RES-8239 Authorizing Certification Application to Federal Communications CommissionRESOLUTION NO, 8239
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING THE SUBMISSION
OF A CERTIFICATION APPLICATION TO THE
FEDERAL COMMUNICATIONS COHHISSION, ADOPTING
REGULATIONS THAT ARB CONSISTENT WITH THE
FEDERAL COHHUNICATIONS COHHISSION'S BASIC
SERVICE RATE RULES AND REGULATIONS 7 AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND
REGULATIONS WHICH PROVIDE A REASONABLE
OPPORTUNITY FOR CONSIDERATION OF THE VIEWS
OF INTERESTED PARTIES IN RATE REGULATION
PROCEEDINGS TAXEN HEREUNDER,
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 (the "1992 Cable Act") provides, 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 commission; 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, MM
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 approval, 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 WHEREAS, the City of Orange, 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 wit the Commission which are necessary and proper to allow it
regulate 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 reasonable opportunity for consideration of the
views of interested parties; and
WHEREAS, NOW THEREFORE the City Council of the City of
Orange 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 procedures of the city of Orange, the
City of Orange possesses the legal authority to adopt the
regulations contained herein.
section 2. The City of Orange possesses sufficient
personnel to administer the regulations adopted herein.
section 3. The city of Orange has no actual knowledge that
the cable system, or cable systems, operating in its jurisdiction
are subject to Effective Competition and this, based upon the
presumption of established in ~ 76.609 of the Code of Federal
Regulations, ("CFR"), the cable operator, or cable operators,
operating within its jurisdiction are not subject to Effective
Competition.
Section 4. The City Manager, or his designee, are hereby
authorized, empowered, and instructed to file necessary and
proper forms, certifications, documents, and otherwise as
prescribed in CFR ~ 76.610 Commission by (1) registered mail,
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 Orange has been so certified to
so regulate Basic service Rates and the cable operator, or cable
operators, shall thereby be directed, pursuant to CFR ~ 76.930 to
file a schedule of rates for the Basic Service Tier and
associated equipment with the city of Orange within thirty (30)
days as provided in CFR ~ 76.930.
section 6. Upon receipt of the schedule of rates for the
Basic Service Tier and associated equipment as provided in
section 5 above from the cable operator, or cable operators, such
schedule of rates and charges shall be referred to Staff for
review and evaluation pursuant to the substantive and procedural
standards set forth in CFR ~~ 76.900-76.985 and the Report
and Order and Further Notice of Proposed Rulemaking in MM Docket
92-
266.Reso No. 8239
section 7. After a cable operator, or cable operators, have
submitted for review its existing rates for the Basic Service
Tier and associated equipment costs, or proposed changes in these
rates (including increases in the base line per channel charge
that results from reductions in the number of channels in a
tier), the existing rates will remain in effect or the proposed
rates will become effective after thirty (30) days from the date
of submission; provided, however, that the City may hold this
thirty (30) day deadline for an additional time by issuing a
brief written order as provided in CFR ~ 76.933(b) within thirty
30) days of the date of submission explaining that it needs
additional time to review the rates.
section 8. If the city of Orange is unable to determine,
based upon the material submitted by the cable operator, that the
existing or proposed rates are within the Commission's permitted
basic service tier charge or actual cost-of-equipment
as defined in CFR ~~ 76.922 and 76.923, or if a cable operator
has submitted a cost of service showing pursuant to ~~ 76.937(c) and
76.924,seeking to justify a rate above the Commission's
Basic service Tier charge as defined in CFR ~~ 76.922 and 76.923, the
City of Orange may toll the thirty (30) day deadline in section
7 above to request and/or consider additional information to
consider the comments from interested parties
as follows:section 9. If the city of Orange has availed itself
of the additional ninety (90) or one hundred fifty (150)
days permitted above, and has taken no action within these
additional time periods, then the proposed rates will go into effect at
the end of the ninety (90) or one hundred fifty (150) day
periods, or existing rates will remain in effect as such times,
subject to refunds if the City of orange subsequently issues
a written decision disapproving any portion of such
rates provided,however, that in order to order refunds, the City of
Orange shall issue a brief written order to the cable operator,
or cable operators, by the end of the ninety (90) or one
hundred fifty 150) day period above directing the cable operator,
or cable operators, to keep an accurate account of all amounts
received by reason of the rate in issue and on whose behalf such
amounts
were paid.section 10. Upon receipt of a submission by
a cable operator, or cable operators pursuant to section 5
above, the City of Orange shall give public notice by way of
publication of said submission in a newspaper of general circulation
in the jurisdiction within fourteen (14) days of receipt by the
city of Orange thereof. Said publication notice will
state, in substance, that the city of orange is considering
the submission of the cable operator reproduced therein, the date
of submission by the cable operator, that said rates will
become effective within thirty (30) days from the date of submission
unless the city of orange extends the review time pursuant to
sections 8 above, and that interested parties may file written
comments with the City Clerk within seven (7) days
of publication.3-Reso
section 11. If, and to the extent, that the City of Orange
extends the review period pursuant to section 8 above, it shall
then act upon the rate submission only at a public hearing which
has been duly advertised and noticed pursuant to the requirements
of Government Code section 6066. At said noticed public hearing,
which may be continued from time to time, all interested parties
including, but not limited to, subscribers, shall have a
reasonable opportunity to express their views regarding the
matters before the City Council.
section 12. The City of Orange shall issue a written
decision in a rate-making proceeding whenever it disapproves
an initial rate for the Basic service Tier or associated
equipment,in whole or in part, or approves a request for an increase
in whole or in part over the objections of interested parties.
The City of Orange shall not issue a written decision that
approves an unopposed existing or proposed rate for the basic service
tier or associated equipment. Any written decision hereunder
shall only be issued and released at an open and public meeting of
the city Council 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 after 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, affected
thereby.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 seeking to justify a
rate above the Commission's Basic Service Tier charge as defined in ~~
76.922(C)and 76.923, the City of Orange shall, within ninety (
90) days of the date of submission, adopt rules,
regulations, and procedures consistent with the rules and regulations
of the Commission relating to the procedural and substantive criteria
to be applied by the City of Orange to
said cost-of-service submission.section 15. The City
shall possess all remedies available to it under federal, state, and
local law including, but not limited to, those remedies provided in ~~
76.940 - 76.
943
ADOPTEDthis14ATTEST:9ffe-~~City Cler of tffe
1 y of Orange
I hereby certify that the foregoing Resolution was duly and
regularly adopted by the City Council of the City of Orange at a
regular meeting thereof held on the 14 th of September, 1993, by
the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
SPURGEON, BARRERA, MAYOR BEYER, COONTZ
MURPHY
NONE
NONE
1l!AAlW 0 ~,</p~/
city Clerk th&/C~y of Orange
dg 5-Reso No. 8239