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Proposed Resolution No.
RESOLUTION NO. ~/~7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE PROPER CITY OFFICIALS TO TAKE
STEPS NECESSARY TO IMPLEMENT THE CITY'S CABLE
RATE REGULATION AUTHORITY IN COMPLIANCE WITH
THE CABLE TELEVISION CONSUMER PROTECTION AND
COMPETITION ACT OF 1992 AND THE RULES OF THE
_..FEDERAL COMMUNICATIONS COMMISSION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in October 1992 the United States Congress enacted
the Cable Television Consumer Protection and Competition Act of
1992 (the "Act"), which, among other things, authorized
municipalities to regulate rates for cable television services
under certain circumstances; and
WHEREAS, the Act requires
Commission ("FCC") to promulgate
the Federal Communications
rules concerning, among other
things, the requirements and procedures for regulation of ra~es for
certain cable television services; and
WHEREAS, the rules adopted by the FCC require a municipality
to file for certification with the FCC and to take certain other
steps in order to be authorized to regulate rates for cable
television services; and
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, deems it to be in the best interests of the citizens and
residents of the City to approve and authorize the proper City
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Proposed Resolution No.
RESOLUTION NO. ~ 93 °/&7
officials to take the steps necessary to implement the City's cable
rate regulation authority under the Act and the FCC rules;
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, acknowledges and recognizes that the passage and adoption
of this Resolution does not constitute rate regulation and that
when and if rate regulation is implemented by the City it shall be
in complete compliance with all applicable FCC rules and
regulations and provided for by appropriate ordinance with due
public notice to the City's cable television franchisees;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF Boynton Beach, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and
correct and hereby ratified by the City Commission.
Section 2. The City Manager is hereby authorized to sign and
file the necessary forms with the Federal Communications Commission
so that the City of Boynton Beach ("the City") is certified to
regulate the rates charged by cable franchisees in the City for
basic cable service and equipment. The City Manager is authorized
to take all steps appropriate to complete the forms, including but
not limited to: (1) affirming that the City will adopt and
administer regulations consistent with the FCC's rules governing
regulation of the basic tier; (2) affirming that the City has the
legal authority to adopt regulations and the personnel to
K: \~BOYN TOI~\RESO~RATEREG
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Proposed Resolution No.
RESOLUTION NO. ~9~/&7
administer those regulations; (3) affirming that the regulations
adopted will provide a reasonable opportunity for consideration of
the views of interested parties; and (4) affirming that the City
has reason to believe the FCC's presumption that cable systems do
not face effective competition is correct, and no reason tobelieve
it is incorrect.
Section 3. The City Manager shall file and serve the
certification forms at the Federal Communications Commission and
upon City cable franchisee as required by FCC rules. The City
Manager is authorized to notify the City's cable franchisees when
certification has been granted and applicable regulations adopted.
The City Manager is further authorized to take such other actions
as may be appropriate so that the City may regulate basic service
and equipment rates, and so that the City can respond to challenges
to certification. This includes the authority, in consultation
with the City Attorney, to make filings at the FCC or in court on
behalf of the City.
Section 4. The City Manager is authorized to file complaints
at the Federal Communications Commission regarding the rates
charged by City cable franchisees for services and equipment
associated with cable programming services. The City Manager may
take such additional steps as may be appropriate to ensure that a
reasonable rate is established for cable programming services.
K: \W\BOYN TON\RESO~.RATEREG
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Proposed Resolution No.
RESOLUTION NO. R~-167
Section 5. The City Manager shall keep the Federal
Communications Commission informed of actions taken pursuant to
this Resolution, and of developments relating to cable television
regulation.
Section 6. The City Commission of the City of Boynton
Beach, Florida, acknowledges and recognizes that the passage and
adoption of this Resolution does not constitute rate regulation.
When and if rate regulation is implemented by the City it shall be
in complete compliance with all applicable Federal Communications
Commission rules and regulations and provided for by appropriate
ordinance with due public notice to the City's cable television
franchisees.
Section 7. All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
Section 8. If any clause, section, other part or application
of this Resolution is held by any court of competent jurisdiction
to be unconstitutional or invalid, in part or application, it shall
not affect the validity of the remaining portions or applications
of this Resolution.
Section 9. This Resolution shall become effective immediately
upon its passage and adoption.
K: \t'~,BOY N TOI~ \RE SO\RAT ER E G
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Proposed Resolution No.
