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

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a~ Perhaps most tellingly, even NATOA (of which Mr. Sepe is a member) itself has recently acknowledged that the FCC rules do not require cable operators to refile Form 1235 each year. See "White Paper on FCC Form 1235" prepared for NATOA by Front Range Consulting, Inc. and filed with the Commission in MB Docket No. 02-144 (Oct. 7, 2004). AA fails to cite even a single statement; instruction, or ruling by the FCC that would support its contention that we must recalculate our Form 1235 filings on an annual basis. This silence speaks volumes: if the FCC rules required annual Form 1235 updates, one would expect there to be at least one instance in which the FCC had referred to that requirement. In short, there is not a single statement to support the AA position. There is overwhelming authority illustrating that AA is simply wrong -once again. In conclusion, the FCC's rules and decisions absolutely preclude the County from rejecting our previously-approved Form 1235 network upgrade charge. The FCC has not hesitated to reverse other rate orders where AA has pursued other unsupported positions, including the order at issue in the Durham case cited above.s Experience clearly demonstrates that, if the County follows AA's recommendation, it will be the County's taxpayers and TWC's customers that will bear the cost of the appeal and remand that inevitably will follow. We strongly urge the County to follow the FCC rules and approve our proposed maximum permitted rate calculation for 2005, including the previously-approved Form 1235 charge. If there are any questions regarding this matter, please do not hesitate to contact me directly. Very truly yours, Gary R. Matz GRM/ja cc: Brad Phillips -Time Warner Cable, Raleigh Division Paul Baccellieri -Time Warner Cable, Raleigh Division $ Id. e See also Time Warner Cable (Smithfield, NC), 18 FCC Rcd 738 (MB, 2003).. 3.