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Resolution 1993-69 . . RESOLUTION NO. 93 - 69 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY 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 GILROY. 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 Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92- 266, FCC 93-177 (released May 3, 1993) (hereinafter the "FCC Rate Regulations"); and WHEREAS, the City of Gilroy (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 FALCON CABLE TV, OF NORTHERN CALIFORNIA (hereinafter "the company") pursuant to Ordinance No. 84-6 (hereinafter the "Franchise"); and WHEREAS, the City desires 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 Regulations, notwithstanding any different or inconsistent provisions in the Franchise; -1- RESOLUTION NO. 93 - 69 . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY THAT: 1. The City will follow the FCC Rate Regulations 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 2. In connection with such regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties; and 3. The City Administrator, or his or her 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 4. This Resolution shall be effective immediately. APPROVED: ~i;v ATTEST: /'J V OU.(Ja~ City Clerk / -2- RESOLUTION NO. 93 - 69 . . -' I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 93-69 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 22nd day of November , 19 93 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 23rd day of November ,1993. ~iPJ~dz:.-~~ ./ City Clerk of the City Of~~ (Seal)