Ord 129-93 10/5/1993 4
ORDINANCE NO. r aq ,C1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS PRESCRIBING REGULATIONS FOR RATES
CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE
BASIC SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE
DATE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Federal Communications Commission ("FCC")
has issued rules pursuant to the Cable Television Consumer
Protection and Competition Act, Pub. L. No. 102-385 (1992)
("1992 Cable Act") , implementing the regulation of cable
television subscriber rates; and,
WHEREAS, these rules allocate the regulation of rates for
the basic service tier and associated equipment rates to local
franchising authorities and require local authorities to
become certified and adopt their own regulations governing the
process or rate regulation; and,
WHEREAS, the City of Wichita Falls franchises cable
television service for the benefit of its citizens; and,
WHEREAS, the City has submitted its application for
certification to the FCC and it is expedient to adopt the
required regulations now, in order to implement regulations at
the earliest possible date to obtain the most competitive
rates for the City's cable ratepayers.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. Definitions
In this ordinance:
BASIC CABLE RATES means the monthly charges for a
subscription to the basic service tier and the associated
equipment.
BASIC SERVICE TIER means a separately available service
tier to which subscription is required for access to any other
tier of service, including as a minimum, but not limited to,
all must-carry signals, all PEG channels, and all domestic
television signals other than superstations.
BENCHMARK means a per channel rate of charge for cable
service and associated equipment which the FCC has determined
is reasonable.
CABLE ACT OF 1992 means the Cable Television Consumer
Protection and Competition Act of 1992 .
CABLE OPERATOR means any person or group of persons:
(A) who provide cable service over a cable system
and directly or through one or more affiliates owns a
significant interest in such a cable system; or,
(B) who otherwise controls or is responsible for,
through any arrangement, the management and operation of such
a cable system.
CHANNEL means a unit of cable service identified and
selected by a channel number or similar designation.
COST OF SERVICE SHOWING means a filing in which the cable
operator attempts to show that the benchmark rate or the price
cap is not sufficient to allow the cable operator to fully
recover the costs of providing the basic service tier and to
continue to attract capital.
FCC means the Federal Communications Commission.
INITIAL BASIC CABLE RATES means the rates that the cable
operator is charging for the basic service tier, including
charges for associated equipment, at the time the city
notifies the cable operator of the city's qualification and
intent to regulate basic cable rates.
MUST-CARRY SIGNAL means the signal of any local broadcast
station (except superstations) which is required to be carried
on the basic service tier.
PEG CHANNEL means the channel capacity designated for
public, educational, or governmental use, and facilities and
equipment for the use of that channel capacity.
PRICE CAP means the ceiling set by the FCC on future
increases in basic cable rates regulated by the city, based on
a formula using the GNP fixed weight price index, reflecting
general increases in the cost of doing business and changes in
overall inflation.
REASONABLE RATE STANDARD means a per channel rate that is
at, or below, the benchmark or price cap level.
SUPERSTATION means any non-local broadcast signal
secondarily transmitted by satellite.
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SECTION 2 . Initial Review of Basic Cable Rates
(a) Notice. Upon the adoption of this ordinance and the
certification of the city by the FCC, the city shall
immediately notify all cable operators in the city, by
certified mail, return receipt requested, that the city
intends to regulate subscriber rates charged for the basic
service tier and associated equipment as authorized by the
Cable Act of 1992 .
(b) Cable operator response. Within thirty (30) days of
receiving notice from the city, a cable operator shall file
with the city, its current rates for the basic service tier
and associated equipment and any supporting material
concerning the reasonableness of its rates.
(c) Expedited determination and public hearing.
(1) if the City Council is able to expeditiously
determine that the cable operator's rates for the basic
service tier and associated equipment are within the FCC's
reasonable rate standard, as determined by the applicable
benchmark, the City Council shall:
(A) hold a public hearing at which interested
persons may express their views; and,
(B) act to approve the rates within thirty
(30) days from the date the cable operator filed its basic
cable rates with the city.
(2) If the City Council takes no action within
thirty (30) days from the date the cable operator filed its
basic cable rates with the city, the proposed rates will
continue in effect.
