97-22618 RESO
RESOLUTION NO. 97-22618
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, 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.
WHEREAS, on November 26, 1997, the City of Miami Beach, Florida (the "City") received FCC
Form 1210 from Rifkin Narragansett South Florida CATV Limited Partnership (d/b/a! CableVision
Communications ("CableVision"), proposing an increase in the Maximum Permitted Rate for basic cable
television service within the City, from $10.25 per month to $10.93 per month, an increase of$0.68; 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 and the schedule of
meetings ofthe Mayor and City Commission at which action can be taken on the Form 1210, , 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 90 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, a copy of which is attached hereto and incorporated herein, is hereby approved, and the City
Manager is hereby authorized and directed to execute said OrderTolling Deadline and deliver said executed
Order to Cablevision.
Section 2. This Resolution shall take effect immediately upon its adoption.
PASSED and ADOPTED this 17 th day of December" Ii
MAYOR
ATTEST: ~
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C TY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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~ITY OF MIAMI BEACH
;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ttp :\\ci. miam i-beach. fl. us
COMMISSION MEMORANDUM NO. ~-9l
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: December 17,1997
FROM:
Jose Garcia-Pedrosa, City Manager
SUBJECT:
A RESOLUTION OF THE A YOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, LORIDA APPROVING THE ISSUANCE AND
EXECUTION BY THE CITY MANAGER OF AN ORDER TOLLING
DEADLINE, A COPY OF WHICH IS A TT ACHED 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.
ADMINISTRATIVE RECOMMENDATION
Approve the Resolution
BACKGROUND
On November 26, 1997, the City of Miami Beach received the current FCC Form 1210 from
CableVision (formerly Gold Coast Cable Company), our local cable franchise. Based on numbers
they have prepared, CableVision seeks to establish $10.93 as its maximum permitted rate -- an
increase of $.68. After conferring with the City's Washington Legal Counsel Robert Gurss, it has
been determined that the Administration should seek the opportunity to evaluate the foregoing. The
procedure utilized to initiate this process is for the City Manager to issue a Tolling Order to the cable
franchisee. (The City of Miami Beach has the right to regulate the cable system's rates and charges
in a manner consistent with all applicable FCC rules and regulations.) As was done with the last
Tolling Order issued December 27, 1996, the Administration will use the services of Rachlin, Cohen
and Holtz, Certified Public Accountants to assess the current filing.
The letter from Cable Vision advising of the entitlement based on their new Form 1210 is attached.
Adoption of the Resolution will give the Administration the opportunity to validate the filing and
do a thorough evaluation of compliance with all relevant Federal regulations. Doing so will
substantiate future requests for a rate increase which are predicated on this base permitted rate.
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.
JGP:RS:pp
AGENDA ITEM
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IN THE' MATTER OF
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RATE REGULATION ESTABLISHING
RATES TO BE SET ON
THE~BASIC SERVICE TIER BY
RIFKIN NARRANGANSETT SOUTH
FL6RIDA CATV D/B/A CABLEVISION
COMMUNICATIONS IN THE
CITY OF MIAMI BEACH, FLORIDA
ORDER TOLLING DEADLINE
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 November 26, 1997, the City received an
FCC Form 1210 filed by Rifkin Narragansett South
Florida CATV Limited Partnership d/b/a Cablevision
Communications ("Cablevision") proposing certain
changes in the Maximum Permitted Rate for cable
television service.
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 of the proposed rate changes is hereby tolled
for an additional 90 days from the date on which the changes
would take effect under section 76.933 to and including
March 26, 1998. ~
DONE and ORDERED this ~ day of December, 1997, at
the City of Miami Beach, Florida.
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Date
Garcia-Pedrosa,
Manager
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December 3, 1997
VIA FAX: (305) 673-7no2
l.awrl~llce A. Levy. Esquire
First Assistant City AHorncy
City or Miami Beach
1700 Convention Center Drive
Fourth 1,'1001'
Miami Reach, Florida 331 J9
Dcarl.arry:
This is in response to your inquiry regarding the Foml 1210 subrniLLt:d to the City
of Miami Bcarh on Novemht:r 2(1. 1997, hy Rifkin Narragansett. We have done a very
preliminary review of the Form 1210, and it appears that they have t(,)lIowcd the proper
proccdurc for l'equl~sting an increase in their Maximum Permitted Rate. Ilowever, Wl~
have not attempted to verify that the information in the Form ) 210 is correct or that thl~
calculations contained therein are accurate,
The City has the right to challenge the tindings in the Form 12) 0 within 30 days
(i.e., by December 26), The City also has the oplion of notifying Rifkin within 30 d<lYS
that it needs additional time and tolling the deadline fi.)r an additional 90 days.
Please let lIS know if you have any questions and need additional int'c..lfIllation at
this lime,
SinC~~e~~Y. _.
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'" Robert M. Gurss
97 NOV 26 AM 10: 16
November 20,1997
RIFKIN &ASSOCIATES,INC.
Jose Garcia-Pedrosa,
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: RIFKIN NARRAGANSETT SOUTH FLORIDA CATV LIMITED PARTNERSHIP d/b/a
CABLEVISION COMMUNICATIONS ("CABLEVISION"), SUBMISSION OF ITS FCC FORM 1210
SUPPORTING BASIC SERVICE TIER RATES CHARGED IN THE CITY OF MIAMI BEACH [FL0406],
THE VILLAGE OF BAL HARBOUR [FL0411], AND THE TOWN OF GOLDEN BEACH [FL0412]
Dear Mr. Garcia-Pedrosa:
Enclosed is CableVision's current FCC Form 1210 completed with recent information respective to inputs
to that form. As you will see, based on current subscriber numbers, channels, programming costs,
copyright fees and inflation factors, CableVision's Maximum Permitted Rate has risen to $10.93 from it's
current level of$IO.25, an increase of$0.68.
While CableVision has no current plans to increase its Basic Service Tier rate at this time, it would like to
establish $10.93 as its Maximum Permitted Rate. Also enclosed, is supporting documentation regarding
current subscriber numbers, programming costs, copyright fees, and channel line-ups. This information
should allow the City a thorough evaluation of CableVision's enclosed Form 1210. However, should you
find that you need additional information to complete your review, do not hesitate to contact me at your
convemence.
Of course, any adjustment to CableVision's Basic Service Tier rate subsequent to the City's review and
final rate order regarding CableVision's enclosed Form 1210, will be subject to requisite notifications to the
City as well as to CableVision's customers.
Thank you for your attention to this matter.
Sincerely,
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C.".,
Dan Ryan,
Director - Operations & Regulatory Affairs
Enclosures
cc: Tony Bello - General Manager, CableVision
Above-listed franchise authorities
360 South Monroe Street. Denver, CO 80209 . 303-333-1215 · (Fax) 303-322-3553
(
IN THE MATTER OF )
)
RATE REGULATION ESTABLISHING )
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
Pursuant to section 76.933 of the Rules and Regulations of
the Federal Communications Commission, the City of Miami
Beach, Florida (lithe City") issues the following Order:
1. WHEREAS, on November 26, 1997, the City received an
FCC Form 1210 filed by Rifkin Narragansett South
Florida CATV Limited Partnership d/b/a Cablevision
Communications ("Cablevision") proposing certain
changes in the Maximum Permitted Rate for cable
television service.
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 of the proposed rate changes is hereby tolled
for an additional 90 days from the date on which the changes
would take effect under Section 76.933 to and including
March 26, 1998. ~
DONE and ORDERED this /7 day of December, 1997, at
the City of Miami Beach, Florida.
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Date
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Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION