RES-1999-007 Resolution - Order Finding Time Warner Cable's 1999 Proposed Selected Basic Service Tier Rates as Reasonable and Providing Conditional Approval

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C- STATE OF NORTH CAROLINA ORANGE COUNTY BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF: ) Order Finding TWC's 1999 Review of FCC 1240 Annual Basic ) Proposed Selected Basic Service Tier Rate Adjustment Request Service Tier Rates as . filed by Time Warner Cable for Reasonable and Providing NC-0256&NC-0276 Conditional Approval. BY THE BOARD OF COUNTY COMMISSIONERS: WHEREAS,Time Warner Cable submitted three FCC 1240 Updating Annual Maximum Permitted Rates filings for Regulated Cable Services with the County. Time Warner's filing covers external costs,inflation, and cable system upgrade costs for the true up period of October 1, 1997 through September 30, 1998,and the projected period of January 1, 1999 through December. 31, 1999; WHEREAS,Time Warner Cable is permitted,pursuant to the Social Contract and Thirteenth Order on Reconsideration, to estimate and recover anticipated inflation, external costs, and cable system upgrade costs for the period of January 1, 1999 through December 31, 1999; WHEREAS,on January 3, 1999,the County received a report from its consultant stating that Time Warner's FCC 1240 BST rate calculations are in compliance with Federal Communications Commission rate making rules,and'that the requested maximum permitted Basic Service Tier Selected rate was calculated in compliance with the FCC's rate making rules; WHEREAS,FCC rules grant local franchise authorities an initial ninety(90)day review period,measured from the date of receipt of said filing by the franchise authority,with which to review the cable operator's FCC 1240 rate filing. If said ninety(90)-day review period expires before the rates go into effect,the franchise authority retains review and refund authority past the initial ninety(90)day review period as long as all inquiries from the cable operator regarding said review are responded to in writing within fifteen(15) days of said inquiry; WHEREAS,Time Warner's rate filing includes cost estimates for the calendar year of 1999, and said estimates shall require adjustment(true up),due to changes in the fourth quarter 1998 inflation factor which effected the 1999 BST APR,in the cable operator's subsequent FCC 1240 rate filing for 2000; and WHEREAS,the County is certified with the FCC to regulate basic service tier rates provided' by Time Warner Cable in franchise NC-0256 and NC 0276.