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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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<br />-6- <br />Wake County: Raleigh $1020 <br />Wake County: Rolesville $1I 00 <br />Wake County $1260 <br />Wake County: Wake Forest $11.00 <br />Wake County: Wendell $11.10 <br />Wake County: Zebulon $10.30 <br />Wake Forest $11..00 <br />Wendell $11.10 <br />Wilson $12 40 <br />Zebulon $10.50 <br />Average Selected Rate ~ $11.47 <br />Rationale: The guiding principle of the Cable Act of 1992,3 is to protect subscribers from <br />unreasonable rates by ensuring that cable rate levels aze equivalent to rates that would be charged <br />in the presence of effective competition." Anecdotal evidence of rates examined in six matched <br />pair markets by the GAOS where Cable Operators face true effective wireline competiton reveals <br />that rates in these communities are between I S% and 41 % lowerb than in communities where <br />single providers offer service "at-the-curb.." The GAO reported offered that cable operators tend <br />to lower their rates when they face competition from another wireline provider.' <br />The FCC's rate-making process (forms1240, 1235 & 1205) was originally designed to adjust for <br />defacto monopoly conditions and yield a rate that would be found in the competitive wireline <br />marketplace. <br />3Specifically, the 1992 Cable Act requues the Commission's regulations "shall be designed to achieve the <br />goal of protecting subscribers of any cable system that is not subject to effective competition from rates for the basic <br />service tier that exceed the rates that would be chazged for the basic service tier if such cable system were subject to <br />effective competition." Communications Act, § 623(b)(I), 47 U.S.C. § 543(b)(1) <br />4As the FCC stated in its first rate rulemaking order: "The priority established in the Act is clearly to protect <br />the interests of subscribers. An important focus for both basic tier and cable programming service rates, consistent <br />udth providing system operators a fair return, is the establishment of rate levels equivalent to rates that would be <br />charged in the presence of effective competition. The criteria to be applied in setting both basic tier and cable <br />programming service rates include a comparison a~th `the rates for cable systems, if any, that aze subject to effective <br />competition."'See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of <br />1992, 8 FCC Rcd 5631 at para Sand footnote 10 [April 1993 Report and Order]. <br />SWire-Based Competition Benefefitted Consumers in Selected Mazkets, United States General Accounting <br />Office, Febmary 2004.. <br />6GA0 Report Highlights, February 2004 at page I . <br />~G.0.0 Report, February 2004 at page30. <br />
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