HomeMy Public PortalAbout098-1993 - SPECIAL ORDINANCE TO PROVIDE FOR THE REGULATION OF BORDINANCE NO. 98-1993
A SPECIAL ORDINANCE TO PROVIDE FOR THE REGULATION OF BASIC
SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND
SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN
THE CITY OF RICHMOND, INDIANA
WHEREAS, on October 5, 1992, Congress enacted the Cable Television Consumer
Protection and Competition Act of 1992 which, among other things,
provided that the basic service tier rates, and the charges for related
equipment, installation and services, of a cable television system
(hereinafter, 'Basic Service Rates and Charges") shall be subject to
regulation by a franchising authority in accordance with regulations
prescribed by the Federal Communications Commission (hereinafter the
"FCC"); and
WHEREAS, on April 1, 1993, the FCC prescribed such regulations in the Rom an
Order. lnthe Matig ofImlmen o f Sections of -Cable. T1 in
Docket 92-266, FCC 93-1tection and 77nreleased Maytition Act f 1992: 199Rate Re Regulation. MM
( y 3) (hereinafter the "FCC
Rate Regulations"); and
WHEREAS, the City of Richmond, Indiana, through its Board of Public Works &
Safety; and the Telecommunications Council, (hereinafter, the "City") is a
franchising authority with the legal authority to adopt, and the personnel to
administer, regulations with respect to the Basic Service Rates and Charges
of any cable television system operating in the City, including, without
limitation, the system currently being operated by TCI of Indiana, Inc.
(hereinafter "the Company") pursuant to the City of Richmond, Indiana,
Cable Television Franchise Agreement dated December 5, 1991 (hereinafter
the "Franchise"); and
WHEREAS, the City desires to regulate and has applied for certification to the "FCC" to
regulate the Basic Service Rates and Charges of the Company and any other
cable television system operating in the City and shall do so in accordance
with the FCC Rate Regulation, notwithstanding any different or inconsistent
provisions in the Franchise;
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana
that:
A. The City will follow the FCC Rate Regulations (attached hereto as Exhibit A) in its
regulation of the Basic Service Rates and Charges of the Company and any other cable television
system operating in the City, notwithstanding any different or inconsistent provisions in the
Franchise; and
B. In connection with such regulation, the City will ensure a reasonable opportunity for
consideration of the views of interested parties; and
C. The Mayor, Board of Public Works & Safety, Telecommunications Council or its
designee is authorized to execute on behalf of the City and file with the FCC such certification
forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations
in order to enable the City to regulate Basic Service Rates and Charges; and
D. This ordinance shall be effective immediately.
Passed and adopted this 15th day of November, 1993, by the Common Council of the City of
Richmond, Indiana. �� G-' esident
(Etta J. dy)
ATTEST(,City Clerk
rma Carnes)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 16th day of November, 1993,
at 9:00 a.m.
,City Clerk
(Norma Carnes)
APPROVED by me, Roger Cornett, M=&jge-r—Com:e
hmond, Indiana, this 16th day of
November, 1993, at 9:00 a.m.
,Mayor
tt)
ATTES ,CityClerk
orma Carnes)
DISPOSITION OF ORDINANCE NO, �-199-rf
RESOLUTION NO. -199,_
by Common Council
Ordinance No-y
Resolution No. _ Elstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton
D ate a
Susp. rules Ist read
t,
Title only k
Proofof Publicaton ----- ------------ ---- ------ ---- ------ ----- -..._.-a
Seconded
Move to Znd read
Seconded j
Engrossment
Seconded
Susp rules 3rd read,
Seconded
Passage
....... ... O R- --------------- ------------ ------.......... ..................
Rejection
Date Passed Zr 5
COMMI►TEE ASSI NMEN S:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS.
COMMENTS: