HomeMy WebLinkAboutReso 1993-17245 RESOLUTION NO. 17245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE SUBMISSION OF A CERTIFICATION
APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION,
ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE
FEDERAL COMMUNICATIONS COMMISSION'S CABLE TELEVISION
BASIC SERVICE RATE RULES AND REGULATIONS; AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGULATIONS
WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDERATION
OF THE VIEW OF INTERESTED PARTIES IN CABLE TELEVISION
RATE REGULATION PROCEEDINGS TAKEN HEREUNDER
WHEREAS, the Cable Television Consumer Protection and Competition Act of
1992 (the "1992 Cable Act") provides, in relevant part, that franchising
authorities can regulate the rates for Basic Cable Service, as defined in the
1992 Cable Act, in accordance with 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 the Report and Order and
Further Notice of Proposed Rulemaking, MM Docket 92-2266, Released May 3, 1993,
effective June 21 and September 1, 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 such 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 authorities
which provide a reasonable opportunity for consideration of the views of
interested parties; and,
WHEREAS, the City of Chula Vista, as the governing body, hereby desires
to authorize the City Manager, or his 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 defined in the 1992
Cable Act; and,
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Resolution No. 17245
Page 2
WHEREAS, the City of Chula Vista 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, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby resolve as follows:
SECTION 1. Under the laws of the United States, the Constitution and
Statutes of the State of California, and the ordinances,
agreements, and procedures of the City of Chula Vista, the
City of Chula Vista possesses the legal authority to adopt the
regulations contained herein.
SECTION 2. The City of Chula Vista possesses sufficient personnel to
administer the regulations adopted herein.
SECTION 3. The City of Chula Vista has no actual knowledge that the cable
system, or cable systems, operating in its jurisdiction are
subject to Effective Competition and thus, based upon the
presumption of 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 designee, is hereby authorized,
empowered, and instructed to file necessary and proper forms,
certifications, documents, and otherwise as prescribed in CFR
§76.610 Commission by (1) registered mail, return receipt
requested; or (2) hand delivery 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, on or before the date said certification form
is filed with the Commission.
SECTION 5. Upon certification by the Commission, the City Manager shall
give, by registered mail, return receipt requested or hand
delivery, written notification to the cable operator, or cable
operators, that the City of Chula Vista 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 Chula Vista within
thirty {30} days as provided in CFR §76.930.
SECTION 6. Upon receipt of the schedule or rates for the Basic Service
Tier and associated equipment as provided in Section 5 above
from the cable operator, or cable operators, such schedule of
rates and charges shall be referred to staff for review and
evaluation pursuant to the substantive and procedural
standards set forth in CFR §§76-900-76.985 and the Report and
Resolution No. 17245
Page 3
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 after thirty (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
76
brief written order as provided in CFR § .933(b) 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 Chula Vista is unable to determine, based upon
the material submitted by the cable operator, that the
existing or proposed rate are within the Commission's
permitted basic service tier charge or actual cost-of-
equipment as defined 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 defined in CFR
§§76.922 and 76.923, the City of Chula Vista may toll the
thirty (30) day deadline in Section 7 above to request and/or
consider additional information or consider the comments from
interested parties as follows:
(a) For an additional ninety (90) days in cases not
involving cost-of-service showings; or
(b) For an additional one hundred fifty (150) days in cases
involving cost-of-service showings.
SECTION 9. If the City of Chula Vista 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 at
such times, subject to refunds if the City of Chula Vista
subsequently issues a written decision disapproving any
portion of such rates, provided, however, that in order to
order refunds, the City of Chula Vista 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.
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Resolution No. 17245
Page 4
SECTION 10. Upon receipt of a submission by a cable operator, or cable
operators pursuant to Section 5 above, the City of Chula Vista
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 Chula Vista thereof. Said publication notice shall state,
in substance, that the City of Chula Vista is considering the
submission of the cable operator reproduced therein, the date
of submission by the cable operator, that said rates will
become effective within thirty (30) days from the date of
submission unless the City of Chula Vista extends the review
time pursuant to Section 8 above, and that interested parties
may file written comments with the City Clerk within seven (7)
days of publication.
SECTION 11. If, and to the extent, that the City of Chula Vista 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 Chula Vista 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 Chula Vista 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 and the text
shall be made available for public distribution at the offices
of the City Clerk during normal business hours commencing the
next business day after adoption by 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 Chula Vista 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
Resolution No. 17245
Page 5
to be applied by the City of Chula Vista 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.g40-76.g43.
ifo by ~,t
Presented by ~ ~
Director of Finance
Resolution No. 17245
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 7th day of September, 1993, by the followin9 vote:
YES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Vicki C. Soderquist, )eputy City Clerk .
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California,
do hereby certify that the foregoing Resolution No. 17245 was duly passed,
approved, and adopted by the City Council held on the 7th day of September, 1993.
Executed this 7th day of September, 1993·
CS
· oderquist, !ep~ty City Clerk