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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-0621 Temp. Reso #8554 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- 4,--- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO HAVE A FORMAL COMPLAINT WITH THE FEDERAL COMMUNICATIONS COMMISSION REGARDING PRICE RATES FOR CABLE TELEVISION SERVICE PREPARED AND FILED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 1, 1999, Media One increased the rates that they charge subscribers for expanded cable services and under the 1996 Act and FCC rules, subscribers have ninety (90) days from after a rate increase takes effect to file a complaint with the franchising authority; and WHEREAS, if the City of Tamarac has received complaints from subscribers with regard to the price of cable service, the City should consider a formal complaint with the Federal Communications Commission ("FCC'); and WHEREAS, under the Telecommunications Act of 1996, complaints regarding the cable programming service tier can only be filed by franchising authorities; subscribers are no longer able to file a complaint directly with the FCC; and WHEREAS, the City of Tamarac has received more than one rate complaint within the 90-day period; and 1 2 Temp. Reso #8554 WHEREAS, the FCC legislation allowing municipalities to request a rate review sunsets March 31, 1999; and WHEREAS, the City must file a request for rate review prior to March 31, 1999 in order to preserve its rights; and WHEREAS, the City has informed Media One of its intent to file for rate review as of February 25, 1999 and is awaiting Media One's response, and WHEREAS, the City Manager recommends approval; and WHEREAS, the City Commission 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 prepare and file a formal complaint with the FCC regarding the price of cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to have a formal complaint with Federal Communications Commission ("FCC") regarding price rates for cable television service prepared and filed. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 3 Temp. Reso #8554 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 thisP day of tA✓k•� , 1999. ATTEST: CAROL GOLD, C/AAE City Clerk I HEREBY CERTIFY that I have 6ftrpved this RESOLUTIC s to form. MITCHELt_'S City Attorney FCC -COMPLAINT -PRICING OF CABLE/M �Qlt SCHREIBER Mayor RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COh4M,. McKAYE DIST 2: VIM MISHKIN DIST 3: COW SULTANOF DIST 4: COMM. ROBERTS