(d) Extended review period.
(1) If the City Council is unable to determine
whether the rates in issue are within the FCC's reasonable
rate standard based on the material before it, or if the cable
operator submits a cost-of-service showing, the City Council
shall, within thirty (30) days from the date the cable
operator filed its basic cable rates with the city and by
adoption of a formal resolution, invoke the following
additional periods of time, as applicable, to make a final
determination:
(A) Ninety (90) days if the City Council needs
more time to ensure that a rate is within the FCC's reasonable
rate standard; or,
(B) One hundred fifty (150) days if the cable
operator has submitted a cost-of-service showing seeking to
justify a rate above the applicable benchmark.
(2) If the City Council has not made a decision
within the ninety (90) or one hundred fifty (150) day period,
the City Council shall issue a brief written order at the end
of the period requesting the cable operator to keep accurate
account of all amounts received by reason of the proposed rate
and on whose behalf the amounts are paid.
(e) Public hearing. During the extended review period
and before taking action on the proposed rate, the City
Council shall hold at least one public hearing at which
interested persons may express their views and record
objections.
(f) Objections. An interested person who wishes to make
an objection to the proposed initial basic rate may request
the city secretary to record the objection during the public
hearing or may submit the objection in writing anytime before
the decision resolution is adopted. In order for an objection
to be made part of the record, the objector must provide the
city secretary with the objector's name and address.
(g) Benchmark analysis. If a cable operator submits its
current basic cable rate schedule as being in compliance with
the FCC's reasonable rate standard, the City Council shall
review the rates using the benchmark analysis in accordance
with the standard form authorized by the FCC. Based on the
City Council's findings, the initial basic cable rates shall
be established as follows:
(1) If the current basic cable rates are below the
benchmark, those rates shall become the initial basic cable
rates and the cable operator's rates will be capped at that
level.
(2) If the current basic cable rates exceed the
benchmark, the rates shall be the greater of the cable
operator's per channel rate on September 30, 1992, reduced by
10 percent, or the applicable benchmark, adjusted for
inflation and any change in the number of channels occurring
between September 30, 1992 , and the initial date of
regulation.
(3) If the current basic cable rates exceed the
benchmark, but the cable operator's per channel rate was below
the benchmark on September 30, 1992, the initial basic cable
rate shall be the benchmark, adjusted for inflation.
(h) Cost-of-service showings. If a cable operator does
not wish to reduce the rates to the permitted level, the cable
operator shall have the opportunity to submit a cost-of-
service showing in an attempt to justify an initial basic
cable rates above the FCC's reasonable rate standard. The
City Council will review a cost-of-service submission pursuant
to FCC standards for cost-of-service review. The City Council
may approve initial basic cable rates above the benchmark if
the cable operator makes the necessary showing; however, a
cost-of-service determination resulting in rates below the
benchmark or below the cable operator's September 30, 1992
rates minus 10 percent, will prescribe the cable operator's
new rates.
(i) Decision.
(1) By formal resolution. After completion of its
review of the cable operator's proposed rates, the City
Council shall adopt its decision by formal resolution. The
decision shall include one of the following:
(A) If the proposal is within the FCC's
reasonable rate standard or is justified by a cost-of-service
analysis, the City Council shall approve the initial basic
cable rates proposed by the cable operator; or,
(B) If the proposal is not within the FCC's
reasonable rate standard and the cost-of-service analysis, if
any, does not justify the proposed rates, the City Council
shall establish initial basic cable rates that are within the
FCC's reasonable rate standard or that are justified by a
cost-of-service analysis.
(2) Rollbacks and refunds. If the City Council
determines that the initial basic cable rates as submitted
exceed the reasonable rate standard or that the cable
operator's cost-of-service showing justifies lower rates, the
City Council may order the rates reduced in accordance with
Paragraph (g) or (h) above, as applicable. In addition, the
City Council may order the cable operator to pay to
subscribers, refunds of the excessive portion of the rates
with interest (computed at applicable rates published by the
Internal Revenue Service for tax refunds and additional tax
payments) retroactive to September 1, 1993 . The method for
paying any refund and the interest rate will be in accordance
with FCC regulations as directed in the City Council's
decision resolution.
