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WHEREAS, FCC rules grant local franchise authorities an initial ninety day review period, measured from <br />the date of receipts of said filing by the franchise authority, with which to review the cable operator's FCC <br />1240 rate filing. If said ninety day review period expires before the rates go into effect, the franchise <br />authority retains review and refund authority past the initial ninety day review period as long as all <br />inquiries from the cable operator regarding said review are responded to in writing within fifteen days of <br />said inquiry; and <br />WHEREAS, Time Warner's rate filing includes cast estimates for the calendar year of 2000, and said <br />estimates shall require adjustment (true up), due to changes into the 2000 projected period's inflation <br />factor effects the 2001 BST MPR in TWC's subsequent FCC 1240 rate filling for 2001; and <br />WHEREAS, the County is certified with the FCC to regulate basic service tier rates provided by Time <br />Warner Cable in franchise NC-0256 and NC 0276. <br />IT IS A FINDING <br />THAT time Warner Cable's Basic Service Tier rate assessed subscribers within the County shall not <br />exceed the maximum permitted rate, subject to modifications in subsequent findings by the cable <br />operator or franchise authority, and Time Warner's FCC 1240 BST MPR shall not exceed $8.60 monthly <br />for Carrboro System served customers, $8.74 monthly far Chapel Hill System served customers, <br />and $10.18 monthlyfor Durham System served customers and Time Warner's FCC 1235 Add-on <br />Network Upgrade Charge cannot exceed $1.81 monthlyfor Chapel Hill system served customers and <br />$2.11 for Durham System served customers during the 2000 calendar year; and <br />THAT Time Warner Cable may charge a Basic Service Tier rate below the approved Maximum <br />Permitted Rate, but not above it; and <br />THAT Time Warner may charge a Network Upgrade Charge rate below the approved Maximum <br />Permitted Rate, but not above it; and <br />THAT Time Warner Cable has by in large substantiated the other adjustments to its Cable Service rates <br />based on past and estimated cost elements; and <br />THAT Time Warner has complied with FCC rate making rules, and its requested Maximum Permitted <br />BST and COS "Add-on" rates are found to be reasonable and subject to any refund liability due to for the <br />projected period's inflation factor adjustment at the time the FCC 1240 BST filing for 2001 is submitted. <br />IT IS THEREFORE ORDERED <br />THAT Time Warner's FCC 1240 BST MPR shall not exceed $8.60 monthly for Carrboro System <br />served customers, $8.74 monthly far Chapel Hill System served customers, and $10.18 monthly <br />for Durham System served customers and Time Warner's FCC 1235 Add-on Network Upgrade <br />Charge cannot exceed $1.81 monthly for Chapel Hill System served customers and $2.11 for <br />Durham System served customers during the 2000 calendar year, subject to subsequent findings by <br />the County to the contrary, during the 2000 calendar year; and <br />THAT Time Warner may charge a Basic Service Tier rate below the approved Maximum Permitted <br />Rate, but not above it; and <br />THAT the County retains its authority to issue refunds or rate roll backs after the initial ninety day review <br />period with respect to the restructured rate set out in the FCC 1240 or FCC 1235 filings; and <br />THAT Time Warner must keep a full and accurate account of all revenues and costs associated with the <br />aforementioned cable rate adjustment <br />VOTE: AYES, 4; NO, 1 {Commissioner Brown) <br />10. REPORTS <br />a. Report on Fairview Park Ball Field Options <br />