93-183 RESOLUTION NO. 93R- 183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM 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 RULES AND REGULATIONS, AND
ESTABLISHING CERTAIN PROCEDURAL LAWS AND
REGULATIONS WHICH PROVIDE A REASONABLE
OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF
INTERESTED PARTIES IN RATE REGULATION
PROCEEDINGS TAKEN 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 September 1,
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
3859.1\EEGAN\Septembel- 9, 1993
WHEREAS, the City of Anaheim, 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 Cable Act to initiate federal regulation of Cable
Programming Services rates; and
WHEREAS, the city of Anaheim 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
reasonable opportunity for consideration of the views of
interested parties; and
WHEREAS, NOW, THEREFORE, the City of Anaheim does
hereby resolve as follows:
SECTION 1.
Under the law of the United States, the Constitution
and Statutes of the State of California, and the ordinances,
agreements, and procedures of the City of Anaheim, the City of
Anaheim possesses the legal authority to adopt the regulations
contained herein.
SECTION 2.
The City of Anaheim possesses sufficient personnel to
administer the regulations adopted herein.
SECTION 3.
The City of Anaheim 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 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 or her designee, are hereby
authorized, empowered, and instructed to file necessary and
proper forms, certifications, documents, and otherwise as
prescribed in CFR Section 76.610 with the Commission by (1)
registered or certified 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
3859.1\EEGAN\September 9, 19~
said certification form is filed with the commission. In
addition, the City Manager is authorized to execute and file any
forms or submissions necessary to initiate federal regulation of
Cable Programming Service rates.
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 Anaheim has been so certified to so
regulate Basic Service Rates, and the cable operator or cable
operators shall thereby be directed, pursuant to CFR Section
76.930, to file a schedule of rates for the Basic Service Tier
and associated equipment with the City of Anaheim within thirty
(30) days, as provided in CFR Section 76.930, or such other
period as provided by law.
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 the City Manager for
review and evaluation pursuant to the substantive and procedural
standards set forth in CFR Subsection 76.900-76.985 and the
Report and Order and Further Notice of Proposed Rulemaking in MM
Docket 92-266.
SECTION 7.
After a cable operator or cable operators have
submitted for review their existing rates for the Basic Service
Tier and associated equipment costs, or proposed changes in these
rates (including increases in the base line 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 Section 76.933(b) or within
thirty (30) days of the date of submission, explaining that it
needs additional time to review the rates.
SECTION 8.
If the City Council 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
Subsection 76.922 and 76.923, or if a cable operator has
submitted a cost of service showing pursuant to Subsection
~859.1\EEGAN\Septembe~ 9,
76.937(c) and 76.924, seeking to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR
Subsection 76.922 and 76.923, the city Council may toll the
thirty (30) day deadline in Section 7 above, to request and/or
consider additional information and to consider the comments from
interest parties, as follows:
(a) For an additional ninety (90) days in cases not
involving cost-of-service showing; or
(b) For an additional one hundred fifty (150) days in
cases involving cost-of-service showings.
SECTION 9.
If the City Council 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 Council subsequently issues a written
decision disapproving any portion of such rates; provided,
however, that in order to order refunds, the City Manager or his
designee 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 permitted 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 Clerk 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 Anaheim thereof.
Said publication notice shall state, in substance, that the city
of Anaheim 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 Council extends the
review time pursuant to Section 8 above, and that interested
parties may file written comments with the city Clerk within
seven (7) days of publication.
SECTION 11.
If, and to the extent, the city Council 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
~859.1\EEGAN\$eptember 9, 1~3
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 possess a reasonable
opportunity to express their views regarding the matters before
the city Council.
SECTION 12.
The city Council 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, disapproves a request for a rate increase 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 Anaheim
is not required to issue a written decision that approves an
unopposed existing or proposed rate for the basic service tier or
associated equipment. Any written decision required herein shall
be issued and released only 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 the 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
Subsection 76.937(c) and 76.924 seeking to justify a rate above
the Commission s Basic Service Tier charge as defined in CFR
Subsection 76.922 and 76.923, the city Council will, 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 Council 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 CFR Subsection 76.940-76.943.
3859.1\EEGAN\September 9, 1993
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14~h day of
September , 1993.
AYES: Feldhaus, Hunter, Simpson, Daly
NOES: None
ABSENT: Pickler
MAYOR O/T~EHECl~fO~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM .
EME:lm
3859.1\EEGAl~\Septembe~ 9, 1993
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 93R-183 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 14th day of September, 1993, by the following vote oi" the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter,, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler ~1~
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-183 on
the 15th day of September, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 15th day of September, 1993.
CiTY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Cleck of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-183 was duly passed and adopted by the City Council of the City of Anaheim on
September 14, 1993.
CITY CLERK OF THE CITY OF ANAHEIM