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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 Page 1 o f 3 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. Page 2 of 3 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. --0--' VICE MAYOR CLIFFORD BRODY ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3