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Home My Public Portal AboutResolution 93-32791 1 1 RESOLUTION NO. 93 -3279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AUTHORIZING THE SUBMISSION OFA CERTIFICATION APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION; ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S BASIC SERVICE RATE RULES AND REGULATIONS; AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF INTERESTED PARTIES S IN RATE REGULATIONS PROCEEDINGS TAKEN HEREUNDER. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992 (the "1992 Cable Act ") provides, in relevant part, the franchising authorities can regulate the rates for Basic Cable Service, as defmed in the 1992 Cable Act, in accordance with the Basic Service Rate regulations prescribed by the Federal Communications Commission (the "Commission ") upon certification by the Commission; and WHEREAS, the Commission has adopted final rules and regulations implementing Section 623 of the 1992 Cable Act in Report and Order and Further Notice of Proposed Rulemaking, MM Docket 92 -2266, Released May 3, 1993, effective June 21, 1993; and WHEREAS, a franchising authority seeking jurisdiction to regulate basic service rates, as defined in the 1992 Cable Act, must obtain authorization from the Commission to so regulate; and WHEREAS, to receive approval, the franchising authority must file a written certification with the Commission certifying that; 1. The franchising authority will adopt and administer regulations with respect to the rates subject to regulation under Section 623 of the 1992 Cable Act that are consistent with the regulations prescribed by the Commission thereunder; and 2. The franchising authority has the legal authority to adopt, and the personnel to administer, such regulations; and 3. Procedural laws and regulations applicable to rate regulation proceedings have been adopted, or will be adopted, by such franchising authority which provide a reasonable opportunity for consideration of the views of interested parties; and WHEREAS, the City of Temple City, as the governing body, hereby desires to authorize the City Manager, or his (her) designee, to file on its behalf all necessary forms, documents, and otherwise with the Commission which are necessary and proper to allow it to regulate basic service rates, as defmed in the 1992 Cable Act; and WHEREAS, the City of Temple City now desires to adopt regulations with respect to the regulation of basic service rates which are consistent with the regulations prescribed by the Commission and to adopt procedural laws and regulations applicable to rate regulation proceedings which provide a reasonable opportunity for consideration of the views of interested parties; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Under the laws of the United States, the Constitution and Statutes of the State of California, and the City Charter and the Temple City ordinances, agreements, and procedures of the City of Temple City, the City of Temple City possesses the legal authority to adopt the regulations contained herein. SECTION 2. The City of Temple City possesses sufficient personnel to administer the regulations adopted herein. SECTION 3. The City of Temple City has no actual knowledge that the cable systems, operating in its jurisdiction are subject to effective competition and thus, based upon the presumption established in Section 76.609 of the Code of Federal Regulations, ( "CFR "), the cable operator, or cable operators, operating within its jurisdiction are not subject to effective competition. SECTION 4. The City Manager, or his or her designee, are hereby authorized, empowered, and instructed to file necessary and proper forms, certifications, documents, and otherwise as prescribed in CFR § 76.610 by (1) registered mail, return receipt requested; or (2) hand delivered to the Commission and a date stamp copy obtained. A copy of the certification form described herein shall be served on the cable operator, or cable operators. SECTION 5. Upon certification by the Commission, the City Manager shall give, by registered mail, return receipt requested or by hand delivery, written notification to the cable operator, or cable operators, that the City or Temple City has been so certified to so regulate basic service rates and the cable operator, or cable operators, shall thereby be directed, pursuant to CFR § 76.930 to file a schedule of rates for the basic service tier and associated equipment with the City of Temple City within thirty (30) days as provided in CFR § 76.930. SECTION 6. Upon receipt of the schedule of rates for the basic service tier and associated equipment from the cable operator, or cable operators, as provided in Section 5 above, such schedule of rates and charges shall be referred to City staff for review and evaluation pursuant to the substantive and procedural standards set forth in CFR §§ 76.900 - 76.985 and the Report and Order and Further Notice of Proposed Rulemaking in MM Docket 92 -266. SECTION 7. After a cable operator, or cable operators, have submitted for review its existing rates for the basic service tier and associated equipment costs, or proposed changes in these rates (including increases in the base line channel charge that results from reductions in the number of channels in a tier), the existing rates will remain in effect or the proposed rates will become effective (30) days from the