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~D <br />STATE OF NORTH CAROLINA <br />ORANGE COUNTY <br />Tolling and Accounting Order to <br />IN THE MATTER OF: ) Extend the Review Period for <br />Regulated Cable Service Provided by Time ) Time Warner Cable's 2003 <br />Warner Cable to its Orange County Cable ) FCC-1240, 1205, 1235 Rate Filing <br />Television Subscribers, NC-0256 & 0276 ) 'Through January 2003 <br />BEFORE THE BOARD OF COUNTY COMMISSIONERS: <br />WHEREAS, on October 1, 2002, Time Warner Cable submitted an FCC-1240 Updating Maximum <br />Permitted Rates filing, FCC-1205 Determining Regulated Equipment and Installation costs, and FCC-1235 cost of <br />Service Filing for Cable Network Upgrades for Regulated Cable Service with the County, Time Warner Cable's <br />filing includes actual and estimated costs it may incur during the projected period January -December 2003, along <br />with previous expenses from the "true up" period October 2001-September 31, 2002; <br />WHEREAS, the Federal Communications Commission has promulgated rate filing procedures that allow <br />cable operators to estimate future external costs, and costs associated with system upgrades, and recover those <br />projected costs utilizing the FCC-1240 filing process, performed annually; <br />WHEREAS, the County is certified with the FCC to regulate basic cable service, equipment and <br />installation rates and services within the County; and <br />WHEREAS, the FCC §76.933 grants franchise authorities the ability to toll the time in which to review <br />rate filings submitted by cable operators, extending the period of review from the initia130 days, to an additiona190 <br />days (120 days total) past the original date of receipt by the franchise authority. <br />IT IS THEREFORE ORDERED: <br />THAT the time period in which the County has to review Time Warner Cable's FCC-1240 rate filing is <br />tolled 90 days past the origina130 days (120 days total) allowed by the FCC, extending the total review period <br />deadline; and <br />THAT Time Warner Cable is directed to maintain a complete and accurate accounting of all costs and <br />revenues associated with the aforementioned filing. <br />ISSUED BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS: <br />This the _ day of 2002. <br />BY: <br />Mayor <br />ATTEST: <br />Clerk <br />Deliver via Certified U.S. Mail to: Paul Baccellieri, Vice President-Finance; Time Warner Cable, Raleigh-Durham Division <br />File copy to: Robert F. Sepe, Action Audits, LLC <br />