HomeMy WebLinkAboutCC RES 93-091RESOLUTION NO. 93-91
A RESOLUTION OF THE CITY OF PALM DESERT AUTHORIZING THE
SUBMISSION OF A CERTIFICATION APPLICATION TO THE FEDERAL
COMMUNICATIONS COMMISSION, ADOPTING REGULATIONS THAT ARE
CONSISTENT WITH THE FEDERAL COMMUNICATIONS COMMISSION'S
BASIC SERVICE RATE RJLES AND REGULATIONS; AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND REGUL.ATIONS
WHICH PROVIDE A REASONABLE OPPORTUNITY FOR CONSIDER.ATION
OF THE VIEWS OF INTERESTED PARTIES IN RATE REGULATION
PR�CiEDINGS TAKEN HEREUNDER
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 (the "1992 Cable Act") provide5, 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 Commis�ion; 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, NII�1
Docket 92-2266, Released May 3, 1993, effective June 21, 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 agproval, 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
RESOL,UTION NO. 93-91
WHEREAS, the City of Palm Desert, as the governing body,
hereby desires to authorize the City Manager, or his (her)
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
CaDle Act; and
WHEREAS, the City of Palm Desert 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 reasonabie
opportunity for consideration of the views of interested parties;
and
WHEREAS, NOW, THEREFORE, the City of Palm Desert 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 procedure;, of the City of Palm Desert,
the City of Palm Desert possesses the legal authority to adopt the
regulations contained herein.
Section 2. The City of Palm Desert possesses sufficient
personnel to administer the regulations adopted herein.
Section 3. The City of Palm Desert 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 established in Section 76.609 af the Code of
Federal Regulations, ("CFR"), the cable operator, or cabie
operators, operating within its jurisdiction are not subject to
Effective Competition.
Section 4. The City Manager, or his or her designee, are
hereby authorized, empowered, and instructed to file necessary and
proper forms, certifications, documents, and otherwise as
prescribed in CFR S 76.610 Commission by (1) registered mai1,
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 Palm Desert has been so certified to so
regulate Basic Service Rates and the cable operator, or cable
operators, shall thereby be directed, pursuant to CFR S 76.930 to
-Z-
� equipme�� w:�� the City of Pa'_� Des2r� w:thin thirty Z30) day_ a=
provide� in CF� g ;6.93C.
Sec�ion_6. Upon rece�pt of the sc�eduie of rates for t:�.e
Bas:� Se�vice Tie_ and ass�ciated equipmen� as provide� in 52��i�:,r.
5 above from the cable ope:ator, or cabie operatocs, such sche�,:�P
of ra�es a;,d c�arges s�ai1 be reFe�red to Staff for revie�« a�,d
eva:sa�_on pu*-s�ant to the subs�anCive a�d proce�ural sta�,da_�s sz�
for�� in CrR S� 76.900-,6.985 and the Re�or:. and Orde: a;,d Furthe�
Notice c` Pr�pose� RuieTax;ng in ?rL�i Docke� 92-266.
Sec��on 7, A��e� a cable operator, or cab�e ope�a;.crs,
have su:m:tte� for review its existing rates for the Bas�c Se_•�i�e
Tier and associated equipment costs, or proposeu cha;�ges in the�-
rates (including increases in the base line channel charye tha-
results from reductions in the numi�er of channels in a tie�), t�:e
existing rates w?11 remain in effect or the pro�osed rates w'_=1
become e:fective after thirty (3�) dayc from the date of
submiss�on; provided, however, tha� the C�ty may hold this thir�y
(30) day deadline for an additiona� time by issuing a brieF w���te-;
orde: as provided in CFR S 76.933(b) of within thirty (30) days oF
the date of submission explaining that it needs additional time ;.�
review the rates.
Section_8. If the City of Palm Desert is una�:e to
determine, based upon the material submitted by the cable ope�a:.oc,
that the exis�inq or proposed rates are within the Commiss:�n's
permitted basic service tier charge or actual cos�-of-equipme-:� as
defined in CFR SS 76.922 and 76.923, or if a cable operator has
submitted a cost of service showing pursua;�t to S§ 76.937(c) a�.d
76.924, seek�nq to justify a rate above the Commission's Ba=:c
Service Tier charge as defined in CFR $§ 76.922 and 76.923, the
City of Palm Desert may toll the thirty (30) day deadlir,e in
Section 7 above to request and/or cons�der additionai informa�:cn
to consider the coaunents from interes�ed parties as foilows:
(a) For an additional ninety (90) days in cases no�
involving cost-of-service showing; or
{b) For an additional one hund:ed fifty (15�) da;�s i.^.
cases involving cost-o,f-service showinqs.