(3) Statement of reasons for decision and public
notice. If rates proposed by a cable operator are disapproved
in whole or in part, or if there were objections made by other
parties to the proposed rates, the resolution must state the
reasons for the decision and the City Council must give public
notice of its decision. Public notice will be given by
advertisement once in the official newspaper of the city.
J 1
(j) Appeal. The City Council's decision concerning
rates for the basic service tier or associated equipment, may
be appealed to the FCC in accordance with applicable federal
regulations.
SECTION 3 . Review of Request for Increase in Basic Cable
Rates.
(a) Notice. A cable operator in the city who wishes to
increase the rates for the basic service tier or associated
equipment shall file a request with the city and notify all
subscribers at least thirty (30) days before the cable
operator desires the increase to take effect. This notice may
not be given more often than annually and not until at least
one year after the determination of the initial basic cable
rates.
(b) Expedited determination and public hearing.
(1) if the City Council is able to expeditiously
determine that the cable operator's rate increase request for
basic cable service is within the FCC's reasonable rate
standard, as determined by the applicable price cap, the City
Council shall:
(A) hold a public hearing at which interested
persons may express their views; and,
(B) act to approve the rate increase within thirty
(30) days from the date the cable operator filed its request
with the city.
(2) If the City Council takes no action within
thirty (30) days from the date the cable operator filed its
request with the City, the proposed rates will go into effect.
(c) Extended review period.
(1) if the City Council is able to determine whether
the rate increase is within the FCC's reasonable rate standard
based on the material before it, or if the cable operator
submits a cost-of-service showing, the City Council shall, by
adoption of a formal resolution, invoke the following
additional periods of time, as applicable, to make a final
determination:
(A) Ninety (90) days if the City Council needs
more time to ensure that the request increase is within the
FCC's reasonable rate standard as determined by the applicable
price cap; and,
(B) One hundred fifty (150) days if the cable
operator has submitted a cost-of-service showing seeking to
justify a rate increase above the applicable price cap.
(2) The proposed rate increase is tolled during the
extended review period.
(3) If the City Council has not made a decision
within the ninety (90) or one hundred fifty (150) day period,
the City Council shall issue a brief written order at the end
of the period requesting the cable operator to keep accurate
account of all amounts received by reason of the proposed rate
increase and on whose behalf the amounts are paid.
(d) Public hearing. During the extended review period
and before taking action on the requested rate increase, the
City Council shall hold at least one public hearing at which
interested persons may express their views and record
objections.
(e) Objections. An interested person who wishes to make
an objection to the proposed rate increase may request the
city secretary to record the objection during the public
hearing or may submit the objection in writing anytime before
the decision resolution is adopted. In order for an objection
to be made part of the record, the objector must provide the
city secretary with the objector's name and address.
(f) Delayed determination. If the City Council is
unable to make a final determination concerning a requested
rate increase within the extended time period, the cable
operator may put the increase into effect, subject to
subsequent refund if the City Council later issues a decision
disapproving any portion of the increase.
(g) Price cap analysis. If a cable operator presents
its request for a rate increase as being in compliance with
the FCC's price cap, the City Council shall review the rate
using the price cap analysis in accordance with the standard
form authorized by the FCC. Based on the City Council's
findings, the basic cable rates shall be established as
follows:
(1) If the proposed basic cable rate increase is
within the price cap established by the FCC, the proposed
rates shall become the new basic cable rates.
(2) If the proposed basic cable rate increase
exceeds the price cap established by the FCC, the City Council
shall disapprove the proposed rate increase and order an
increase that is in compliance with the price cap.
(h) Cost-of-service showings. If a cable operator
submits a cost-of-service showing in an attempt to justify a
rate increase above the price cap, the City Council will
review the submission pursuant to the FCC standards for cost-
of-service review. The City Council may approve a rate
increase above the price cap if the cable operator makes the
necessary showing; however, a cost-of-service determination
resulting in a rate below the price cap or below the cable
operator's then-current rate will prescribe the cable
operator's new rate.
