Resolution - 9023RESOLUTION NO. 9023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA 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
isPROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A
REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEWS OF
INTERESTED PARTIES IN RATE REGULATIONS PROCEEDINGS TAKEN
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 (the 111992 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
Report and Order and Further Notice of Proposed Rulemaking, MM
Docket 92-2266, Released May 3, 1993, effective June 21, 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 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 views of interested parties; and
WHEREAS, the City of West Covina, 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; and
WHEREAS, the City of West Covina 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 West Covina does hereby
resolve as follows:
Section 1. Under the laws of the United States; the
Constitution and Statutes of the State of California, and the
ordinances, agreements, and procedures of the City of West Covina,
the City of West Covina possesses the legal authority to adopt the
regulations contained herein.
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Resolution No. 9023
Section 2. The City of West Covina possesses sufficient
personnel to administer the regulations adopted herein.
Section 3. The City of West Covina has no actual knowledge
that the cable system, cable systems, operating in its jurisdiction
are subject to Effective Competition and thus, based upon the
presumption of 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 § 76.610 Commission by (1) registered mail,
return receipt requested; or (2) hand delivered 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 said certification form is filed
with the Commission.
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 West Covina has been so certified to so
regulate Basic Service Rates and the cable operator, or cable
operators, shall thereby be directed, pursuant to CFR $ 76.930 to
file a schedule of rates for the Basic Service Tier and associated
equipment with the City of West Covina within thirty (30) days as
provided in CFR § 76.930.
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 Staff for review and
evaluation pursuant to the substantive and procedural standards set
forth in CFR § § 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 its 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 § 76.933(b) of within thirty (30) days of the date
of submission explaining that it needs additional time to review
the rates.
Section 8. If the City of West Covina 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 $§ 76.922 and 76.923, or if a cable operator has submitted a
cost of service showing pursuant to SS 76.937(c) and 76.924,
seeking to justify a rate above the Commission's Basic Service Tier
charge as defined in CFR §§ 76.922 and 76.923, the City of West
Covina may toll the thirty (30) day deadline in Section 7 above to
request and/or consider additional information to consider the
comments from interested 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.
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Resolution No. 9023
Section 9. If the City of West Covina 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 of West Covina subsequently issues a written
decision disapproving any portion of such rates, provided, however,
• that in order to order refunds, the City of West Covina 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 of West
Covina 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
West Covina thereof. Said publication notice shall state, in
substance, that the City of West Covina is considering the
submission of the cable operator reproduced therein, the date of
submission by the cable operator, that said rates will become
effective with thirty (30) days from the date of submission unless
the City of West Covina extends the review time pursuant to
Sections 8 above, and that interested parties may file written
comments with the City Clerk (Clerk of the Board of Supervisors)
within seven (7) days of publication.
Section 11. If, and to the extent, that the City of West
Covina extends the review period pursuant to Sections 8 above, it
shall then act upon the rate submission only at a public hearing
which has been duly 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 (Board of
Supervisors).
Section 12. The City of West Covina 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
West Covina 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 only be issued and released at an open and
public meeting of the City Council (Board of Supervisors).
Section 13. These regulations may be amended, from time to
time, by the City Council (Board of Supervisors) with or without
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 §§
76.937(c) and 76.924 seeking to justify a rate above the
Commission's Basic Service Tier charge as defined in CFR SS 76.922
and 76.923, the City of West Covina shall, 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 of West Covina to said cost -of -service submission.
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Resolution No. 9023
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 SS 76.940-76.943.
C
Mayor Ri rd nnings
• ATTEST:
0
City Clerk Janet Berr
APPROVED AS TO FORM:
-,-A4�)C CQ W- &Cr/ -rLCL.
City Atto ey Betsy Hanna
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the West Covina City Council at a regular meeting on
October 5 , 1993, by the following vote:
AYES: COUNCILMEMBERS: Herfert, Manners, McFadden
NOES:
None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: Councilmembers Wong', Jennings
IN WITNESS WHEREOF, I have set my hand this day
of�, 1993.
City Clerk Janet Berr
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