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<br />*Estimated Recovery for Select LFAs <br /> * TWC refuses to provide financial information to the LFAs contrary to FCC rules. As such, <br />these values are ‘estimates.’ <br /> <br />Estimated Recovery for Select LFAs <br />Conclusion <br /> It appears that Time Warner Cable recovered more money from its customers than was <br />invested to deploy fiber optic cable and perform the cable upgrade in each of the previous <br />communities and perhaps others. <br /> Without financial disclosure, the magnitude of any over recovery is unknown. <br /> <br />TW Acts to Terminate Local Authority <br /> July 2002, Time Warner files Petition for Special Relief with FCC to deregulated 33 local <br />governments. <br /> Time Warner asserted satellite subscribers in franchise areas exceed 15%. <br /> August 2002, LFAs file opposition showing that Time Warner’s calculations are bogus. <br /> <br />LFAs Challenge Cable Rates <br /> 2002 - 2003 Time Warner amends petition 4 times and introduces “new” computations. <br /> LFAs counter by demonstrating that “new” computations are similarly flawed. <br /> In 2001, 2003, 2004 & 2005, various NC LFAs challenge Time Warner’s rate filings based on <br />improper interpretation and application of Federal law and FCC rate rules. <br /> <br />Local Authority Terminated <br /> Spring 2005, Time Warner’s attorneys lobby FCC to suspend local government rate-making <br />authority. <br /> March 11, 2005 – FCC’s Media Bureau grants Time Warner’s Petition. <br /> TWC petitions FCC to make ruling retroactive to 2002. <br /> Impact – LFA’s right to order refund of over collected upgrade monies is in jeopardy. <br /> <br /> Commissioner Halkiotis asked for a copy of this presentation as soon as possible. He <br />said that this has been the history of big corporations. He thinks that it is despicable that the <br />North Carolina Association of County Commissioners uses this group as a sponsoring group at <br />some conferences. He also thinks it is despicable that even NACO has used them and that <br />local agencies use them as sponsors in Orange County. He refuses to attend these functions. <br /> Commissioner Jacobs said that it might be appropriate to write a letter to NCACC to <br />protest the use of Time Warner funds to sponsor the annual convention when they are stealing <br />money from other constituent governments and customers. Commissioner Halkiotis seconded <br />this. <br /> Commissioner Gordon said that it is a shame that this money has been collected and <br />not properly utilized. She asked Bob Sepe what the Board should do. <br /> Bob Sepe said that he had suggested that the Board ask under their franchise authority <br />and to bring it to the attention of the attorney general, and to contact the legislative delegation.