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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-10130 1 Temp. Reso. # 65 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-LLI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO TAKE SUCH ACTIONS AS MAY BE NECESSARY TO FILE WRITTEN CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO ENGAGE IN CABLE RATE REGULATION IN THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to engage in Cable Rate Regulation in the City of Tamarac; and WHEREAS, the City of Tamarac has entered into a cable franchise agreement with Continental Cablevision to provide local cable television service to the residents of Tamarac; and WHEREAS, in 1992, the Congress of the United States enacted the Cable Television Consumer Protection and Competition Act in response to overwhelming evidence of unreasonable cable television rate increases across the country; and WHEREAS, subject to an FCC rule making by the Federal Communications Commission to implement the 1992 Cable Act, Congress empowered local franchise authorities to provide rate regulation oversight to local cable operators for both new and existing cable franchises; and WHEREAS, in order to comply with such FCC rules and regulations and the 1992.Cable Act, the City of Tamarac will be required to submit to the FCC written certification that: ( 1) the City of Tamarac will adopt and administer regulations that are consistent with the FCC's basic service rate regulation; (2) the City of Tamarac has the legal authority to adopt such rate regulation and personnel to administer such regulations; and (3) the City of Tamarac's procedural rules and regulations will provide a reasonable opportunity for consideration of the views of interested parties in all rate regulation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SI, QJIQN 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. 3 1 3 4 3 a 310 35 2 Temp. Reso. #6526 SECTION 2: The City Attorney is authorized to take such actions as may be necessary to file a'written certification with the Federal Communications Commission to obtain authority to engage in cable rate regulation in the City of Tamarac. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this A. -Tay of 1993. H. L. BENDER_ MAYOR _ ATTEST: = CAROLA.EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to (RateReg.ms) MAYOR DIST' 1: DIST. 4.- AECO RD OF f-95 -/0 / 0 L L Approved by OMR 3060.0550 Federal Carownkations Commission rapp Expire 05131/96 wa kgton. D. C. 20554 FCC 32 V For FCC Use Only v CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION Nam ?IllynQ -I Authority l MailinC Address 'f525 N.W. 88 Avenue City Tamarac State ZIP Code Telepapr,Np. Gncj�dt code): Person to contact with respect to this form: Mitchell S. Kraft 2. a. Name (s) and address(es) of cable system(s) and associated FCC community unit identifiers within your jurisdiction. (Attach additional sheets if necessary.) CabIckst CdnrMental Cablevision of Bramrd Count Mailing Address 141 N.W. 16th Street City State ZIP Code Panpano Beach FL 33WO- Cable System's FCC Community Unit Identifier: FL0153 Cable System's Name Mailing Address City State ZIP Code Cable System's FCC Community Unit Identifier: 2. b. Name (s) of system(s) and associated community unit Identifier(s) you calm are subject to regulation and with respect to which you are filing this certification. (Attach additional sheets if necessary.) Name of System Community Unit Continental Cablevision Identifier TW1.53 Name of System Community Unit Identifier 2. c. Have you served a copy of this form on all parties ©Yes 1:1No listed in 2b.? 3. Will your franchising authority adopt❑ Yes ❑ No (within 120 days of certification) and administer regulations with respect to basic cable service that are consistent with the regulations adopted by the FCC pursuant to 47 U.S.C. Section 543(b)? 4. with respect to the franchising authority's regulations referred to in Question 3, Yes 1:1 No a. Does your franchising authority have the legal authority to adopt them? b. Does your franchising Juthority have Elves No the personnel to administer them? El Yes No S. Do the procedural laws and regulations applicable to rate regulation proceedings by your franchising authority provide a reasonable opportunity for consideration of the views of interested parties? El Yes No 6. The Commission presumes that the cable system(s) listed in 21. is (are) not subject to effective competition. Based on the definition below, do you have reason to believe that this presumption is correct? (Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent pf the households in the franchise area; and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50 percent of A& hnimahnlrte in that frmnehiea %—. Sig u ree 5tcko e City At orney Date 4' / WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE TITLE 18, SECTION 1001). Return the original and one copy of this certification form (as indicated in Instructions), along with any attachments, to: Federal Communications Commission Attn: Cable Franchising Authority Certification P.O. Box 18539 Washington, D C. 20036 ' FCC 326 Auaurl 1993 �-i3 -/it Federal Communications Commission Wacr gton, D.C. 20554 INSTRUCTIONS FOR FCC 328 FRANCHISING AUTHORITY CERTIFICATION 1, The Cable Television Consumer Protection and Competition Act, enacted in October 1992, changes the manner in which cable television systems that are not subject to effective competition are regulated. In general, rates for the hagi,F service tier (the tier required as a condition of -access to all other video services and containing, among other services, local broadcast station signals and public, educational, and public access channels) and associated equipment will be subject to regulation by local or state governments ("franchising authorities"). Rates for cable programming services and associated equipment (all services except basic and pay channels) will be subject to regulation by the FCC. Rates for pay channels (channels for which there is a specific per -channel or per -program charge) are not regulated. Only cable systems that are not subject to effective competition may be regulated. Effective competition means that (a) fewer than 30 percent of the households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least two unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent of the households in the franchise area; and (ii) the number of households subscribing to programming services offered by multichannel video programming distributors other than the largest multichannel video programming distributor exceeds 15 percent of the households in the franchise area; or (c) a multichannel video programming distributor operated by the franchising authority for that franchise area offers video programming to at least 50 percent of the households in that franchise area. In order to regulate basic service tier rates, a franchising authority must be certified by the FCC. In order to be certified, a franchising authority must complete this form. An original and one copy of the completed form and all attachments must be returned to the FCC by registered mail, return receipt requested, to the FCC at the address on the form. 4. A copy of the form must be served on the cable operator by first-class mail on or before the date the form is sent or delivered to the FCC. C� The franchising authority's certification will become effective 3030dzi s Aftixtbe-date- stamped _on the,12ostal_w1urn receipt unless otherwise notified by the Commission by that date. The franchising authority cannot begin to regulate rates, however, until it has actually adopted the required regulations (see below) and until it has notified the cable operator that it has been certified and that it has adopted the required regulations. In order to be certified, franchising authorities must answer "yes" Questions 3, 4, and 5, which are explained as follows: Question 3: The franchising authority must adopt rate regulations consistent with the Commission's regulations for basic cable service. To fulfill this requirement for certification, the franchising authority may simply adopt a regulation indicating that it will follow the regulations established by the FCC, The franchising authority has 120 days to adopt these regulations after the time it is certified. The franchising authority may not, however, begin to regulate cable rates until after it has adopted these regulations and until it has notified the cable operator that it has been certified and has adopted the required regulations. Approved by OMB 3060-0550 Expires 05/31/96 Question 4(b): The franchising authority must have a sufficient number of personnel to undertake rate regulation. A franchise authority unable to answer "yes" to questions 4(a) or 4(b) may wish to review the FCC's Reps and Ordgr inin Docket 42 266. FCC 93-177 (released May 3, 1993) for further information on the establishment of alternative federal regulatory procedures. 9. Question 5: Franchising authorities must have procedural regulations allowing for public participation in rate regulation proceedings. If a franchising authority does not have these regulations already in place, it must adopt them within 120 days of certification and before it may undertake rate regulation. 10. Question 6: Most cable systems are = subject to effective competition, as defined by the Cable Act, (The definition is included above and on the form.) The franchising authority may presume that the cable system in its jurisdilion is not subject to effective competition. For purposes of applying the definition of effective competition (see Item 2 above), "multichannel video programming distributors" include a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, a television receive -only satellite program distributor, a video dialtone service, and a satellite master antenna television system. A multichannel video programming distributor's services will be deemed "offered" when they are both technically and actually available. Service is "technically available" when the multichannel distributor is physically able to deliver the service to a household wishing to subscribe, with only minimal additional investment by the distributor. A service is "actually available" if subscribers in the franchise area are reasonably aware through marketing efforts that the service is available. Subscribership of those multichannel video programming distributors offering service to at least 50 percent of the households in a franchise area will be aggregated to determine whether at least 15 percent of the households in the franchise area are served by competitors. A multichannel video programming distributor must offer at least 12 channels of programming, at least one channel of which is nonbroadcast, to be found to offer "comparable" video programming. This certification form must be signed by a government official with authority to act on behalf of the franchising authority. FCC NOTICE TO INDIVIDUALS REQUIRED RY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The solicitation of personal information In this form 6 authorized by the Communications Act of 1934, as amended. The Commission will use the information provided in this form to determine If the franchise authority should be authorized to regulate cable rates. In reaching that determination, or for law enforcement purposes, it may become necessary to refer personal Information contained In this form to another government agency. All information provided In this form will be available for public inspection. Your response is required to obtain the requested authority. Public reporting burden for this collection of Information Is estimated to average 30 minutes, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of this collection of information, includingsuggestions for reducing the burden, to the Federal Communications Commission, Records Management Division, AM0,MRS, Washington, D. C. 20554, and to the Office of Management and Budget, Paperwork Reduction Project (3060-0550), Washington, D, C. 20503. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93•S79, Question 4(a): The franchising authority's "legal authority" to regulate DECEMBER 31, 1975, S U.S.C. S22a(ex3) AND THE PAPERWORK REDUCTION ACT OF 1980, basic service must come from state law, 11LSgme states, only the P.L. 9&S11, DECEMBER 11, 1960, 44 U.S.C. 3507. date government may rggulate.sable fatp% in those states, the state government should file this certification. Provisions in franchise agreements that prohibit rate regulation are yQid, and do not prevent a franchising authority from regulating the basic service tier and associated equipment.