HomeMy Public PortalAbout1993-37 Authorizing the filling of a certification request with the FCCRESOLUTION NO. 93-37
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE FILING OF A
CERTIFICATION REQUEST WITH THE FEDERAL
COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY
TO REGULATE BASIC CABLE TELEVISION RATE;
AUTHORIZING THE FILING OF COMPLAINTS WITH THE
FEDERAL COMMUNICATIONS COMMISSION FOR OTHER
TIERS OF SERVICE; AUTHORIZING ENFORCEMENT OF
FEDERAL CABLE TELEVISION CUSTOMER SERVICE
OBLIGATION RULES WITHIN THE VILLAGE OF KEY
BISCAYNE; ESTABLISHING RECOGNITION OF AND
COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR
HEREAFTER ESTABLISHED BY THE FEDERAL
COMMUNICATIONS COMMISSION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Cable Television Consumer Protection and
Competition Act (the "Act") was enacted in October 1992 and sets
forth minimum requirements with respect to cable television services
and rates; and
WHEREAS, the Federal Communications Commission (the "FCC") has
promulgated regulations for the purpose of interpreting and
enforcing the provisions of the Act; and
WHEREAS, pursuant to such regulations, local franchising
authorities are authorized to regulate the rates charged by cable
television system operators for basic tier cable service; and
WHEREAS, pursuant to such regulations, local franchising
authorities are authorized to regulate and enforce customer service
requirements established by the Act; and
WHEREAS, the FCC standards regarding customer service do not
supersede any stricter customer service standards that may currently
be in effect within the Village by virtue of existing franchises or
state or local law; and
WHEREAS, the Act permits local franchising authorities to file
complaints with the FCC with respect to other tiers of cable
television service; and
WHEREAS, this Council desires to regulate basic cable
television rates; and
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WHEREAS, this Council desires to authorize the filing of
complaints with the FCC for other tiers of cable television service;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to file
for certification with the FCC for the authority to regulate basic
tier cable television rates.
Section 2. The Village Manager is hereby authorized to file
complaints with the FCC with respect to other tiers of cable
television service that may exceed the FCC's cable rate benchmarks.
Section 3. The Village Council shall implement enforcement of
FCC cable television customer service obligations as set forth in
the Act and accompanying federal regulations.
Section 4. Enforcement of FCC cable television customer
service obligations shall not relieve any cable television system
operator of any obligation or duty imposed by state or local law or
ordinance or imposed in any cable television franchise, agreement
or license.
Section 5. The Village Council may impose, by ordinance,
specific enforcement mechanisms and penalties for violation of the
FCC cable television customer service obligations.
Section 6. Enforcement of FCC cable television customer
service obligations, as they may be amended from time to time by the
FCC or its successor agency, shall commence within one hundred
twenty day hereof.
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Section 7. Except as provided herein or otherwise permitted
by law, the Village Council recognized and agrees to follow any
regulations promulgated by the FCC in connection with the Act.
Section 8. Effective Date. This resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED this 24th day of August , 1993.
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VICE MAYOR CLIFFORD BRODY
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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