CC Resolution 8590
RESOLUTION NO. 8590
A RESOLUTION TO PROVIDE 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 CAMPBELL
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 (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
WHEREAS, 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
(hereinafter the "FCC Rate Regulations"); and
WHEREAS, the City of Campbell (hereinafter, 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 San
Jose (hereinafter "the Company") pursuant to City Ordinance 1633 (hereinafter the
"Franchise"); and
WHEREAS, the City desires 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;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR OF THE CITY OF
CAMPBELL, THAT:
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; and
2. In connection with such regulation, the City will ensure a reasonable
opportunity for consideration of the views of interested parties; and
3. The City Manager, or his designee, is authorized to execute on behalf of the
City and file with the FCC such 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 Rates and Charges; and
4. This Resolution shall be effective immediately.
PASSED AND ADOPTED this 13th day of December, 1993, by the following roll
call vote:
AYES: Councilmembers:
Conant, Ashworth, Burr, Dougherty, Watson
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
APPROVED:
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Jyaiia''''Wa~ayor
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ATIEST:
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Anne G, Bybee, ity Clerk