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HomeMy WebLinkAboutReso 1969-5040RESOLUTION NO. 5040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA;. OPPOSING CERTAIN CHANGES IN FEDERAL COMMUNICATIONS COMMISSION'S RULES GOVERNING CATV SYSTEMS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista, by Ordinance No. 882, adopted by the City Council on April 28, 1964, has heretofore granted a franchise to Mission Cable T.V., Inc., and WHEREAS, by the terms of this franchise, said cable T.V. service is required to provide cable T.V, service to all residents of the City of Chula Vista unless specifically exempted in certain instances by the City Council of the City of Chula Vista, and said service has been declared to be public service benefitting the citizens of this community by offering to said citizens a broader and significantly improved selection of television broadcasting at a relatively reasonable cost, and WHEREAS, the City Council of the City of Chula Vista, with the full support of the citizens of this community, more than 5,000 of whom presently subscribe to the community antenna television system, has consistently fought for the establishment and continued expansion of the cable T.V. system, including repeated opposition to the type of rules and regulations promulgated by the Federal Communications Commission and sometimes supported by the Court, on the basis that said rules and regulations are clearly contrary to the public interests of the citizens of the City of Chula Vista, and WHEREAS, after an analysis of the text of the Federal Communications Commission's proposed CATV Rules and Inquiry, issued December 13, 1968, the City Council of the City of Chula Vista strongly opposes said rules in general and Section IV thereof, "Proposed Rules Relative to Importation of Television Signals" in Particular, and joins with the dissenting statement of Commissioner Robert T. Bartley, fully concurring with his belief that the procedures contained therein are contrar to the y public interest because they deny to the people of the United States a communications service for which they have shown a demand in the market place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that this Council, on behalf of themselves and all of the citizens of this community, do hereby register their strong objection to said proposed CATV Rules, and in particular, Section IV thereof, "Proposed Rules Relative to Importation of Television Signals," and urge that any rules to be adopted by the Federal Communications Commission regulating community antenna television be designed to protect the public interest which demands the widest possible selectivity of television programs, as well as the interest established television stations. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and he is hereby authorized and directed to forward certified copies of this resolution to Chairman Rosel Hyde, Federal Communications Commission and all members of said Commission, and to Congressman Lionel Van Deerlin and Senators George Murphy and Alan Cranston. Presented by Approved as to by ~-- ~ ~ -- c. . ,, Fred A. Ross, Chie dmin strative George D. ndberg, Officer ty" Attorne .4 ~ . . ~ ADO~~T~'~r A~'D APPRC!Vr?_D by the CITE' COLfi'CIL of the CITv C'F CI't~LA ~~'T`~~TE ~!',LTFO~ "-IA. this 28th da.y of January , 1p 69 ~~~ the folic:~:n4~ roe-=, to-~.