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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