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Agenda - 05-03-2005-5j
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Agenda - 05-03-2005-5j
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Last modified
9/2/2008 12:03:16 AM
Creation date
8/29/2008 10:19:05 AM
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BOCC
Date
5/3/2005
Document Type
Agenda
Agenda Item
5j
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RES-2005-036 Adoption of 2005 Rate Order for Cable Services in Unincorporated Orange County
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\Board of County Commissioners\Resolutions\2000-2009\2005
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io <br />-~- <br />As a local government authority certified to regulate rates, it is The County's responsibility to <br />enforce the fundamental guiding principles of the Cable Act of 1992 and the FCC's rate <br />regulation rules: "to protect the interests of subscribers from unreasonable rates by ensuring that <br />cable rate is equivalent to rates that would be charged in the presence of effective competition." <br />It is flee responsibility of file County to make certain that the rates aze promulgated in accordance <br />with the FCC's rate rules. <br />Analysis of the Proposed Rate Adjustments <br />TWC's form 1240 rate adjushnents reflect the following external post elements: external costs <br />for true-up and projected periods, inflation from true-up and projected periods; franchise related <br />(PEG} expenses, any program expense adjustrnents, Generally FCC regulatory fees, franchise <br />fees and sales taxes aze external to the calculation of the subscriber monthly bill. <br />External Cost: TWC's form 1240 rate adjustments reflect multiple external cost elements. An <br />external cost is an expense a cable operator incurs during the normal course of business and may <br />be included in rate calculations. External cost categories aze state and local taxes; franchise fees; <br />costs of complying with franchise requirements, including costs of providing public, educational, <br />and governmental access channels; retransmission consent fees and copyright fees incurred for' <br />the carriage of broadcast signals; other programming costs; FCC regulatory fees, and costs <br />associated with channel additions. <br />The form 1.240 Form must be filed with the local franchise authority ninety (90) days before the <br />rates are scheduled to take effect and maybe filed no more frequently than annually, The form <br />1240 rate filing method represents a departure from the quarterly method of updating cable rates, <br />in that it allows cable operators to estimate their furirre costs fora 12 to 24-month period: this is <br />referred to as the projected period,e The form1240 allows operators to recover prior period <br />expenses, referred to as the true-up period. If a cable operator incorrectly estimates its costs for a <br />projected period, it must correct those estimates by using thetrue-up process in the next rate <br />filing. <br />Inflation Adjusrinent: In its form 1240 rate filing, TWC applied an inflation factor of 2.84% for <br />the last 9-months of the 2004 true-up period, because that was the official rate prrblished by the <br />FCC, <br />Franchise Related Expenses(Public Access or I-Nett: TWC reported no franchise related <br />expenses for 2005. Franchise related costs incuned by the operator may include such expenses <br />as public, government and education access facilities and equipment, signal transportation, <br />headend accormnodations as well as Institutional Network related expenses,. <br />sFCC Fomr ] 210 Forms allow for the recovery of past costs, only, not future costs. Future costs aze <br />recoverable throueh the use of the FCC Form 1240 Form only <br />
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