HomeMy WebLinkAbout1994-015 Regulation of basic service ORDINANCE NO. 94- 15
AN ORDINANCE: authorizing and providing 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 Yakima.
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, all as defined therein (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
WHI REAS, 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
0 WHEREAS, the City of Yakima, Washington (hereinafter the "City ") has duly
filed its request for certification with the FCC, and thirty days have elapsed without
response, and 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 TCI Cablevision of Yakima, Inc
(hereinafter "TCI ", the "Company "or "Franchisee ") pursuant to the TCI Franchise
Ordinance No. 93 - 115 (hereinafter the "Franchise ") and any other applicable orders,
resolutions, ordinances or laws; and
WHEREAS, the City Council desires the City 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 or other orders,
resolutions, ordinances or laws; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 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 or other orders, resolutions, ordinances or laws; and
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Section 2 In connection with such regulation, the City will ensure a
ofor,
reasonable opportunity for consideration of the views of interested parties; and
Section 3 The City Manager, or his designee, is authorized to execute on
behalf of the City and file with the FCC any such additional or further 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 Regulations and
Charges, without limitation of any authority to file any other complaints, forms or
certifications for other cable related matters, and all previously filed forms are
ratified and approved, and
Section 4 This Ordinance shall be in full force and effect thirty (30) days
after its adoption as provided by the law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 12th day of Apri 1 1994
_ At,
Assistant Mayor
ATTEST 0
City Clerk
Publication Date: 4 -15 -94
Effective Date: 5 - 15 - 94
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