Orange County NC Website
~~s -a~~,=~~ 1 ~,~-~ s ~~. <br />ORANGE COUNTY NORTH CAROLINA ~p~7/OAS <br />Accepting the Rates Contained in the FCC Form 1240 and Form 1205 Filed by Time Warner Cable for <br />2005 and Rejecting the Form 1235 Rate Requested by Time Warner Cable Because the Form FCC1235 <br />"Add-on" Rate No Longer Complies with the FCC's Cost of Service Rate Rules and Ordering That a <br />Revised Form 1235 and Financial Upgrade Cost Recovery Summary Statement Be Presented to Orange <br />County within 30-days from the Date of This Rate Order. Further, Orange County Adopts the Report <br />Prepared by Action Audits, LLC., as its Own. <br />WHEREAS, Orange County, North Carolina ("County") has initiated the regulation of rates and charges <br />for the provision of basic service, equipment and installation of cable television pursuant to the Cable Television <br />Consumer Protection and Competition Act of 1992; <br />WHEREAS, the County is certified by the FCC to regulate basic service tier rates and permitted to <br />regulate rates for basic cable service, equipment and installation; <br />WHEREAS, Time Warner Cable is a duly franchised cable operator for the County and whose rates for <br />basic service, equipment and installation are regulated by the County; <br />WHEREAS, on September 30,2004 the County received the following forms: 1240, 1235; and 1205 from <br />Time Warner Cable; <br />WHEREAS, the County has received and carefully considered a report from Action Audits, LLC <br />(hereinafter referred to as "Report") which reviewed the forms 1240, 1235, and 1205; <br />WHEREAS, the Report states that the form 1240 sets the regulated rate for the Basic Service Tier; <br />WHEREAS, the Report states that the form 1240 rate calculations properly calculate inflation, <br />programming, copyright fees; <br />WHEREAS, the form 1235 sets the regulated rate for the Monthly Network Upgrade Add-on charge; <br />WHEREAS, the Report states that continued reliance on the initial form.1235 rate calculation to properly <br />recover upgrade costs is no longer valid; <br />WHEREAS, the Report states that the form 1205 properly sets the regulated rate for Installation and <br />Equipment rates; <br />WHEREAS, after appropriate public notice, a public hearing was held for the purpose of allowing the <br />public and interested parties to comment on the rates; <br />WHEREAS, Time Warner Cable was, given the opportunity to provide written and oral comments to the <br />County with respect to the rates and the draft form of this Rate Order; and <br />WHEREAS, the County has carefully considered the materials, forms and statements submitted by Time <br />Warner Cable. <br />