HomeMy WebLinkAbout1377RESOLUTION N0. ____ /_3~7 __ 7 __ __
A RESOLUTION of the City Council of the
City of Kent, Washington, regarding cable TV
rate regulation and setting a public hearing
date on a proposed rate regulation ordinance
for January 18, 1994.
WHEREAS, on or about October 28, 1993, the City of Kent
delivered a completed Form 328 to the Federal Communications
Commission ("FCC"), which form requested certification of the
City of Kent, as a franchising authority, to regulate basic cable
television service rates; and
WHEREAS, on or about December 3, 1993, according to FCC
rules and regulations, the City was deemed to be certified for
the aforementioned rate regulation; and
WHEREAS, in order to maintain the City's rate
regulating authority, it must adopt rules and regulations which
are not inconsistent with FCC rules and regulations regarding the
rate making ability of local franchising authorities within 120
days of certification; and
WHEREAS, the City of Kent Public Works Committee, at a
regular meeting held on December 2, 1993, determined to hold a
public hearing before enacting the ordinance that would provide
for the regulation of basic service tier rates, including related
equipment, installation and service charges, of cable television
franchisees operating within the City of Kent; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. A public hearing on the proposed
ordinance to provide for the regulation of basic service tier
rates, including related equipment, installation and service
charges, of all cable television franchisees operating within the
City of Kent (a draft version of which proposed ordinance is
attached hereto as Exhibit A and incorporated herein by this
reference) shall be held at a regular meeting of the Kent city
Council at seven o'clock p.m., Tuesday, January 18, 1994 in the
council chambers of City Hall located at 220 4th Avenue South,
Kent, washington 98032.
Section 2. The City Clerk shall publish notice of
this hearing in one or more newspapers of general circulation at
least one week prior to the hearing.
Passed at a regular meeting of the City Council of the
City of Kent, Washington this 7 day of ct/~
1993.
day of •
~curred in by the Mayor of the City of Kent, this
~~ '1993.
ATTEST:
CLERK
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APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy
of Resolution No. 1.171 , passed by the 5};;:_Y Council of
the City of Kent, washington, the 7 day of ~
199,4"~
CABLETV.RES
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~ BRENDA JACOBE~,
I
3
~(SEAL)
TY CLERK
ORDINANCE NO.
AN ORDINANCE of the City Council 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.
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 Reoort 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 (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 (hereinafter "the
Company") pursuant to the
(hereinafter the "Franchise"; and
EXHIBIT 4
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. 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, notwithstanding any different or inconsistent provisions in
the Franchise.
Section 2. In connection with such regulation, the City
will ensure a reasonable opportunity for consideration of the views
of interested parties.
Section 3. The Mayor, or his or her 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.
Section 4.
ordinance are declared
Severability. The
to be separate
provisions of
and severable.
this
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
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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 by law.
DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 1994.
APPROVED the day of 1994.
PUBLISHED the day of 1994.
I hereby certify that this is a true and correct copy of
Ordinance No. , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent
hereon indicated.
CABLE.ORD
_________________________ (SEAL)
BRENDA JACOBER, CITY CLERK
--==---=--~------=---=----(SEAL) BRENDA JACOBER, CITY CLERK
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