-~t: A"T"': Councilr^~er: Scott, Sylvester, Hamilton, McCorquodale, McAllister :"A`r'= > ~ Council~:er. None ~~` ~ ,_.m • Couucilnen None ,---- ~.. of the City oz ".ul `~, to ~ _ ~ ~ /~ v Ci tv Cler'_r. -~- TAT,.. C,~ CALI FAR;; IA ) CIT° QF CnULA "JISTA ) I, _?T?I'ETT: CA'PB?'LL, City Clerk of the City of Chula -Vista, Ca.lifcr_-::=,, i~~': '_`~???~~E' C?'~??TTFY that the above and foregoing is a full, true and correc~ coa-- oi' ar_d that the same has ;got bee-' a-:,-~d:~d or r_-~~aled, Cite Cler___ ~ ~_ } r~~ ~~~`' • • • mission cable tv inc. . p, o, box 3224 Fletcher hills station 1175 north cuyamaca street, el Cajon, californio 92020 448-6411 area code 714 January 6, 1969 HONORABLE DAN Mc CORQUODALE And Members of the City Council City Hall Chula Vista, California 92 010 Gentlemen: Recently, the Federal Communications Commis- sion issued a "Notice Of Proposed Rule Making And Notice Of Inquiry" concerning the future operations of community antenna television (CATV) systems throughout the United States. There have been numerous news stories printed regarding the rules and regulations proposed in this Notice. The majority of those stories fail to recognize that, if adopted, the rules will inhibit the future growth of CATV in communities such as yours. All of our present operations will be "grandfathered", however, further expansion will be unlikely. We have enclosed a copy of the Notice for study by your City Attorney. We strongly urge you to file com- ments with the FCC and directly contact Congressmen repre- senting your city opposing the adoption of the proposed rules. Our efforts to bring cable TV to the rest of our franchised area are now about to go into their third year. We will argue in the United States Court of Appeals in 1969 for the third time and we are doing everything else in our power to lift the ban on our expansion. COMMUNITY ANTENNA TELEVI`;il~N --- A PUELIC SERVICE ~ `_ ~ ~ ~; We know there are many of your constituents who desire our service. We ask you to join with us in attempt- ing to make that choice available to them. Please do not hesitate to contact us in the event this matter raises any questions we might be able to answer. Very truly yours ry R o stein ice Pr sident HRG/br/m enclosure 1~ ~ - -`~ RALPH YARBOROUGH, TEX., CHAIRMAN JENNINGS RANDOLPH, W, yA. JACOB K. DAVITS. N.Y. HARRISON A. WILLIAM S. JR., NJ. WINSTON L. PROUTY, VT. CLAIBORNE PELL. R.1. PETER H. DOMINICK, COLO. EDWARD M. KENNEDY, MASS. GEORGE MURPHY, CALIF. GAYLORD NELSON, WIS. RICHARD 5. SCHWEIKER, PA. WALTER F. MONDALE, MINN. HENRY BELLMON, OKLA. THOMAS F. EAGLETON, MO. WILLIAM B. SAXBE, OHIO ALAN CRANSTON, CALIF. HAROLD E. HUGHES, IOWA ROBERT O. HARRIS. STAFF DIRECTOR JOHN S. FORSYTHE. GENERAL COUNSEL April 22, 1969 ~ C~~f eb ,cif a~e~ .~ier~caf COMMITTEE ON LABOR AND PUBLIC WELFARE WASHINGTON, D.C. 20510 Kenneth P. Campbell City Clerk City of Chula Vista Chula Vista, California Dear Mr. Campbell: Before another day is out, I want to acknowledge and thank you for forwarding a copy of the City Council's resolution regarding changes in the rules governing CATV systems. My apologies f'or not providing an earlier reply. I have received much correspondence on this matter. I intend to keep a close watch on the FCC's action in this situation; therefore, the Council's views are helpful. Sincerely, ~; Alan Cranston ~ ~ , f ~`. ~l ~ ~ ~ ~~:~ JOHN C. STENNIS, MISS., CHAIRMAN RICHARD B. RUSSELL. GA. MARGARET CHASE SMITH, MAINE STUART SYMINGTON, MO. STROM THVRMOND, S.C. HENRY M. JACKSON, WASH. JOHN G. TOWER, TEX. SAM J. ERVIN, JR., N.C. PETER H. DOMINICK, COLO. HOWARD W, CANNON, NEV. GEORGE MURPHY, CALIF. STEPHEN M. YOUNG, OHIO EDWARD W. BROOKE, MASS. DANIEL K. INOUYE, HAWAII BARRY GOLD WATER, ARIZ. THOMAS J. MCINTYR E, N.N. RICHARD 5. SCHW EIKER, PA. HARRY F. BYRD, JR., VA. T. EDWARD BRASWELL, JR., CHIEF OF STAFF CHARLES B. KIRBOW, CHIEF CLERK 's21 Crr~f e~ .~f of es ,~enaf e COMMITTEE ON ARMED SERVICES WASHINGTON, D.C. 20510 March 17, 1969 Mr. Kenneth P. Campbeil City Clerk City of Chula Vista Chula Vista, California Dear Mr. Campbell: am enclosing a copy of a letter I have received from the Federal Communications Commission in response to an inquiry I made in your behalf. am sure the City Council will be pleased to learn that Chairman Hyde has made its resolution part of the record in Docket 18397 and it will receive full consideration as this inquiry proceeds. Please be assured of my pleasure in looking into this matter for you and many thanks for bringing it to my attention. Since eiy, ~~ ~~ eorge Murphy GM/sm enclosure ~~ ,~L. ~. ~,~- ~~~ FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 IN REPLY REFER TO: 11040-C .at. -~.. ... ,`. .. >donosable George Murphy United States Senate Washington, D. C. 20510 Dear Senator Murphy: This is in reply to your comoaunication of February 12, 1969, regarding a letter you received from Mr. Kenneth Campbell, City Clerk of Chula Vista, California, expressing the opposition of the Chula Vista City Council to the Colomission's December 13, 1968, yroposal to change certain of its existing C:ATV rules. Copies of your coemunication and Mr. Caepbell's letter have been made a part of the, record in Docket 18397 which embodies the Cox~issian's present inquiry into the appropriateness of its proposed rule changes. >For your infaxmation, i have en- closed a copy of the public notice which describes the scope of the Commission's inquiry in this docket. I trust the foregoing is an adequate response to your inquiry. If ; can be of any further assistance to you, please call on me. sincerely yours, Iksel H. >~yde Choi xtsan iinc losures ~~-~ ~~~ -i L~ ~ '.. L i, ~ ~'i ~~ ~J ~JL.~__. ~!~~I~ U ~~~~~ al Cn ~ ~'~~~~~~~iflns Co~n~ission 1 ~~ ~' ~~~ ~~~~nt, ~~ ~p9. ~P~~S~y,3~~;~~~9, ~.~,. ~~~~~ P~~~a~ ~~n~~~e X535% Report No. 254 CATV ACTION December 13, 1968 - G N~[• C:~.TV RULES PROPOSED BY FCC A broad rulemaking and inquiry to explore the full potential of Community Antenna Television (CATV) in order to derive the maximum public benefits from the service, has been initiated by the Federal Communications Commission with the issuance today of a Notice of Proposed Rule Making and Notice of Inquiry. The Commission announced that it would hold oral argument in the latter part of January on the subjects of CATV program origination, technical standard, reporting requirements and importation of television signal s, and interim processing procedures (Docket 18397). In outlining its proposals the Commission noted "that CATV is rapidly evolving from its original role as a small, five channel, reception service It now appears that cable technology may be on the verge of expanding system capacity to 20 or more channels, and that a variety of new services to the public is envisioned." It said that it hoped the rulemaking and inquiry would provide "meaningful and practical assistance" in considera- tion of problems requiring resolution over the next decade. "We plan to utilize the proceeding to obtain informed opinion, technical information and resent viewpoints of interested persons as a vehicle for rule making action at appropriate stages, and as a basis for the formulation of legisla- tive proposals." The Commission made the following proposals for amendment of Part -, , - - i`-r, Su;~p,:rt :~ oT the Ruies nor CATV SyS~eiiS: (Over) ~~ ~~~~ PROGP~~1 Q~,~.G1,~'Aax:~\: l i._ 1) ;b~~, ..