1651 - Resolution - Cable Television System Operating in City LimitsRESOLUTION NO. 1651 ✓
A RESOLUTION OF THE CITY OF PORT ORCHARD TO PROVIDE FOR THE
REGULATION OF BASIC SERVICE TIER RATES AND RELATED
EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE
TELEVISION SYSTEM OPERATING IN THE CITY OF PORT ORCHARD.
WHEREAS, on October 5, 1992, Congress enacted the Cable Television
Consumer Protection and Competition Act of 1992 which, among other things, provided
that the basic service tier rates, and the charges for related equipment,
installation and services, of a cable television system (hereinafter, "Basic Service
Rates and Charges:) shall be subject to regulation by a franchising authority in
accordance with regulations prescribed by the Federal Communications Commission
(hereinafter the "FCC" and
WHEREAS, On April 1, 1993, the FCC prescribed such regulations in the
Report and Order, In the Matter of Implementation of Sections of Cable Television
Consumer Protectionand Competition Act of 1992: Rate Regulation,, MM Docket 92-
266, FCC 93-177 (released May 3, 1993) (hereinafter the "FCC Rate Regulations"); and
WHEREAS, the City of Port Orchard (hereinafter, the "City" is a
franchising authority with the legal authority to adopt, and the personnel to
administer, regulations with respect to the Basic Service Rates and Charges of any
cable television system operating in the City, including, without limitation, the
system currently being operated by Falcon Video Communications. L.P. (hereinafter
"the Company") pursuant to the Cable TV Franchise (hereinafter the "Franchise"); and
WHEREAS, the City desires to regulate the Basic Service Rates and
Charges of the Company and any other cable television system operating in the City
and shall do so in accordance with the FCC Rate Regulations, notwithstanding any
different or inconsistent provision in the Franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD, THAT:
1. The City will follow the FCC Rate Regulations in its regulation of
the basic service rates and charges of the Company and any other cable television
system operating in the City, notwithstanding any different or inconsistent
provision in the Franchise; and
2. In connection with such regulation, the City will ensure a
reasonable opportunity for consideration of the views of interested parties; and
3. The Mayor, or his designee, is authorized to execute on behalf of
the City and file with the FCC such certification forms or other instruments as are
now or may hereafter be required by the FCC Rate Regulations in order to enable the
City to regulate Basic Service Rates and Charges; and
4. The Resolution shall be effective immediately upon approval by the
City Council and signature by the Mayor of the City of Port Orchard.
PASSED by the City Council of the City of Port Orchard. APPROVED by the
Mayor and attested by the Clerk in authentication of such ssage this 11th day of
October, 1993.
14 LESLIE J. WEATHERILL, MAYOR
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Patricia Parks, City Clerk