HomeMy WebLinkAbout93-074 CC Resolution RESOLUTION NO. 93-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMIECULA, CA, AUTHORIZING CITY REGULATION OF THE RATES
CHARGED FOR THE BASIC TIER OF CABLE TELEVISION SERVICE;
AND AUTHORIZING STAFF TO DO ALL THAT IS NECESSARY TO
MTIATE RATE REGULATION, INCLUDING WITHOUT LLMTATION,
OBTAINING FCC CERTIFICATION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. Pursuant to the legal authority vested in the City by Government Code Section
53066, the City has issued a franchise to Inland Valley Cablevision ("Franchisee") to provide
cable television service to subscribers within the City; and
B. The City has the legal authority to regulate rates for the provision of cable television
on the basic service tier offered by Franchisee, consistent with the rate regulations prescribed
by the Federal Communications Commission ("FCC") at 47 C.F.R. Part 76 pursuant to Section
623 of the Communications Act of 1934, as amended by the Cable Act of 1992 (42 U.S. C. S
543)(collectively, the "Act"); and
C. The City desires to become certified by the FCC to regulate the rates charged by
Franchisee to subscribers within the City for the provision of the basic tier of cable television
service.
Section 2. The City Council of the City of Temecula hereby resolves as follows:
A. The City shall regulate the rates charged by Franchisee to subscribers within the City
for the provision of the basic tier of cable television service, subject to certification by the FCC.
B. In regulating the basic tier rates charged by Franchisee, the City will abide by the
regulations established by the FCC, including without limitation those promulgated at 47 C. F. R.
Part 76, and will abide by the Act.
C. The City has the legal authority to adopt, and the personnel to administer, such
regulations.
D. The City will comply with the FCC's procedural rules applicable to rate regulation
proceedings and will provide a reasonable opportunity for consideration of the views of
interested parties.
Resos 93-74
Section 3. The City Clerk shall file a FCC Form 328 with the FCC and serve a certified
copy of the same upon the Franchisee as soon as possible but in no event sooner than September
1, 1993.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
at a regular meeting on the 14th day of September, 1993.
J.S@ufioz, Mayo@
ATTEST:
J4ne $@,ireek, City Clerk'
[St'AL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 93-74 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 14th day of September, 1993, by the
following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Mufioz
NOES: 0 COUNCILNMMBERS:
ABSENT: I COUNCIILMEMBERS: Roberts
_a.
J ne . Greek, City Clerk
Resos 93-74 2