-. .1~:' n )~ ~<'t:n Urlgln3t~Ui7 .., _'I"Vi_:, L1 t_ ~ ..,. ~._. _ zn:.a~ ,. ~ :a1C t.,~ ~.15S1Oi1 LS prC~~OS12~; id IU7.E: tii I'-':;1~->: ~'. ::hctl C:X; ,~;= )~yS~..Lb~.)' (;r t[1C. smallest units, CAV ;>t.erns, as a ~ :b.t~c„ I:Jr carrying television brcadcasL- :i~,~n ,Is, „ust o ~rat.c: ~_~:> ~y~~,ilil:ican.t c.2CLE'nL a5 t3 ll)C%~~ (1_; ~._~. i'i`v C~~~l _i~: ~,t~., ... .l~i...cc-inr, j~rOi7C)SeS t0 t:OI'l.>,.C;~"_'.i' t~lr' ~'Cl)11GI1;.C :;:~ ~_;) L>>r.° ~.~, )/. n~lglna- .. ion and reques~ca c~~ .~,~.:i~.:; s ,.c Ce;, ~._:~t c,;t:_Ci b~: sustained by .;ubscr..'~~_ r f t•. by a it _.~ ~~; none .. fee basis, by a }yer nrJ~;~ are c , ~ ~r~~ or by ~ir:ti ~'.~i.s ~n ;. tiJhi7.e reaching .ic:~ ., ~:.u~..)..~ ~ ad' _A.-._ i_i.e C',,,- rlission as":ed fo:- ~crni~~t~t s on wh~ii.~ ~ ~. ~.. ,_:i~ l~c~. jarred or pernii_tted on ,w :. ,. ~_~-.;._ ~: ~~k_.. ~,~_ ~~_ .,, :r;e~her <:XCepi~lons S}7()Uii1 !fie ii.aC~. .:C)~ -;1~ .-, i. _ .=.~ \ .: t., u,_'r ii `A Sor Cc3rtal.t] CO:;iPi~:..~%.~ ~~LI "' ;.1":C)£ _ `" i'i'V)S~Oi1 ser~;i~~e or Daly one .~~.i; :,~.~c~.~+~. ~~.~ .~:~~ :~tt.;~' that any rLi.C'S 2.dO~~P_Cj. .., .i::_ :SJ~:C;. ~.: ~i~.. v~ i ~ _ ex+=<l~i.i~ ~:O ii all ~~~AV SE'rl'SCE', CJ;C'.%c'.4r'~ COi:;;P.e`T3Ci:Ci, ~u: v;:;rirr;s ior. F ~u ~c?. .: ~o ~ ::,:,~_ _,.l.~s ,:~~ ~ ,: z::t~le. to CA~'V ori~-ina~ior.s ~:~~:.. _~;.r to 1 o ~hN i~C2~ ~;~}•o i:.u:11 tl@S ~ fairness, and sponsors~lip identification regt.:i.r~rlc.nts of the Communications ACt. It stated ti:at rei;;~;i,^.irlr matters would be left to local authorities, and s;:resscd t}ie. importance of these authoriti(~s in ~)r()terting th~_ nubiic :1 sec}i areas aS rat4S tC) t:hC? plibLi. , .: }l c: i.e~al, iliiu~:iCle3l .::i1:iCa ChciraCter Ci1;cSlifiC'~'itlOI1S Cif ;.'_`1C ~',.~>'~~ i A.ChiE,i:'. ::~;)i_~.Cc:tli:.. ..Ili; Clr(_'a ,_i_,, ~ t0 IJe SerVi?Ci, GtC), i.t ~i.c. .. _y SC?i.CL' V G:r.J„a_ (:(~1~-~!C:(? c`.~i1.OI1, t}le ~,(li',Pl"iSS:COn rc315('_(~ Lhe r ~'i ~,~.1.('in CJl t:~h~; l .'i'Ct" i'cl.~ ~_Oil(il_(~E'Y~l- t1.On CdOllld OF' appron7A'1Cc; ~'til(.l .;.t i RJ~it.t)i"1~ ~..~ E)i~OCet~d lii :L;. th1S area. IJIVfIt~I'r"Liar C)Id 0;; (~'~ „ a~... _P: ~,,. __ .. :y >=~.. ~ s ~(1 prC'htrsl.~: CY'OSS-04-~P~ ,. J1 ~ i1.~~. ~, _ lit ._,.i.2.C .1 ., .ia ~ilC' 3di1:6 ~.x~S, ~...~: ,._t ~ _~. .:t;,, t~~._ .. ~ _,.~ ;J_C' ~7.~te 1' local area s.1c~u' d t, e. ~1:~ s~~~t:ie,< :, .. ~__.. s ~~<. _ ,a, :. )r ~. 3~-mile -. zone. ~c i:, .. _. ~. pro~.os~i_n a ~;. ~~ ,_ . ,_..~~ ... ~,._..,.,. . "rJ 1 d ~."'. }TaS1S the total n,...;u~_ 'J w ,, S t~. ~ S =_. c ;~ I.; ,, ~ 'G , ~ d:>.G Q1~1 tt~l ;:ll:;1b21" OL 5 r `"' ~ ~ s ~ ~ utii~.i ,_ i G:1 r: reglCoP.c^;1 `~ _.. _.~~ ._ ,..... .. .r..,. ...,.. i. x'.