date of submission; provided, however, that the City may hold this thirty (30) day deadline for an additional time by issuing a brief written order as provided in CFR § 76.933 (b) or within thirty (30) days of the date of submission explaining that it needs additional time to review the rates. SECTION 8. If the City of Temple City is unable to determine, based upon the material submitted by the cable operator, that the existing or proposed rates are within the Commission's permitted basic service tier charge or actual cost -of- equipment as defmed in CFR §§ 76.922 and 76.923, or if a cable operator has submitted a cost of service showing pursuant to §§ 76.937(c) and 76.924, seeking to justify a rate above the Commission's basic service tier charge as defmed in CFR §§ 76.923, the City of Temple City may toll the thirty (30) day deadline in Section 7 above to request and/or consider additional information to consider the comments from interested parties as follows: (a) For an additional ninety (90) days in cases not involving cost -of- service showing, or (b) For an additional one hundred fifty (150) days in cases involving cost -of- service showings. 1 1 1 1 1 1 Resolution No. 93 -3279 Page 3 SECTION 9. If the City of Temple City has availed itself of the additional ninety (90) or one hundred fifty (150) days permitted above, and has taken no action within these additional time periods, then the proposed rates will go into effect at the end of the ninety (90) or one hundred fifty (150) day periods, or existing rates will remain in effect as such times, subject to refunds if the City of Temple City subsequently issues a written decision disapproving any portion of such rates, provided, however, that in order to order refunds, the City of Temple City shall issue a brief written order to the cable operator, or cable operators, by the end of the ninety (90) or one hundred fifty (150) day period permitted above directing the cable operator, or cable operators, to keep an accurate account of all amounts received by reason of the rate in issue and on whose behalf such amounts were paid. SECTION 10. Upon receipt of a submission by a cable operator, or cable operators pursuant to Section 5 above, the City of Temple City shall give public notice by way of publication of said submission in a newspaper of general circulation in the jurisdiction within fourteen (14) days of receipt by the City of Temple City thereof. Said publication notice shall state, in substance, that the City of Temple is considering the submission of the cable operator reproduced therein, the date of submission by the cable operator, that said rates will become effective with thirty (30) days from the date of submission unless the City of Temple City extends the review time pursuant to Section 8 above, and that interested parties may file written comments with the City Clerk within ten (10) days of publication. SECTION 11. If and to the extent, that the City of Temple City extends the review period pursuant to Section 8 above, it shall then act upon the rate submission only at a public hearing which has been duly advertised and noticed pursuant to the requirements of Government Code Section 6066. At said noticed public hearing, which may be continued from time to time, all interested parties including, but not limited to, subscribers, shall possess a reasonable opportunity to express their views regarding the matters before the City Council. SECTION 12. The City of Temple City shall issue a written decision in a rate - making proceeding whenever it disapproves an initial rate for the basic service tier or associated equipment, in whole or in part, disapproves a request for a rate increase in whole or in part, or approves a request for an increase in whole or in part over the objections of interested parties. The City of Temple City is not required to issue a written decision that approves an unopposed existing or proposed rate for the basic service tier or associated equipment. Any written decision required herein shall only be issued and released at an open and public meeting of the City Council. SECTION 13. These regulations may be amended, from time to time, by the City Council with or without concurrence or consent of the cable operator, or cable operators, affected thereby. SECTION 14. If and to the extent, a cable operator, or cable operators, submits a cost -of- service showing pursuant to CFR §§ 76.937(c) and 76.924 seeking to justify a rate above the Commission's basic service tier charge as defined in CFR 76.922 and 76.923, the City of Temple City shall, within ninety (90) days of the date of submission, adopt rules, regulations, and procedures consistent with the rules and regulations of the Commission relating to the procedural and substantive criteria to be applied by the City of Temple City to said cost -of- service submission. SECTION 15. The City shall possess all remedies available to it under federal, state, and local law including, but not limited to, those remedies provided in CFR §§ 76.940- 76.943. Resolution No. 93 -3279 Page 4 ATTEST: €ity erk I hereby certify that the foregoing Resolution, Resolution No. 93 -3279, was adopted by the City Council of the City of Temple City at a regular meeting held on the 2nd day of November, 1993 by the following vote: AYES: Councilmember - Breazeal, McGowan, Wilson, Budds, Manning NOES: Councilmember -None ABSENT: Councilmember -None 1 1 1