HomeMy WebLinkAboutCC RESO 93-145RESOLUTION NO. 93-145
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE SUBMISSION OF A CERTIFICATION APPLICATION TO THE
FEDERAL COMMUNICATIONS COMMISSION CONCERNING THE REGULATION OF
BASIC CABLE TELEVISION SERVICES. DECLARING ITS INTENTION TO ADOPT
RULES AND REGULATIONS. AND SCHEDULING A PUBLIC HEARING FOR THE
PURPOSE OF CONSIDERING SAID RULES AND REGULATIONS
This Resolution was not adopted at the City Council
Meeting of October 12, 1993.
DATE: October 13, 1993
` C
Lor Anne Peoples
City Clerk
414L Advice/
RESOLUTION NO. 93-145
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE SUBMISSION OF A
CERTIFICATION APPLICATION TO THE
FEDERAL COMMUNICATIONS COMMISSION
CONCERNING THE REGULATION OF
BASIC CABLE TELEVISION SERVICES,
DECLARING ITS INTENTION TO ADOPT RULES AND
REGULATIONS, AND SCHEDULING A PUBLIC HEARING FOR
THE PURPOSE OF CONSIDERING SAID RULES AND REGULATIONS
WHEREAS, the Cable Television Consumer Protection and Competition Act
of 1992 (the "1992 Cable Act") provides, in relevant part, that franchising authorities can
regulate the rates for Basic Cable Service, as defined in the 1992 Cable Act, in
accordance with Basic Service Rate regulations prescribed by the Federal Communica-
tions Commission (the "Commission") upon certification by the Commission; and
WHEREAS, the Commission has adopted final rules and regulations
implementing Section 623 of the 1992 Cable Act in the Report and Order and Further
Notice of Proposed Rulemaking, MM Docket 92-266, Released May 3, 1993, effective
June 21 and September 1, 1993; and
WHEREAS, a franchising authority seeking jurisdiction to regulate Basic
Service Rates, as defined in the 1992 Cable Act, must obtain authorization from the
Commission to so regulate; and
WHEREAS, to receive such approval, the franchising authority must file
a written certification with the Commission certifying that:
1. The franchising authority will adopt and administer regulations with
respect to the rates subject to regulation under 47 U.S.C. Section 543(b) that are
consistent with the regulations prescribed by the Commission thereunder; and
2. The franchising authority has the legal authority to adopt, and the
personnel to administer, such regulations; and
3. Procedural laws and regulations applicable to rate regulation
proceedings have been adopted, or will be adopted, by such franchising authority which
provide a reasonable opportunity for consideration of the views of interested parties; and
Continued on Page Two
Resolution No. 93-145
Page 2 of 3
WHEREAS, the City Council of the City of National City, as the governing
body of the franchising authority, hereby desires to authorize the City Manager, or his
designee, to file on its behalf all necessary forms, documents, and applications with the
Commission which are necessary and proper to allow it to regulate Basic Service Rates,
as defined in the 1992 Cable Act; and
WHEREAS, the City Council further desires to schedule a hearing to consider the
adoption of rules and regulations to regulate Basic Service rates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City as follows:
Section 1. Under the laws of the United States, the Constitution and
Statutes of the State of California, and the ordinances, agreements, and procedures of the
City of National City, the City of National City possesses the legal authority to adopt
regulations concerning rates for basic cable television services.
Section 2. The City of National City possesses sufficient personnel to
administer said regulations.
Section 3. The City of National City will adopt and administer regulations
with respect to the rates subject to regulation under 47 U.S.C. Section 543(b) that are
consistent with the regulations prescribed by the Federal Communications Commission.
Section 4. Procedural laws and regulations applicable to rate regulation
proceedings will be adopted by the City of National City which will provide a reasonable
opportunity for consideration of the views of interested persons.
Section 5. The City of National City has no actual knowledge that the
cable system, identified in Section 2(b) of FCC Form 328 and operating in its
jurisdiction, is subject to Effective Competition and thus, based upon the presumption
established in §76.609 of the Code of Federal Regulations, ("CFR"), said cable operator
operating within its jurisdiction is not subject to Effective Competition.
Continued on Page Three
Resolution No. 93-145
Page 3 of 3
Section 6. The City Manager, or his designee, is hereby authorized
empowered, and instructed to file necessary and proper forms, certifications, documents,
and applications as prescribed in CFR §76.610 by (1) registered mail, return receipt
requested; or (2) hand delivery to the Commission and a date stamp copy obtained. A
copy of the certification form described herein shall be served on the cable operator, or
cable operators, on or before the date said certification form is filed with the Commis-
sion.
Section 7. The City Council does hereby declare its intention to adopt
rules and regulations implementing Section 623 of the 1992 Cable Act, which rules and
regulations would regulate the rates for Basic Cable Service, as defined in said Act.
Section 8. The City Council does hereby schedule a public hearing to
consider adoption of rules and regulations to regulate the rates for Basic Cable Service,
for October 26, 1993, at the hour of 7:00 p.m., in the City Council Chambers, 1243
National City Boulevard, National City.
Section 9. The City Clerk is hereby directed to publish this Resolution
at least once within fifteen (15) days of its adoption, and to publish same in a newspaper
of general circulation within the City, and to mail a copy to any CATV franchise grantee
not less than ten (10) days prior to the time fixed for hearing thereon.
PASSED and ADOPTED this 12th day of October, 1993.
George H. Waters, Mayor
ATTEST:
Lori Anne Peoples, City Clerk
APPROVED AS TO FORM:
'°g41.
George H. Eiser, III
City Attorney