~.:]YE'StS Gf t.hl~ ~A~:'~ C)pPr~lt~~ r - 3 - The Commission also proposes to limit the number of chan:~els on which CATV originated programming may be presented to one, not including channels directed to services of an automatic nature such as time and weather, news ticker, etc. CO,~iON CARRIER OPERATIONS: While not requiring such operations the Commission believes that the public interest would be served by encouraging CATV to operate as a common carrier on any remaining channels not utilized for carriage of broadcast signals a.,d CATV origination. This might also provide a low cost outlet for political candidates, possibly advertisers, subscription programs on a fee basis, and various modestly funded organizations in the community which may be unable to afford time on or obtain access to broadcast fac-~lities. R.~'ORTING: The Commission proposes to require CATV operators to file information or, a regular oasis. TEC;INICAL STANDARDS: Interested persons are invited to make concrete proposals as to what technical criteria might be presented to further high quality service to the public for both broadcast signals and CATV originated material. After consideration of the comments, the Commission may establish a committee to assist in the formulation of specific proposed criteria. IMPORTATION OF TELEVISION SIGNALS: In the 1906 Second Report, the Commission provided that CATV systems could not bring distant signals into the 100 largest television markets until the system had established in a evidentiary hearing that such operation would be consistent with the public interest, particularly the establishment and healthy development of local broadcast television service. Independent UHF stations were coming on the air as a result of the 19n2 a11-channel receiver television law, and the Commission believed that operation of CATV systems with distant signals raised substantial issues regarding these stations from the standpoint of economic impact and unfair competition (i.e., UHF stations pay for TV programming, whereas t're CATV's presently stand outside the TV program distribution market). The Commission stated in the Second Report that as it gained further experience, it would revise its policies. It believes that it new has such experience, especially in light of the recent Midwest Television, Inc. (San Diegc) case 13 FCC 2d at 78). C. Thal- proceeding es~.ubl~,sLes th:t C^.''V pc nc~_....tion In a Irl&~Or InarkCt [e`11i bi? S1~~,n1flCant, aI'~d t[Iat t~E' impact on T13 broadcast. st~itions of the ur.~air cumpetit:or, aspect of present CATV operation will correspondingly ire significant. The Corn.mission therefore concluded that it would serve ro useful purpose to co~,ti:.ue the burdensome evidentiary hearings, that rather it should propose a rule to criminate the unfair competition aspect. The Commission believes that the most appropriate and simplest way to eliminate: this unfair cor,,petti,r,; s i~~J adoption of a rule pelnnitting the irr.port :tic? o= distant signals, but requirinC the CATV system wt:ich ,~ro;~os~s tea operate with distant signals in a major market co obtai:, retransmission consent of the originatir:g stations. Such a rule would parallel Section 325(a) of t-he Communications Act, w'nich is applicable to broadcast stations and which has been effective in dealing with the transi.ators, boosters or satellites. The Commission recognized that Congress is n;u::h interested in enactment of anew copyright act, which would bear directly on this issue of unfair campc:tition and indeed rnigllt well r..onsti- tue the legislative guideline which the Conur.:ission has long soug~.t and would welcome in an important now f:icld t,uul:I as CA`!'V. The: Commission therefore proposes to proce:d with it.:. ..ulcinr.Tk.:.ng proceeding, to obtain comments ar~d reply commc:nt:s, and to be in a position to take definitive action, but net to take such action until an appropriate period is afforded to di:termine whether= there will be Congressional re SOlUt].On O t:TS C;'UC1.'i j.5,y'l1G Gf unfair competition, with Congressional guidanc~:> i; ` ],is w:,<~:_e field. }i.'