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HomeMy WebLinkAbout93-189 - ResolutionsNOTAPPBOVfD - 1-19-94 RESOI//fIC~ NO. 93-189 A RESOI//iTON OF THE CITY COUNCIL OF THE CITY OF RANCHO ~ ADOPTING ~ Pf~MITI~NG THE Rf~JfATI~ OF CABLE T~,R~ISION RATES FCR BASIC S~RVICE AND ~AT~D (i) ~ne City of Rancho O~3mc~ga (hereinafter "the Cit~') has granted a frand%ise to operate a cable televisic~ system to Marks ~_bleVision and Simmons ~ble TV; and (ii) ~ne City of Rancbx) Ow~monga adopted the County ~ regulating Ccmcast Cablevision and ham renewed that franchise on a quarterly basis; and (iii) The Federal Cable Television Consumer Protection and CompetitionAct of 1992 (hereinafter "the 1992 CableAct") permits the Cityto regulate certain rates of the cable television system; and (iv) The 1992 Cable Act directed the Federal Communications C~t,,L,~ssion (hereinafter "the FCC") to establish regulations and procedures by which a cable television franchising authority may regulate certain rates of a cable television system; and (v) The FCC regulations require a franchising authority to be certified by the FCC prior to being permitted to regulate certain rates of a cable television system; and (vi) A condition of the FCC rules requires that a franchising authority adopt regulations consistent with the FCC rules as a condition of the franchising authority certification process; and (vii) The City, as the franchising authority for the cable system operated by Marks CableVision, Sinm~ns C~_Dle TV and Cc~cast Cablevision desires to be certified by the FCC for regulation of certain cable television rates; and (viii) The City has sulmnittte~ a Form 328 prescribed in FCC regulations. And whereas a copy of the certification form ham been served on Marks C~_~levision, Simmons C~ble TV, and Cc~cast Cablevision by first class mail before the date said certification form was filed with the FCC; and (k) have occured. All legal preconditions to the adoption of this resolution B. RESOI33TION NOW THEREFORE, the City hereby finds and resolves as follows: SECTION 1. In all respects as set forth in the R~citals, Part A, of this Resolution. Resolution No. 93-189 Page 2 SECTION 2 That it will regulate cable television rates consistent with the procedures and conditioms est~ablished by the FCC, as they may, from time to time, be amended. As part of the rate regulation proceed/rigs, the City shall provide the oppo~ tunity for consideration of the views of SMCTION 3. The City Manager, or his designee, is also hereby authorized, empowered and instructed to file the necessary and pxx~er forms (includirg, but not limited to Form 329) prescribed in the FCC regulations for the regulation of rates by the FOC for those services not subject to regulation by the City, but subject to regulation by the FCC upon receipt of a request. A copy of the completed form shall be served contemporanecusly via first class mail on Marks CableVision, Simmons Cable TV and Ore, cast Cablevision should a cc~plaint be initiated. SfL~ION 4. ~nis resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. (kx~inued to 1-5-94 RESOLUTION NO. 93-189 A RESOLUTIONN OF THE CITY G0t~CIL OF T~{E CITY OF RAN(~O ~ ADOFlING PB0~-~'~t~ES I~{I~/~S T~E R~GUIATION OF CABLE T~.RVISION RATES F(~ BASIC S~VICE AND ~WAT~D (i) The City of Rancho O~m~3a (hereinafter "the Cit~') has ~=anted a franchise to operate a cable television system to Marks CableVision and Simmons Ca_ble TV; and (ii) The City of ~ O~m~ga _____~ed the Gounty G~dinance regulating Oc~cast Cablevision and has ~ that franchise on a quarterly basis; and (iii) The Federal Cable Television Consumer Protection and Cc~petition Act of 1992 (hereinafter "the 1992 Cable Act") permits the City to regulate certain rates of the cable television systsm; and (iv) ~ne 1992 Cable Act directed the Federal C~m~nications Cc~mission (hereinafter "the FCC") to est_ahlish regulations and procedures by which a cable television franchising authority may regulate certain rates of a cable television system; and (v) ~ne FCC regulations require a franchising authority to be certified by the FCC prior to being permitted to regulate certain rates of a cable television system; and (vi) A condition of the FCC rules re~ires that a franchising authority adopt regulations consistent with the FCC rules as a condition of the franchisirg authority certification process; and (vii) ~ne City, as the franchising authority for the cable s~ operated by Marks f~_bleVision, Simmons Cable TV and COmcast _f~_blevision desires to be oertified by the FCC for regulation of certain cable television (viii) The City ba~ submitt~ a Form 328 prescribed in FCC regulations. And whereas a copy of the certification form has been served on Marks (~_blevision, Simmons Cable TV, and Comcast Cablevision by first class mail before the date said certification form was filed with the FCC; and have occured. All legal preconditions to the adoption of this resolution NOW THEREFORE, the City hereby finds and resolves as follows: S~CTION 1. this Resolution. In all respects as set forth in the Recitals, Part A, of SqDCI~C~ 2 That it will regulate cable television rates consistent with the prooedures and conditions established by the FCC, as they may, from time to time, be amended. As part of the rate regulation prooeed/ngs, the City shall provide the oppol tunity for consideration of the views of SECT!C~ 3. The City Manager, or his designee, is also hereby authorized, e~ and instructed to file the nece~ry and proper forms (including, hut not limited to Form 329) prescritx~ in the FOC regulations for the regulatio~ of rates by the FCC for tJmose services not subject to re~ulatic~ by the City, but subject to regulation by the FCC upon reoeipt of a request. A copy of the oompleted form shall be served oc~ly via first class mail on Marks CableVision, Simmons Cable TV ar~ ~ C~_blevision should a oomplaint be initiat_~d_. S~I/ON 4. This resolution shall take effect immediately upon its _~_ption ....by the City Council, and the City Clerk shall certify the vote ~ing ~ ~l~ion.