AGENDA #4d

 

MEMORANDUM

 

TO:

Roger L. Stancil, Town Manager

 

 

FROM:

Catherine Lazorko, Town Information Officer

 

 

SUBJECT:

Consideration of Resolution Finding Time Warner Cable Basic Service Tier Rates Consistent with Federal Regulations

 

 

DATE:

February 12, 2007

 

 

Federal regulations allow the Council to review Time Warner Cable Basic Service Tier rates to determine whether such rates are accurately calculated and consistent with applicable rules.  The purpose of this memorandum is to provide information about the rates that became effective on February 1, 2007.

 

A resolution is attached, which accepts the cable consultant’s report and finds Time Warner’s proposed rates to be accurately calculated according to FCC rules and regulations.

 

BACKGROUND AND DISCUSSION

 

On December 5, 2006, Time Warner Cable notified us (Attachment 1) of its rates for 2007, following its submission of FCC Forms 1240 and 1205 (Attachment 2).  The rates for Basic Cable Service for Chapel Hill and Durham have decreased from last year.  The rates for Tier 2 and Digital Tier, both of which are unregulated, have increased.

 

Basic Cable Service Tier rate currently is set at $13.91 a month for Chapel Hill customers and $9.35 a month for Durham customers. This reflects a decrease from the 2006 monthly rate. However, other rates have increased.  Chapel Hill customers receiving Basic Cable Service,
Tier 2 and Digital Tier have seen an increase from $61.30 per month in 2006 to $64.20 per month in 2007. Monthly rates for Durham customers receiving the same service level went from $64 in 2006 to $67.05 in 2007.

 

Time Warner Cable Basic Tier Rates

 

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Chapel Hill System (710)

$7.70

$7.70

$9.04

$7.67

$8.28

$9.50

$10.10

$11

$11.25

$10.60

$10.60

$9.35

Durham System (520)

$9.63

$10.00

$10.25

$9.99

$12.39

$13.70

$13.40

$14.25

$14.30

$14.50

$14.50

$13.91

 

In addition to the Basic Cable Service, the Town reviews the rates on some cable equipment and installation rates. Other cable television services such as Tier 2 and Digital Tier are not subject to regulation by either local franchising authorities or the FCC. Basic Cable Service consists of approximately 22 channels of mainly broadcast stations that are received off the air and public, education and governmental access channels. Tier 2, according to Time Warner Cable, consists of approximately 52 channels for both Durham and Chapel Hill. The Digital Tier currently consists of approximately 90 video channels.

 

Each year, Time Warner furnishes the Town with information about rate changes, which we provide for review to Adrian Herbst, the Town’s cablevision consultant.  Mr. Herbst has reviewed the data to determine whether Time Warner calculated the updated Basic Service Tier rates in a manner consistent with Federal Communications Commission (FCC) guidelines, the Time Warner Social Contract, and the Telecommunications Act of 1996.  It is the consultant’s conclusion that the Basic Service rates are accurately calculated according to the rules of the FCC (Attachment 3).

 

RECOMMENDATION

 

That the Council adopt the attached resolution, which accepts the consultant’s report and finds Time Warner’s proposed rates to be accurately calculated according to FCC rules and regulations. 

 

ATTACHMENTS

  1. December 5, 2006, Letter and FCC Forms from Mr. Brad Phillips, Vice President, Government and Public Affairs, Time Warner Cable-Raleigh Division (p. 4).
  2. October 30, 2006, Letter from Mr. Richard Bennett, Vice President, Finance, Time Warner Cable-Raleigh Division. The FCC forms are on file in the Town Clerk’s Office and will be posted on the Town website at www.townofchapelhill.org for review (p. 7).
  3. January 17, 2007, Letter from Mr. Adrian Herbst and Report from Charles Gramlich (begin new page 1).