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)