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WHEREAS, as of the date of this Rate Order, the FCC has not ruled on Time Warner's appeal of the <br />Town of Smithfield's Rate Order; <br />WHEREAS, the County received Time Warner's 2003 FCC1205 rate filing and cannot delay <br />implementation of its 2002 Rate Order pending a timely ruling by the FCC in the Smithfield matter; and <br />WHEREAS, the County is certified with the FCC to regulate basic service tier rates provided by Time <br />Warner in the County. <br />NOW THEREFORE THE COUNTY BOARD MAKES THE FOLLOWING FINDINGS: <br />THAT Time Warner's Combined Maximum Pernutted Rates for Basic Tier Service are reasonable; <br />THAT Time Warner's Combined Maximum Permitted Rates for Basic Tier Service are reasonable; <br />THAT Time Warner did not justify the reasonableness of its "Company" $35.84 HSC nor its selected <br />$34.95 HSC rate; <br />THAT Time Warner's selected $34.95 HSC Rate is unreasonable; <br />THAT Time Warner may charge a Basic Service Tier rate below the approved combined maximum <br />pernutted rate; <br />THAT Time Warner shall not implement its 2002 FCC1205 HSC rate nor its selected $34.95 HSC rate; <br />and <br />THAT Time Warner has substantiated the other adjustments to its cable service rates based on past and <br />estimated cost elements. <br />IT IS THEREFORE ORDERED: <br />THAT Time Warner's Combined Maximum Permitted Rate for Basic Tier Service is reasonable and that <br />Time Warner may charge a combined "selected" BST rate below the approved maximum pernutted rates, but not <br />above it; <br />THAT the maximum permitted Basic Service Tier rate for Time Warner subscribers for the projected <br />period shall not exceed $13.83 in ETJ nor $11.51 in County per month, subject to subsequent fmdings by the Board <br />to the contrary; <br />THAT Time Warner's HSC Rate for Equipment and Installation Service $35.84 is not reasonable and its <br />selected a$34.95 HSC is unreasonable and neither shall be come effective; <br />THAT Time Warner must keep a full and accurate account of all revenues and costs associated with the <br />aforementioned HSC rate adjustments and, upon a 30 day request, submit a refund plan to the County regarding the <br />distribution of customer refunds pursuant to any overcharges associated with the January 2002 FCC1205 HSC rate <br />implementation; <br />THAT this Order shall be effective immediately and an executed original copy provided to Time Warner <br />Cable and copies provided to the public. <br />