HomeMy WebLinkAbout4444 ~%N ORDINi%NCE 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 Bremerton.
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 Protection and 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 Bremerton (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 systems currently
being operated by TCI Cablevision of Washington, Inc. and Falcon
Video Communications, L. P. (hereinafter "the Companies") pursuant
to Ordinance No. 3975 and Ordinance No. 3981 (hereinafter the
"Franchise"); and
WHEREAS, the City filed the "Certification of Franchising
Authority to Regulate Basic Cable Service Rates and Initial Finding
of Lack of Effective Completion" with the FCC on September 7, 1993
and was approved by the FCC to regulate basic services and charges
in accordance with the FCC rate regulations effective October 7,
1993;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES
HEREBY ORDAIN:
Section 1. The City will follow the FCC Rate Regulations in
its regulation of the Basic Service Rates and Charges of the
Companies and any other cable television system operating in the
City, notwithstanding any different or inconsistent provisions in
the Franchise.
Section 2. In connection with such regulation, the City will
ensure a reasonable opportunity for consideration of the views of
interested parties.
Section 3. The Mayor, or his or her 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
hereinafter be required by the FCC Rate Regulations in order to
enable the City to regulate Basic Service Rates and Charges.
Section 4. This Ordinance shall be come effective ten (10)
days from passage and publication.
APPROVED by the Bremerton City Council on first reading this
~'~ day of January , 1994.
PASSED by the City Council of the City of Bremerton on second
reading this [~q~day of January , 1994.
EILEEN FITZ, ~ouncil President
APPROVED this ~ ~ day of January , 1994.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City/Clerk
EFFECTIVE DATE:
PUBLICATION DATE:
ORDINANCE NO.:
A: \form\cb[ tv. ord