HomeMy WebLinkAboutCC RESO 93-174RESOLUTION NO. 9 3-17 4
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE
FEDERAL COMMUNICATIONS COMMISSION'S CABLE
TELEVISION BASIC SERVICE RATE RULES AND REGULATIONS
AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND
REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR
CONSIDERATION OF THE VIEW OF INTERESTED PARTIES
IN CABLE TELEVISION RATE REGULATION
PROCEEDINGS TAKEN HEREUNDER
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, the City Council of the City of National City, as the governing
body of the franchasing authority, has authorized the City Manager, or his designee, to
file on its behalf all necessary forms, documents, and otherwise 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 of National City now desires to adopt regulations with
respect to the regulation of Basic Service Rates which are consistent with the regulations
prescribed by the Commission and to adopt procedural laws and regulations applicable
to rate regulation proceedings which provide a reasonable opportunity for consideration
of the views of interested parties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of National City does hereby resolve as follows:
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Resolution No. 93-174
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Section 1. Upon certification by the Commission, the City Manager shall
give, by registered mail, return receipt requested or hand delivery, written notification
to the cable operator, or cable operators, that the City of National City has been so
certified to so regulate Basic Service Rates and the cable operator, or cable operators,
shall thereby be directed pursuant to CFR §76.930 to file a schedule of rates for the Basic
Service Tier and associated equipment with the City of National City within thirty (30)
days as provided in CFR §76.930.
Section 2. Upon receipt of the schedule of rates for the Basic Service Tier
and associated equipment as provided in Section 1 above from the cable operator, or
cable operators, such schedule of rates and charges shall be referred to staff for review
and evaluation pursuant to the substantive and procedural standards set forth in CFR
§§76.900-76.985 and the Report and Order and Further Notice of Proposed Rulemaking
in MM Docket 92-266.
Section 3. After a cable operator, or cable operators, have submitted for
review its existing rates for the Basic Service Tier and associated equipment costs, or
proposed changes in these rates (including increases in the base line channel charge that
results from reductions in the number of channels in a tier), the existing rates will remain
in effect or the proposed rates will become effective after thirty (30) days from the date
of submission; provided, however, that the City may hold this thirty (30) day deadline
for an additional time by issuing a brief written order as provided in CFR §76.933(b)
within thirty (30) days of the date of submission explaining that it needs additional time
to review the rates.
Section 4. If the City of National City is unable to determine, based upon
the material submitted by the cable operator, that the existing or proposed rate are within
the Commission's permitted basic service tier charge or actual cost -of -equipment as
defined in CFR §§ 76.922 and 76.923, or if a cable operator has submitted a cost of
service showing pursuant to §§76.937(c) and 76.924, seeking to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR §§ 76.922 and 76.923, the
City of National City may toll the thirty (30) day deadline in Section 3 above to request
and/or consider additional information or consider the comments from interested parties
as follows:
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Resolution No. 93-174
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(a) For an additional ninety (90) days in cases not involving
cost -of -service showings; or
(b) For an additional one hundred fifty (150) days in cases
involving cost -of -service showings.
Section 5. If the City of National City has availed itself of the additional
ninety (90) or one hundred fifty (150) days permitted above, and has taken no action
within these additional time periods, then the proposed rates will go into effect at the end
of the ninety (90) or one hundred fifty (150) day periods, or existing rates will remain
in effect at such times, subject to refunds if the City of National City subsequently issues
a written decision disapproving any portion of such rates, provided, however, that in
order to order refunds, the City of National City shall issue a brief written order to the
cable operator, or cable operators, by the end of the ninety (90) or one hundred fifty
(150) day period permitted above directing the cable operator, or cable operators, to keep
an accurate account of all amounts received by reason of the rate in issue and on whose
behalf such amounts were paid.
Section 6. Upon receipt of a submission by a cable operator, or cable
operators pursuant to Section 1 above, the City of National City shall give public notice
by way of publication of said submission in a newspaper of general circulation in the
jurisdiction within fourteen (14) days of receipt by the City of National City thereof.
Said publication notice shall state, in substance, that the City of National City is
considering the submission of the cable operator reproduced therein, the date of
submission by the cable operator, that said rates will become effective within thirty (30)
days from the date of submission unless the City of National City extends the review time
pursuant to Section 4 above, and that interested parties may file written comments with
the City Clerk within seven (7) days of publication.
Section 7. If, and to the extent, that the City of National City extends the
review period pursuant to Section 4 above, it shall then act upon the rate submission only
at a public hearing which has been duly advertised and noticed pursuant to the
requirements of Government Code Section 6066. At said noticed public hearing, which
may be continued from time to time, all interested parties including, but not limited to,
subscribers, shall possess a reasonable opportunity to express their views regarding the
matters before the City Council.
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Resolution No. 93-174
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Section 8. The City of National City shall issue a written decision in a
rate -making proceeding whenever it disapproves an initial rate for the Basic Service Tier
or associated equipment, in whole or in part; disapproves a request for a rate increase in
whole or in part; or approves a request for an increase in whole or in part over the
objections of interested parties. The City of National City is not required to issue a
written decision that approves an unopposed existing or proposed rate for the basic
service tier or associated equipment. Any written decision required herein shall only be
issued and released at an open and public meeting of the City Council and the text shall
be made available for public distribution at the offices of the City Clerk during normal
business hours commencing the next business day after adoption by the City Council.
Section 9. These regulations may be amended, from time to time, by the
City Council with or without concurrence or consent of the cable operator, or cable
operators, affected thereby.
Section 10. If, and to the extent, a cable operator, or cable operators,
submits a cost -of -service showing pursuant to CFR §§ 76.937(c) and 76.924 seeking to
justify a rate above the Commission's Basis Service Tier charge as defined in CFR §§
76.922 and 76.923, the City of National City shall, within ninety (90) days of the date
of submission, adopt rules, regulations, and procedures consistent with the rules and
regulations of the Commission relating to the procedural and substantive criteria to be
applied by the City of National City to said cost -of -service submission.
Section 11. The City shall possess all remedies available to it under
federal, state and local law including, but not limited to, those remedies provided in CFR
§§76.940-76.943.
PASSED and ADOPTED this 9th day of November, 1993.
ATTEST:
Lori Anne Peoples, City le
APPROVED AS TO FORM:
tL
George H. Eiser, III
City Attorney
George H. Waters, Mayor