HomeMy WebLinkAboutCC Resolution 9078 (Cable Rate Regulation Authority)RESOLUTION NO. 9078
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE CITY MANAGER
TO TAKE STEPS NECESSARY TO IMPLEMENT
THE CITY'S CABLE RATE REGULATION AUTHORITY
IN COMPLIANCE WITH THE CABLE TELEVISION CONSUMER
PROTECTION AND COMPETITION ACT OF 1992
AND THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION;
RESERVING THE RIGHT TO DELEGATE RATE REGULATORY AUTHORITY;
PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in October 1992 the United States Congress enacted
the Cable Television Consumer Protection and Competition Act
of 1992 (the "Act") which, among other things, authorized local
franchising authorities to regulate rates for cable television
services under certain circumstances; and
WHEREAS, the Act requires the Federal Communications
Commission ("FCC") to promulgate rules concerning, among other
things, the requirements and procedures for regulation of rates
for certain cable television services; and
WHEREAS, the rules adopted by the FCC require a local
franchising authority to file for certification with the FCC
and to take certain other steps in order to be authorized to
regulate rates for cable television services; and
WHEREAS, the City Council of the City of San Rafael
(hereinafter "City") deems it to be in the best interests of
the citizens and residents of the City to approve and authorize
the City Manager to take the steps necessary to implement the
City's cable rate regulation authority under the Act and the
FCC rules.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
Section 1. The City Manager is hereby authorized to sign
and file the necessary forms with the Federal Communications
Commission ("FCC") so that the City is certified to regulate
the rates charged by cable franchisees in the City for basic
cable service and equipment. The City Manager is authorized
to take all steps appropriate to complete the forms, including
but not limited to: (1) affirming that the City will adopt
and administer regulations consistent with the FCC's rules
governing regulation of the basic tier; (2) affirming that the
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City has the legal authority to adopt regulations and the
personnel to administer those regulations; (3) affirming that
the regulations adopted will provide a reasonable opportunity
for consideration of the views of interested parties; and (4)
affirming that the City has reason to believe the FCC's
presumption that cable systems do not face effective competition
is correct in the City, and no reason to believe it is incorrect.
Section 2. The City Manager shall file and serve the
certification forms at the FCC and upon cable franchisees as
required by FCC rules. The City Manager is authorized to notify
cable franchisees when certification has been granted and
applicable regulations adopted. The City Manager is further
authorized to take such other actions as may be appropriate
so that the City may regulate basic service and equipment rates,
and so that the City can respond to challenges to certification.
This includes the authority, in consultation with the City
Attorney, to make filings at the FCC or in court on behalf of
the City.
Section 3. The City Manager is authorized to file complaints
at the FCC regarding the rates charged by cable franchisees
for services and equipment associated with cable programming
services. The City Manager may take such additional steps as
may be appropriate to ensure that a reasonable rate is established
for cable programming services.
Section 4. The City Manager shall keep the City Council
informed of actions taken pursuant to this Resolution and of
developments relating to cable television regulation.
Section 5. The City Council reserves the right, by ordinance
or through any other lawful means, to delegate responsibility
for rate regulation, in whole or in part, to any properly created
joint powers authority created for that purpose.
Section 6. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
Section 7. If any clause, section, other part or application
of this Resolution is held by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or
applications of this Resolution.
Section 8. This Resolution shall become effective
immediately upon its passage and adoption, the welfare of the
City and its residents requiring it.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and
regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the twentieth day
of December, 1993, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA9&E M. LEONCIN , City Clerk