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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-1581 Temp. Reso #8256 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- /SS 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, the cable industry has recently invoked some of the largest -ever price increases in cable TV rates; and WHEREAS, on September 23, 1997, the Wall Street Journal reported that Consumers Union, which publishes Consumer Reports, and Consumer Federation of America, plan to "attack the agency ("FCC') charged with overseeing the cable industry for its failure to crack down on cable industry abuses and skyrocketing rates"; 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 2 Temp. Reso #8256 WHEREAS, on January 1, 1998, 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 a franchising authority receives more than one subscriber rate complaint within the 90-day period, it has 180 days from the effective date of the increase to file a complaint with the FCC; and WHEREAS, if the City of Tamarac received more than one subscriber rate complaint by March 31, 1998, the City of Tamarac has until June 30, 1998 to file a complaint with the FCC; 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 park 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. L 3 Temp. Reso #8256 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 thiso27day of A1�11 , 1998. ATTEST: e4,0�0,6�,� CAROL GOI.6f, CMC/AAE City Clerk I HEREBY CERTIFY that I have apArovipd this RESOWTI)PN a, MIT"CMELL S. K City Attorney FCC -COMPLAINT -PRICING OF CABLE/rkt JOB CHREIBER Mayor RECORD OF COMMISS N VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF If- DIST 4: COMM. ROBERTS