ORDER, A COPY OF WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN, WHICH GIVES
THE CITY AN EXTENSION OF TIME WITHIN WHICH TO REVIEW
PROPOSED CHANGES IN THE MAXIMUM PERMITTED RATE FOR
CABLE TELEVISION SERVICE WHICH HAVE BEEN FILED WITH THE
CITY BY RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP (D/B/A CABLEVISION COMMUNICATIONS) AND
REQUIRES CERTAIN RECORDS TO BE KEPT IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 22, 1998, the City of Miami Beach, Florida (the "City") received
FCC Form 1235 from Rifkin Narragansett South Florida CATV Limited Partnership (d/b/a!
CableVision Communications, and hereinafter referred to as "CableVision"), proposing an increase
in the Maximum Permitted Rate for basic cable television service within the City, from $11.44 per
month to $11.93 per month, an increase of $0.49; and
WHEREAS, pursuant to Federal Communications Commission ("FCC") rules and
regulations, the City has thirty (30) days to review the proposed change or request an extension of
time; and
WHEREAS, due to, among other things, the need for additional analysis by the City's
attorneys and accountants, and due to the need to request and/or consider additional information and
to consider comments from interested parties, and due to the schedule of meetings of the Mayor and
City Commission at which action can be taken on the Form 1235, , the City needs an extension of
time to complete its review and determine whether the proposed changes are permissible under the
rules and regulations of the FCC; and
WHEREAS, pursuant to Section 76.933 of the rules and regulation of the FCC, the City may
issue an Order Tolling Deadline, a copy of which is attached hereto and incorporated herein, tolling
for an additional 150 days the date on which the changes may take effect.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that:
Section 1. The issuance and execution by the City Manager of an Order Tolling Deadline
and Accounting Order, a copy of which is attached hereto and incorporated herein by this reference,
is hereby approved, and the City Manager is hereby authorized and directed to execute said Order
Tolling Deadline and Accounting Order and deliver said executed Order to Cablevision.
F:\A lTO\I.EVLlFRANCIIISITOLI.oRD.RES
Section 2.
This Resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this 18th day of November , 1998.
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MA YOR
ATTEST:
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CITY CLERK
(Resolution No. 98-22969)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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F:\A1TO\LEVL\~'RANClllS\TOLLOR(),RES
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
.tp:\\cLmiami-beach. fl. us
~ITY OF MIAMI BEACH
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.ljCj-9g
Mayor Neisen O. Kasdin and
Members of the City Co
DATE: November 18, 1998
Sergio Rodriguez
City Manager
A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA APPROVING THE ISSUANCE AND
EXECUTION BY THE CITY MANAGER OF AN ORDER TOLLING
DEADLINE AND ACCOUNTING ORDER, A COPY OF \VHICH 'IS
ATTACHED HERETO AND INCORPORATED HEREIN, WHICH GIVES
THE CITY AN EXTENSION OF TIME WITHIN WHICH TO REVIEW
PROPOSED CHANGES IN THE MAXIMUM PERMITTED RATE FOR
CABLE TELEVISION SERVICE WHICH HAVE BEEN FILED \VITH THE
CITY BY RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED
PARTNERSHIP (D/B/A CABLEVISION COMMUNICATIONS) AND
REQUIRES CERTAIN RECORDS TO BE KEPT IN CONNECTION
THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
ADMINISTRATIVE RECOMMENDATION
Adopt the Resolution
BACKGROUND
On October 22, 1998, the City of Miami Beach received the current FCC Form 1235 from
Cable Vision (Rifkin Narragansett South Florida CATV limited), our local cable franchise. This
filing proposes an increase in the basic cable television service maximum permitted rate based on
capital improvements (in this case fiberoptic upgrades) made by CableVision.
On November 4, 1998, the City Commission took no action on a CableVision proposal to raise the
basic cable rate based on their filing of the required 1210 form and the City's outside accountants'
substantiation of those figures. As a result of the Commission's "no action" response, the
CableVision rate automatically increased. Consequently, the basic rate being used as a calculation
is $11.44. The current tiling requests an increase of an additional $.49 which would establish $11.93
as the maximum permitted rate charge for basic cable service.
AGENDA ITEM
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11-( 8' -96
DATE
ANALYSIS
Based on the filing of Form 1235, CableVision seeks to establish $11.93 as its maximum permitted
rate. The Administration recommends the issuance of a 150 day Tolling Order to analyze the tiling
and meet with counsel and accountants. As has been done with the last several Tolling Orders
(December 27, 1996, and December 17, 1997), the Administration will use the services of Rachlin,
Cohen and Holtz, Certified Public Accountants to assess the current filing and will add the services
oflegal counsel and cable expert Matt Liebowitz. The City of Miami Beach has the right to regulate
the cable system's rate and charges in a manner consistent with all applicable FCC rules and
regulations which gives the City 30 days in which to review proposed changes. The issuance of the
Tolling Order will give the Administration the opportunity to validate the filing and do a thorough
evaluation of compliance with all relevant Federal regulations.
CONCLUSION
The attached Resolution approving the issuance and execution of the Tolling Order by the City
Manager is in the best interest of the City and should be approved.
SR:fA:PW
Attachment
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IN THE MATTER OF
RATE REGULATION
EST ABLISHING RATES TO BE SET
ON THE BASIC SERVICE TIER BY
RIFKIN NARRANGANSETT SOUTH
FLORIDA CATV D/B/A
CABLEVISION COMMUNICATIONS
IN THE CITY OF MIAMI BEACH,
FLORIDA
/
ORDER TOLLING DEADLINE AND ACCOUNTING ORDER
Pursuant to Section 76.933 of the Rules and Regulations of the Federal Communications
Commission, the City of Miami Beach, Florida (the "City") issues the following Order:
1. WHEREAS, on October 22, 1998, the City received an FCC Form 1235 filed by
Rifkin Narragansett South Florida CATV Limited Partnership, d/b/a Cablevision
Communications ("Cablevision") proposing certain changes in the Maximum
Permitted Rate for the basic tier of cable television service, which increase is based
on plant upgrades.
2. WHEREAS, the City has determined that the 30 day period accorded by Section
76.933 to review these rate changes prior to their taking effect is inadequate due to
the need for additional analysis of the proposed rate changes.
3. WHEREAS, the City is unable to determine whether the proposed rate changes are
permissible under the rules and regulations of the Federal Communications
Commission without consideration of additional information and comments from
interested parties.
Accordingly, it is hereby ordered that the effectiveness ofthe proposed rate changes is hereby
tolled for an additional 150 days from the date on which the changes would take effect under Section
76.933 to and including April 20, 1999.
In order to preserve the City's right to order refunds to subscribers in the City of Miami
Beach, the City hereby orders Cablevision, pursuant to 47 CFR Section 76.933(c), to keep an
accurate account of any and all amounts received during the pendency of this Order by reason of the
rate in issue and on whose behalf such amounts were paid.
F: \ATTO\LEVL\FRANCHIS\ TOLLORD. RES
DONE and ORDERED this ~ day of
Florida.
November , 1998, at the City of Miami Beach,
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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F, \ATTO\LEVL\FRANCHIS\ TOLLORD. RES