(i) Decision. The City Council's decision concerning
the requested rate increase shall be adopted by formal
resolution. If a rate increase proposed by a cable operator
is disapproved in whole or in part, or if objections were made
by other parties to the proposed rate increase, the resolution
must state the reasons for the decision. Objections may be
made at the public hearing by a person requesting the city
secretary to record the objection or may be submitted in
writing at any time before the decision resolution is adopted.
(j) Refunds.
(1) The City Council may order refunds of
subscribers' rate payments with interest if:
(A) the City Council was unable to make a
decision within the extended time period as described in
Paragraph (c) above; and
(B) the cable operator implemented the rate
increase at the end of the extended review period; and,
(C) the City Council determines that the rate
increase as submitted exceeds the applicable price cap or that
the cable operator failed to justify the rate increase by a
cost-of-service showing, and the City Council disapproves any
portion of the rate increase.
(2) The method for paying any refund and the
interest rate will be in accordance with FCC regulations as
directed in the City Council's decision resolution.
(k) Appeal. The City Council's decision concerning
rates for the basic service tier or associated equipment, may
be appealed to the FCC in accordance with applicable federal
regulations.
SECTION 4. Cable Operator Information
(a) City may require.
(1) In those cases when the cable operator has
submitted initial rates or proposed an increase that exceeds
the reasonable rate standard, the City Council may require the
cable operator to produce information in addition to that
submitted, including proprietary information, if needed to
make a rate determination. In these cases, a cable operator
may request the information be kept confidential in accordance
with this section.
(2) in cases where initial or proposed rates comply
with the reasonable rate standard, the City Council may
request additional information only in order to document that
the cable operator's rates are in accord with the standard.
(b) Request for Confidentiality.
(1) A cable operator submitting information to the
City Council may request in writing that the information not
be made routinely available for public inspection. A copy of
the request shall be attached to and cover all of the
information and all copies of the information to which it
applies.
(2) If feasible, the information to which the
request applies shall be physically separated from any
information to which the request does not apply. If this is
not feasible, the portion of the information to which the
request applies shall be identified.
(3) Each request shall contain a statement of the
reasons for withholding inspection and a statement of the
facts upon which those reasons are based.
(4) Casual requests which do not comply with the
requirements of this subjection shall not be considered.
(c) City Council Action. Requests which comply with the
requirements of Subsection (b) , will be acted upon by the City
Council. The City Council will grant the request if the cable
operator presents by a preponderance of the evidence, a case
for non-disclosure consistent with applicable federal
regulations. If the request is granted, the ruling will be
placed in a public file in lieu of the information withheld
from public inspection. If the request does not present a
case for non-disclosure and the City Council denies the
request, the City Council shall take on of the following
actions:
(1) If the information has been submitted
voluntarily without any direction from the city, the cable
operator may request that the city return the information
without considering it. Ordinarily, the city will comply with
this request. Only in the unusual instance that the public
interest so requires, will the information be made available
for public inspection.
(2) If the information was required to be submitted
by the City Council, the information will be made available
for public inspection.
(d) Appeal. If the City Council denies the request for
confidentiality, the cable operator may seek review of that
decision from the FCC within five (5) working days of the City
Council's decision, and the release of the information will be
stayed pending review.
SECTION 5. Automatic Rate Adjustments
(a) Annual inflation adjustment. In accordance with FCC
regulations, the cable operator may adjust its capped base per
channel rate for the basic service tier annually by the final
GNP-PI index.
(b) Other external costs.
(1) The FCC regulations also allow the cable
operator to increase its rate for the basic service tier
automatically to reflect certain external cost factors to the
extent that the increase in cost of those factors exceeds the
GNP-PI. These factors include re-transmission consent fees,
programming costs, state and local taxes applicable to the
provision of cable television service, and costs of franchise
requirements. The total cost of an increase in a franchise
fee may be automatically added to the base per channel rate,
without regard to its relation to the GNP-PI.
(2) For all categories of external costs other than
re-transmission consent and franchise fees, the starting date
for measuring changes in external costs for which the basic
service per channel rate may be adjusted will be the date on
which the basic service tier becomes subject to regulation, or
February 28, 1994, whichever occurs first. The permitted per
channel charge may not be adjusted for costs of re-
transmission consent fees or changes in those fees incurred
before October 6, 1994 .
