RES-2004-011 2004 Rate Order Resolution for Cable Services in Unincorporated Orange Co

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~ ~S • boa ~1 ~ a ~ ~ o ~- C `? -- ~d~~ ,b 16 STATE OF NORTH CAROLINA ORANGE COUNTY NC-0256, NC-0276 a&b BEFORE THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF: ) The Review of FCC 1240 Annual Rate ) Adjustment Request, FCC1235 ) Abbreviated Cost of Service Rate Request, ) and FCC 1205 Equipment and Installation ) Rate Request filed by Time Warner ) Cable ) An Order Finding Time Warner Cable's 2004 FCC1240 Basic Service Tier, FCC1235 Cost of Service Rates and FCC1205 Installation Rates Comply with the FCC's Rules and are Subject to the Conditions Stated Herein WHEREAS, in accordance with the provisions of the Cable Television Consumer Protection and Competition Act of 1992 (1992 Act), the Federal Telecommunications Act of 1996 (1996 Act), the County Code, and regulations adopted pursuant to that Code, the County is permitted to regulate rates for basic cable services and associated equipment; WHEREAS, Time Warner Cable of Raleigh-Durham (Time Warner) submitted FCC1240 Updating Annual Maximum Permitted Rates filings for Regulated Cable Services with the County., Time Warner's filings encompass external costs, inflation, and program costs for the True-up period of October 2002 through September 2003, and the projected period of January through December 2004; WHEREAS, the County received a report from its Consultant stating that Time Warner submitted its FCC1240 before the FCC published its October 2003 updated inflation factors; Time Warner's FCC 1240 rate calculations comply with the FCC's rate-making rules; WHEREAS, Time Warner submitted a consolidated "Company' FCC 1205 Determining Regulated Equipment and Installation Costs filing with the County to set the regulated rate for the Hourly Service Charge, Installation Services and Equipment rental rates; WHEREAS, the County is certified with the FCC to regulate basic service tier rates provided by Time Warner in the County;