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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 0 R'l 'UIAl -i-loo 7g 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