(c) Notification and review. The cable operator shall
notify the city at least thirty (30) days in advance of a rate
increase based on automatic adjustment items. The city shall
review the increase to determine whether the item or items
qualify as automatic adjustments. If the city makes no
q Y adjustments. Y
objection within thirty (30) days of receiving notice of the
increase, the increase may go into effect.
SECTION 6. Enforcement
(a) Refunds. The City may order the cable operator to
refund subscribers a portion of previously paid rates under
the following circumstances:
(1) A portion of the previously paid rates have
been determined to be in excess of the permitted tier charge
or above the actual cost of equipment; or,
(2) The cable operator has failed to comply with a
valid rate order issued by the city.
(b) Fines. If the cable operator fails to comply with a
rate decision or refund order, the cable operator shall be
subject to a fine of Five Hundred ($500. 00) Dollars each day
the cable operator fails to comply.
SECTION 7. It is hereby officially found and determined
that the meeting at which this ordinance was passed was open
to the public as required by law.
PASSED AND APPROVED this the 5th day of October, 1993 .
isMIP
A O
ATTEST:
City Clerk
AD 539793
Affidavit of Publication
ORDINANCE NO.125.93
AN ORDINANCE OF-THE-CITY THE STATE OF TEXAS
COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING COUNTY OF WICHITA
CHAPTER 11,SECTION 11-3 OF
THE CODE OF ORDINANCES,
(F REGULATING THE POUT!- ere)
CAL ACTIVITIES OF CIVIL
SERVICE EMPLOYEES AND 21st October
REPEALING SECTION 11-8 OF On this day of
THE CODE OF ORDINANCES
THAT ASSESSES PENALTIES •
FOR NON-USE OF THIS 1993
ARTICLE; FINDING AND DE- A.D. personally appeared before me, the undersigned authority
TERMINING THAT THE
MEETING AT WHICH THIS Karen Cobb
ORDINANCE WAS PASSED bookkeeper
WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW; for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
PROVIDING FOR PUBLI-
CATION;PROVIDING FOR AN Times/Record News, a newspaper published at Wichita Falls in Wichita County,
EFFECTIVE DATE; AND RE-
PEALING ALL ORDINANCES g duly by IN CONFLICT HEREWITH. p Texas, and upon bein dui sworn b me, on oath states that the attached
ORDINANCE NO.126-93
AN ORDINANCE OF THE CITY advertisement is a true and correct copy of advertising published
COUNCIL OF THE CITY OF 1 (one following WICHITA FALLS AMENDING in issues thereof on the followin dates:
CHAPTER 24, SECTION 24-21 3
OF THE CODE OF ORDI-
NANCES CLASSIFYING THE 4. October 21 , 1993
NUMBER OF POSITIONS ,
UNDER CIVIL SERVICE FOR ��
POLICE OFFICERS IN THE / / / i
CITY OF WICHITA FALLS; L J L�� /
FINDING AND DETERMIN-
ING THAT THE MEETING AT
WHICH THIS ORDINANCE Bookkeeper for Times Publishing Company
WAS PASSED WAS OPEN TO - ' '""
THE PUBLIC AS REQUIRED 1 •L' of Wichita Falls
BY LAW; PROVIDING FOR
PUBLICATION; PROVIDING Z' --`"^'•-e
FOR AN EFFECTIVE DATE; 6, r y
REPEALING ALL ORDI-.CALF ;Subscribed and sworn to before me this the day and year first above written:
NANCES IN CONFLICT HERE= �.
