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HomeMy WebLinkAbout5754 RESOLUTION NO. 5754 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY OF ARCADIA TO REGULATE FIRST TIER "BASIC ONLY" CABLE TELEVISION RATES PURSUANT TO THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992. WHEREAS, The Cable Television Consumer Protection and Competition Act (Cable Act) was adopted by Congress in 1992; WHEREAS, the Cable Act, in relevant part, provides for franchising authorities to regulate the first tier or "Basic Only" service rates and associated equipment rentals in accordance with the Basic Service Rate regulations prescribed by the Federal Communications Commission (FCC) upon certification by the FCC; WHEREAS, a franchising authority seeking jurisdiction to regulate Basic Only Service Rates, as defined in the Cable Act, must obtain authorization from the FCC to so regulate; WHEREAS, the City of Arcadia, as the franchising authority, has filed with the FCC its intent to regulate Basic Only Service rates; WHEREAS, the City Council will encourage public participation into the rate setting process consistent with the Cable Act; and WHEREAS, the Council must affirm its interest in regulating Basic Only Service rates through the adoption of this Resolution; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City of Arcadia has the legal authority to regulate Basic Only Service rates consistent with the Cable Act; 5754 SECTION 2. The cable operator in the City of Arcadia is not subject to effective competition and can therefore, under the Cable Act, have its Basic Only service rates regulated by the City. SECTION 3. The City of Arcadia has sufficient personnel to administer the regulation of the Basic Only service rates consistent with the Cable Act; SECTION 4. Upon the adoption of this Resolution, the City Manager's office shall send a copy of this Resolution to the franchise operator, the FCC, and other interested parties; SECTION s. The City staff shall develop rate regulation proceeding which shall provide a reasonable opportunity for the consideration of the views of interested parties in accordance with the Cable Act; and SECTION 6. Prior to the adoption of new Basic Only service rates, the City Council will hold a public hearing and encourage public testimony as to the Basic Only Service rates; and SECTION 7. The City Clerk shall certify to the adoption of this Resolution, Passed, approved ATTEST: Arcadia 1993. 5754 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifY that the foregoing Resolution No. 5754 was passed and adopted by the city Council of the city of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said council held on the 2nd day of November, 1993 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Fasching, Harbicht, Lojeski, Margett and ciraulo NOES: None ABSENT: None ci Arcadia 5754