Section 9. If the City of Palm Desert has availed itse:!
of the additional ninety (90) or one hundred fifty (150) deys
pe:mitted above, and has taken no action within these additione:
time periods, then the proposed rates will go into effect at tt�e
end of the ninety (90) oL� one hundred fifty (150) day periods, or
exis�ing rates will remain in effect at such times, sub;ec� to
refunds if the City of Pa1m Desert subsequently issues a wricten
decision disapproving any portion of such rates, provided, ho�.•eve: ,
that in order to order refunds, the City of Palm Desert shall iss::e
a brief written order to the cable operator, or cable ope:ators, by
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RESOL.UTIO[Y N0. 93-91
de��sion disa�Qrovinq a�y por�ion of such ra�es, provide�, how�•:o:,
that in ordec to order re`unds, tre City of Palm Dese_t shail iss;:F
a brief written or�e: to the cabie ope�a:or, or cabie operators, by
the e^d of the nine�y (90) or �ne hundred fifty (150) day pa:iod
pe�m�tted above dicec�ing the ca�ie oQerator, or cabie ope:ators,
to kee� an accurate account of all amounts received by reason o�
the rate in issse and on whose be�;ai` such amounts we�e paid.
Se� �_ion 1_0 . Upon rece ipt of a submiss �on by a cab ie
oQer;tor, or ca'oie operators pursuant to Se�tion 5 above, the City
of Palm Des2r� sha11 give pubiic notice by way of pubiication of
said submission in a new��aper of general circulation in the
jurisdic�ion within fourteen (14) days of receipt by the CiLy of
Palm Desert thereof. Said publication notice sha�l state, in
substance, that the City of Palm Desert is considering the
submission of the cable operator reDcoduced :herein, the d3�e o�
submission by the cable cQerator„'that s.:id rates will becoa�.t
eFfective within thirty (30) days from the date o: subrr�ission
unless the City of Palm Desert extends the revie:� time pursua:�t to
Sections 8 above, and that interes�ed parties may file w�itte;,
comments with the City Clerk within seven (7) days of publicaCion.
(
Sec�ion 11. If, and to the extent, that the City of Pa:m
Desert extends the review period pursuant to Section 8 above, it �
shall then acC upon the rate submission only at a public hea:ing,
which has been duly advertised and noticed pursuant to the
requirements of Governrnent Code Section 6066. At said noticed
public hearinq, which may be continued from time to time, all
interesLed parties including, but not limited to, subs:.�ire:s,
shall possess a reasonable opportunity to express their vie�.�s
reqarding the matters before the City Council.
Section__12. The City o� Pa:m Desert shall issue a writte-�
decision in a rate-making pro�eed�ng whe;,e•.•er is disapproves a-�
initial rate for the Basic Service Tier or associated equipm�:�t, in
whole or in part, disapproves a request for a rate incre.ase in
whole or in part, or a�proves a reques� for an increase in whole or
in part over the objections of interesLed parties. The City of
Palm Desert is not required to issue a written decision tha`.
aporoves an unopposed existing or proposed rate for the bas�c
se:vice tier or associated equipment. Any written decision
required herein shall only be issued and released at an open and
public meeting of the City Co�ncil 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 afte�
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, affect,ed the:eby.
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RESOLUTION NO. 93-91
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 seek�ng to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR §� 76.922
and 76.923, the City of Palm Desert shall, within ninety {90) �ays
of the date of submission, adopt rules, regulations, and grocedures
consistent with the rules and regulations of the Commission
relating to the procedural and substantive criteria to be applied
by the City of Palm Deser� �o said cost-of-service submiss�on.
Section 15. They City shall possess all remedies available
to it under federal, state, and local law including, but not
limited to, those remedies provided in CFR §§ 76.940-76.943.
ADOPTED this 23rd day of September, 1993 by the City Council
of Palm Desert by the following vote, to wit:
AYES: CRITES, SNYDER, WILSON, BENSON
NOES: NONE
ABSEHT: KELLY �
ABSTAIN: NONE /
e
ATTEST:
�
,/ •
� ��J
--- .. . __...-� - -- __—..
Sheila R. Gil
�,
gan, Ci Clerk
m'
n
„�_ /l C �'-f � ^ � ,
Benson, Mayor
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