WITH .g,,..,,..E.-..;::-•.,�...;,,t;
ORDINANCE NO.127.93
ORDINANCE WAIVING SEC- ✓// 1 J r\tlis
TION L^.„—„'22-1(a)(9)AND SECTION
NANCES TO PERMIT SIGNS
AND ALCHOLIC BEVERAGES 1
DURING A RUNNING EVENT
OCTOBER 16,1993 IN JAYCEE I ' -
PARK
ORDINANCE NO.128-93
ORDINANCE WAIVING SEC- ORDINANCE NO.131-93 ORDINANCE NO.133-93
TION 22-1(a)(9) TO PERMIT I ORDINANCE WAIVING SEC- ORDINANCE APPROPRIAT-
S I G N S D U R I N G A N I TION 27-29 OF THE CODE OF I ING FUNDS RECEIVED FROM
ALZHEIMER ASSOCIATION ORDINANCES WITH RE- THE TEXAS DEPARTMENT
EVENT OCTOBER 29, 1993 IN I SPECT TO PLACING A SIDE- OF TRANSPORTATION FOR
LUCY PARK WALK ALONG.THE NORTH PLANNING ASSISTANCE-FOR
ORDINANCE NO.129.93 SIDE OF WHITE STREET AD- THE TRANSIT FUND
AN ORDINANCE OF THE CITY JACENT TO THE SOUTH LINE I ORDINANCE NO.134-93
COUNCIL OF THE CITY OF OF LOT 1, BLOCK 4, IRRIGA- ORDINANCE TO REPEAL
WICHITA FALLS PRESCRIB- TION SUBDIVISION AND THE SECTION 10 (E) OF APPEN-
ING REGULATIONS FOR SOUTH SIDE OF OLEN DIX A (COMPREHENSIVE
RATES CHARGED TO CABLE STREET ADJACENT TO THE SUBDIVISION ORDINANCE)
TELEVISION SUBSCRIBERS NORTH LINE OF LOT 1, i OF THE CODE OF ORDI-
FOR THE BASIC SERVICE BLOCK 4, IRRIGATION SUB- NANCES
TIER; PROVIDING THAT DIVISION ORDINANCENO.135-93 '
T H I S ORDINANCE I S ORDINANCE N0.132-93 AN ORDINANCE OF THE CITY
CUMULATIVE;PROVIDING A 1 ORDINANCE WAIVING AP- COUNCIL OF THE CITY OF
SEVERABILITY CLAUSE; PENDIX A, SUBDIVISIONS WICHITA FALLS AMENDING
PROVIDING FOR PUBLI- SECTION 9(B)(2)(a)OF THE SECTION 5-48 OF THE CODE
CATION; PROVIDING AN EF- CODE OF ORDINANCES WITH OF ORDINANCES TO PERMIT
FECTIVE DATE; FINDING RESPECT TO PLACING CURB THE KEEPING OF POT
AND DETERMINING THAT ' AND GUTTER ON THE NORTH BELLY PIGS WITHIN THE
THE MEETING AT WHICH SIDE OF WHITE STREET AD- CORPORATE LIMITS; FIND-
THIS ORDINANCE WAS JACENT TO THE SOUTH LINE ING AND DETERMINING
PASSED WAS OPEN TO THE OF LOT 1, BLOCK 4, IRRIGA- THAT THE MEETING AT
PUBLIC AS REQUIRED BY TION SUBDIVISION AND THE WHICH THIS ORDINANCES
LAW 1 SOUTH SIDE OF OLEN WAS PASSED WAS OPEN TO
ORDINANCE NO.130-93 STREET ADJACENT TO THE THE PUBLIC AS REQUIRED
ORDINANCE TO REPEAL NORTH SOUTH SIDE OF OLEN BY LAW.
SECTION 32-68 THROUGH AND STREET ADJACENT TO THE -
INCLUDING SECTION 32-85 OF NORTH LINE OF LOT 1,
THE CODE OR ORDINANCES BLOCK 4, IRRIGATION SUB-
REGARDING THE EX- DIVISION
TENSION OF WATER ,AND
' SEWER SERVICE, AND;TO
APPROVE:,AMENDED SEC-
TIONS 32-68 THROUGH AND
INCLUDING SECTION 32-85 i
ORDINANCE NO.131-93
ORDINANCE WAIVING SEC-
TION 27-29 OF THE CODE OF
ORDINANCES WITH RE-
SPECT TO PLACING A SIDE-
WALK ALONG.THE NORTH
SIDE OF WHITE STREET AD-
JACENT TO THE SOUTH LINE