~~ R ;MARKETS: The proposed major market rules e~<~~Ia~. pex~mr C A`iV ByStemS t0 C~trYy dzstSnt S1~P.aiS 1si~i' T c ,.';:.~ .;; j~ .. ;. i-l' zones in the lOc~ lamest television markets orT _.: ti~ic ~~=stun rT3S tl'iE' eXpleSS all t:".urlZf.tiOn Of the Ori~lnat:.^ St~:i:LGnS't:i retranSliat the pr.OgramS Gf SUCLl diStSl"lt Si~Ilcl.;,. i Ali' iii0]~liti<:Cl rule l:LSl.s th.? l~l) iTiarketS, aI'iu prOV,.deS float t.."~-: S]?_<_'1i i~:CT zone is the aria extending 35 air ;nile.s fro;n tiT ~.r,ai~ i~nst office in the community or communities named in the ;~,a-nr =. -..~._. ,.._Uti.ig. The proposed -rule would also codify the. so-c<.~. i~c~: ~'~ootnc;te 6" Slti~at'On b~~ prOVldln~ that a CATV Sy::tei 1I. ~~ C'iilL'Tit::llt:1 iOCated wholly wit~Iin a specified zone in one major rr,ark.~t could carry signals from another ma~ior market on?y if the ccr;:T;un:_ty is also 1.OCated WhOI ly Wl thin the S2COnd mar'i~i?t ZOne O i.c t t'.E, SV StE IT. haS retransmission COn'SL:it LS the Or"i`L;inatin~~ St,'-;tiG':S. y it 1S propoSeC t0 "grandfather" existing SerViCe anG Si:r`w"..<:i' aLTLhOriZed by the Commission. (Over) - 5 - DISTANT SIGN:~~S IN SMALLER MARKETS: In smaller television markets, the proposed rules make two provisions: (1) ttiTithin the 35 mile zone of stations in smaller markets, the CATV system could carry such distant signals as were necessary to provide the three full network services, one independent station and any educational stations, provided that the signals were obtained from the closest source in the State or region of the system. The system could also carry the distant signal of any independent station that commences operation at a location closer to the system. The system could carry additional distant signals, provided that it has retransmission consent of the originating stations for programs on such additional signals. (2) CATV systems located outside the 35 mile zone of any station (in a major or smaller market) could carry as many distant signals as they chose, so long as they refrained from "leap-frogging", i.e „ did not carry a more distant station before carrying a closer station of the same type (that is, full network stations of the same network, partial network stations affiliated with the same network or networks, inde- pendent stations, and educational stations). The proposed rules provide for waiver of this pro vision upon an appropriate showing. The Commission is proposing to "grandfather" existing service in the smaller markets and outside of specified zones. MICROt~AVE APPLICATIONS: While the proceeding is pending, the Commission would process microwave applications only if they were consistent with the proposed rules. The Commission would consider requests for processing of microwave applications to permite some "leap-frogging" by CATV systems outside of any 35 mile zone, that is, in those instances where waivers of the proposed rules is contemplated. (Over) iT ~ INTE RI:~i E ~~C:Jli.i~S : Dur:i-'. ~ the pe: dz :lc;- of the rulemaking, the Commission would: (1) Halt all major marici:t proceedings wherever they stand. (2) Process recuests f.:ar waiver of the hearing requirement in Section 74.1107ia) of thc, existing rules only where tine C:~'1'V systeia is located outside the proposed 35 mile ZOril: ~_n she ..;."i,jOr riarlce.