HomeMy WebLinkAboutTC Res 1993-12-15
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RESOLUTION NO. 2984
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING AND AUTHORIZING THE TOWN MANAGER TO
TAKE STEPS NECESSARY TO IMPLEMENT THE TOWN'S CABLE RATE
REGULATION AUTHORITY IN COMPLIANCE WITH THE CABLE
TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF
1992 AND THE RULES OF THE FEDERAL COMMUNICATIONS
COMMISSION; RESERVING THE RIGHT TO DELEGATE RATE
REGULATORY AUTHORITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECfIVE DATE
WHEREAS, in October 1992 the United States Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 (the "Act"), which, among
other things, authorized local franchising authorities to regulate rates for cable television
services under certain circumstances and
WHEREAS, the Act requires the Federal CommunIcations Commission ("FCC") to
promulgate rules concerning, among other things, the requirements and procedures for
regulation of rates for certain cable television services, and
WHEREAS, the rules adopted by the FCC require a local franchising authority to
file for certification with the FCC and to take certain other steps in order to be authorized
to regulate rates for cable television services, and
WHEREAS, the Town of Tiburon Town Council (hereinafter "Town") deems it to be
in the best interests of the citizens and residents of the Town to approve and authorize the
Town Manager to take the steps necessary to implement the Town's cable rate regulation
authority under the Act and the FCC rules;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon:
Section 1. The Town Manager is hereby authorized to sign and file the necessary
forms with the Federal Communications Commission so that the Town is certified to
regulate the rates charged by cable franchisees in the Town for basic cable service and
equipment. The Town Manager is authorized to take all steps appropriate to complete the
forms including but not limited to: (1) affirming that the Town will adopt and administer
regulations consistent with the FCC's rules governing regulation of the basic tier; (2)
affirming that the Town has the legal authority to adopt regulations and the personnel to
administer those regulations; (3) affirming that the regulations adopted will provide a
reasonable opportunity for consideration of the views of interested parties; and (4)
affirming that the Town has reason to believe the FCC's presumption that cable systems
do not face effective competition is correct in the Town, and no reason to believe it is
incorrect.
Section 2. The Town Manager shall file and serve the certification forms at the FCC
and upon cable franchisees as required by FCC rules. The Town Manager is authorized
to notify cable franchisees when certification has been granted and applicable regulations
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adopted. The Town Manager is further authorized to take such other actions as may be
appropriate so that the Town may regulate basic service and equipment rates, and so that
the Town can respond to challenges to certification. This includes the authority, in
consultation with the Town Attorney, to make filings at the FCC or in court on behalf of
the Town.
Section 3. The Town Manager is authorized to file complaints at the FCC regarding
the rates charged by cable franchisees for services and equipment associated with cable
programming services. The Town Manager may take such additional steps as may be
appropriate to ensure that a reasonable rate is established for cable programming services.
Section 4. The Town Manager shall keep the Town Council informed of actions
taken pursuant to this Resolution, and of developments relating to cable television
regulation.
Section 5. The Town Council reserves the right, by ordinance or through any other
lawful means, to delegate responsibility for rate regulation, in whole or in part, to any
properly created joint powers authority created for that purpose.
Section 6. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 7. If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 8. This Resolution shall become effective immediately upon its passage and
adoption, the welfare of the Town and its residents requiring it.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on December 15. 1993 by the following vote:
AYES:
COUNCILMEMBERS:
Thayer, Thompson, Nygren, Kuhn
Friedman
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
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MICHAEL FRIEDMAN, MAYOR
Town of Tiburon
ATIEST:
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RESE M. HENNESSY, TO CLERK