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ORDINANCE NO. -31-51
AN ORDINANCE of the City of
Kent, Washington, 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 Kent.
0,7 WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 (the
111992 Act") which, among other things, provided that the basic
service tier rates, and the charges for related equipment,
installation and services, as those terms are defined in the 1992
Act, 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 Re ort and Order In the Matter of
Im lementation of Sections of Cable Television Consumer Protection
and Competition Act of 1992• Rate Regulation, MM Docket 92-266,
FCC 93-177 (released May 2, 1993) (hereinafter the "FCC Rate
Regulations"); and
WHEREAS, the City of Kent (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 Washington, Inc. (hereinafter
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"the Franchisee") pursuant to city Ordinance No. 3107 (KCC Chapter
7.12) and No. 3108 (hereinafter, collectively, 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, notwithstanding any different or inconsistent
provisions in the Franchise; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals Incorporated. The foregoing
recitals are incorporated by this reference and are fully made a
part hereof.
Section 2. Section 7.12.240 of the Kent City Code
(contained in Section 2 of Ordinance No. 3107) is hereby amended as
follows:
section 7.12.240. Rates.
A. Subject to federal, state and local law, the
city may establish and regulate the rates or charges for
providing cable service and establish rate regulation
procedures. In the event that federal laws are
subsequently enacted that would allow the city to review,
regulate and establish the rate charged to a subscriber
for cable services, the city may thereafter take such
action.
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B. The city will follow the Federal Communications
Commission Rate Regulations in the city's regulation of
basic service tier rates and charges for related
equipment installation and services, as those terms are
defined in the Cable Television Consumer Protection and
Competition Act of 1992 (hereinafter, "Basic Service
Rates and Charges") of all cable television system
franchisees operating in the city, notwithstanding any
different or inconsistent provisions in the Franchise.
1. In connection with such regulation, the
city will ensure a reasonable opportunity for
consideration of the views of interested parties.
2. The Mayor, or his or designate, 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 reguired
by the FCC Rate Regulations in order to enable the
city to regulate Basic Service Rates and Charges.
C. Within thirty (30) days after the grant of any
franchise hereunder, a franchisee shall file with the
city a complete schedule of all rates to be charged to
subscribers. Prior to implementation of any change in
rates or charges for any service or equipment provided by
a franchisee, a franchisee shall provide to the city and
all subscribers a minimum of thirty (30) days' written
notice of the new schedule of rates to be charged.
Section 3. Savings. Kent City Code Section 7. 12.240
(enacted in section 2 of Ordinance No. 3107), which is amended by
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this ordinance, shall remain in full force and effect until the
effective date of this ordinance.
Section 4. Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section
or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstances shall not affect the
validity of the remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Section 5. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
approval and passage as provided b)
ATTEST:
BRENDA JACOBE)�t; VITY CLERK
AS TO FORM:
A. LUBOVICH,
PASSED the day of
APPROVED the day of
PUBLISHED the day of
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, 19,7,//.
19qil.
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I hereDy certify that this i
Ordinance No. / , passed by the
Kent, Washington, and approved by th
hereon indicated.
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BRENDA JACO R, CITY CLERK
CABLEREG.adm
s a true and correct copy of
City Council of the City of
e Mayor of the City of Kent
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