~:.. (3) Cram a :tTa re.citui;ts for w:a.~ver to operate with retrans.a. ,.~;.on consent ~ait`lin the 35 mzle zone, in orcer o gain. information about the actual operaoc~. of :h.e proposed retransmission consent recuire::u~,.~. GENERAL AREAS OF IN<<liI'i<Y: Tl;e Commission proposes to explore various questions raised b}> the possibility of amulti-purpose local CATV communications system, providing r~ variety of services in addition to television, and natior.ai ir.terconr;ection of such systems. These questions include the appropriate relztionship betcaeen CATV, common carriers, broadcasters, and others who provide, or may sc•clc to provide, comraunicatians services in the carumunity. 'C'hc~y e.:c;,lor~ a;nonth othc~- things, the nature of the facilities, diversification of ownership and control, inter- connection, L-echnical aspects, division of regulatory functions among various governmental. autlorities, legislative recom- mendations, etc, Whi.ie these c,uestions extend to other areas in the communications fic)d irasides CATV, they have implications which may affect thc~ resolution of the specific rulemaking proposals as to C~'~'TV. Comments or; ~:,:~ inc:~~uiry nay be ~:iied c.,n o.• before June i6, 1969 Ce" t'1 ri'ply COmmerat duty r ~ %•- i5, '..yOt', Lc>~, ,C=r;tS On t:l~, rui2m3king propOSalS are Cure an C>`.6 vi=.C%Yt- +ac:-'C:~'`: .i, :.969, witri r~='p)_}T comments due April 3, "1969, It c: FCC first. a - ~r~'. ii 11 _ ~c~~~ ;urAnc;zC;:.~on CVi? r CATV in 1962 when I.t Condl.tioned miCrCiW2=zti~'. al>~i.i.t.«t'iOnS LUr CATV SerV1.Ce zn a number of tti~esorn t~lyoming towns lie.cause cf potentially serious impact on local television. stations. l:z 19:,5 ...les were est,ibiished for CATV systems fed by microwave and i.n 1966 jur~d..ct. _.. Baas e~r_c,x-u~ed to all systems whether served b;, micro~.~'ave or not. _..-, i~~i=, % , ~. ;:;ro:a~ of CATV systems in °,n Diego California, brout;i-~L ., .it a7ainst `':~~~ Commission chalier?ging U iw , its jurisdiction,. The Su~rc~n,<:: C:o~:rt,, in a ru: ing in June, this year, upheld the regulatory tun~:tier, o~ the Cv:,l;aission. :':coon by the Commission by r;otice o~ Proposed Rule Making and Notice of Inquiry, December i.L, 1.96;;. Commissioners Hyde (Chairman), , Wadsworth ar.d H, Rax Lee, wit•;: C:o„r.-lssioner D~~rtiey d:,senting and issuing a .._t.teiL::t, Conlmissianers R, F.. i.ea a: d Cox concurri: g in part and ~i~senti~; in part and issuing a statement and Commissioner Johnson conc~_ _ _, ., ACC _ FEDERAL COMMUNICATIONS COMMISSION WASHINGTON February 13, 196 9 Mr. Kenneth P. Campbell Office of City Clerk Chula Vista, California Dear Mr. Campbell: Thank you for sending me a copy of the resolution adopted by the City Council of Chula Vista. Sincerely, /1 I ~ a r~ ` Nicholas John Commissioner ~-~~-/, K-'- I, ' ;, _ FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 ~~~3 ' ac; IN REPLY REFER TO: 3300 Mr. Kenneth P. Campbell City Clerk City of Chula Vista Chula Vista, California 92012 In re: Docket No. 18397 Dear Mr. Campbell: This is to inform you that your letter containing comments on Commissions proposed CATV rules has been received and will be placed in the record in Docket No. 18397 for con- sideration by the Commission in the rulemaking proceedings. Sincerely yours, -~`~q' / Ben F. Waple ,` Secretary