Agenda - 05-03-2005-5j - Laserfiche WebLink

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a~ Now, Therefore, Orange Coun13~, North Carolina Malces the Follov\ing Findings of Fact and Conclusions of Law with Respect to the Proposed Rate to be Charged lime Warner Cable Customers: The County incorporates by reference all of the preamble set forth above; The County has reviewed the Report and incorporates by reference the Report, which is attached hereto; The County finds that Lime Warner Cable's Maximum Permitted Rate for Basic Tier Service ($10.26 for NC-0276a, $13 61 forNC-0276b, and $11.30 forNC-0256) asset forth in the form 1240 does comply with the FCC's rate regulations; The County fords that the initial "Add-on"Rate for Basic Tier Service contained in the form] 235 does not comply with the FCC's Abbreviated Cost-of-Service Rules for system upgrades. Said rules require [he upgrade cost allocation recovery fee based on channeUservice/bandwidth allocation which set an original "Add- on"rate of $1.81 forNC-0276a, $2.11 for NC-0276b, and $1.45 forNC-0256. Going forward, the FCC's Cost of Sendce rules require the operator to ensure that regulated service subscribers do not pay for unregulated service costs, and that the Company does not over recover the cost of its upgrade, byperiodically recalculating its "Add-on" rate to accommodate such changes as the proportion ofregulated band~nridth, the current customer count and capital cost recovery reductions attributed to accumulated depreciation; The continued reliance on the form 1235 rate approved 5-yeazs eazlier does not comply with the FCC's Abbreviated Cost of Service Rules for system upgrades capital investment recovery; and The County finds that the InstaAation and Equipment rates set forth in the form 1205 comply with the FCC's rate regulations, Now, Therefore, Be it Ordered by Orange County, North Carolina, That: Time Warner Cable's Maximum Permitted Rate for Basic Tier Service rate contained in the form FCC1240 does comply with the FCC's rate regulations and is hereby accepted; Time Warner Cable is permitted to implement its form 1240 ($10.26 for NC-0276a, $13.61 for NC- 02766, and $11.30 for NC-0256) rate beginning ,Tamary I , 2005; Time Warner Cable's form 1235 $1.81 for NC-0276a, $2_.11 for NC-0276b, and $1.45 for NC-0256 "Add-on" rate no longer complies with the FCC's Cost of Service rotes and is rejected; Thne Warner Cable is notpermitted nor authorized to recover its form1235 $1.81 forNC-0276a, $Z. I 1 for NC-0276b, and $1,45 for NC-0256 "Add-on" rate beginning .January I, 2005; Time Warner Cable must submit to the County within 30-days from the date of this Rate Order for approval a revised form 1235 that properly calculates the current Add-on rate using the FCC's Cost of Service Rules', Lime Warner Cable is requued to submit to the County within 30-days from the date of this Rate Order a financial statementshowing the original upgrade investment (cost), accumulated depreciationby yeaz,current residual value by yeaz, the amount recovered to date by year, an estimate of'dre remaining cost recovery period and the customer count for each year since the Add-on rate has been in effect; Time Warner Cable's Installation and Equipment rates contained in the form 1205 comply u~th the FCC's rate regulations and are accepted; The County adopts the Report as its own;