RESOLUTION NO. R~3--/&7
PASSED AND ADOPTED BY
Beach, FLORIDA, THIS
ATTEST:
THE CITY COMMISSION OF THE CITY OF Boynton
~- DAY OF Ocli. , 1993.
S ITY OF~ ~T~ON BEACH, FLORIDA
-~~ila, Vice Mayor
CITY CLERK
I H~ CERTIFY that I
hav~l~p~rovedlthe;~i~ form
of?/~P~S?'~ 'SO TION.
C~Y ATTOt~Y
K: \~/\BOYNTON\RESO\RATERE G
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I.'.~.IBOWITZ & SPENCER
1993 CARLE TELEVISION LAW:
CABLE RATE, REGULATION.-WHAT ~CAL FRAN~.qE
AUTHORITIES CAN & MUST DO AFTER NOVEMBER IS, 1993
ORLANDO, FLORIDA
~uesday, November 9,1993
9:~o ~-~.v~
(2 M~utes~fmm Airport)
VITAL QUESTIONS TO BE DISCU~
· How will the FCC and loc~ franchise authoritie~ {m?}emeat rat~ regul~o~ for new ami exi.~i~
· VV'hat is ~. ~ rat~ rcgu]atlon? ~ is co~t of s~rvi~ cable rat~ r~Iml~t~on?
· At*c cabl~ r~e~ ~ ~* dc~ivn in my con~nnily?
operator?
® How does alocal f~anchise au~ori~ evah~e the cable company, z rate reque~?
®.. can we work with other cities to regulate cable ra~es?
· What happe~ ffthe local franchise aur. hori~y does not rcgulat~ cable ra~ez?
· Cau the local fi'anchise authority and the local cable operator enter Jato a local ra~e regulation
agrecmen~ aad by-pass th~ FCC process?
PROGRAM SCHEDUI .i~.~-
Momi~ Session.
9:.30 - 11:~0
11.~0- 11:/5
11:15 - 1'2:30
12:30 p.~ - 2:00 p~
Afternoon Session:
2:00.3:30
3:30.3:45
3:45.5:00
9:30 a.m. - ~ pa~
Red,aa
~ ~-A W~g M~
L~c~ H~ NASA ~ ~ Y~r
~ p.~ - 5:~ p.~
H~ m E~I~ ~ ~ ~hfi~ J~t ~te ~
LIMITED SEATING AVAIl,ABLE[
COURSE MATERIAl&
· Copyoftl~l~"Crul~ an ram regulation.
PROGRAM SPONSOR:
Since 1979, the Law F~nx of ~ & Spencer has c0nceatrated in pra~ telecomm,mications law in
~ oacr, grouno, a, creann~ a comomea expertise m telecommunications of over forty years. The Law
F'L'm repreaenta several Horida c/flea in .cable televi~on m~ttem This is the second in a series of cable
television semlnntn offered by Leibo~tz & Spencer.
The ~ is presented in cooperation with the Florida Chapter of the National Association of
Telecommunications Officers andAdvisOrs (NATOA).
FACULTY:
l~il'll'l~pV I'. I.P. iBOVt-iTi~ ESQ.-Senior Partner, Leibowitz & Spencer, Miami. Florida.
Mr. I~t~a~itz, a former FCC trial attorney, ~aas 'pzt~ausly :~-~ented both cabl~ on~ratons nncl
mun/dpal/ ~n add/~ he sealed as c°unsel t° Ot)v' B°b {3raham'$ Taal~ F°t~ on Cable~e~ Curtmttlv
1992 Fe~ral Cable Act and the' FCC c~ble r~ -- -- ------~ --- --r ....
COST: $115 l~r ~ (with lunch) or $95 l~r l~rson (without lunch)
1993 CABLE TELEVISION LAW: CABLE RATR REGULATION-WHAT L(~AL
FRANCHISE AUTHORITIES CAN & MUST DO AFTER NOVEMBER 15, 1993
Please pdnt or orpe:
Finn:
Street Address:
Cioe
Fax No. (__)
Cost: $115 per/person (with lunch)
$ 95per~person (without lunch)
Please charge to: __.V'tsa
Credit Card No.:
. Signature:
Name of Local Cable Operator.
State: Zip:
Phone No~ ( )
Oreck enclosed payable to Leibowitz & Spencer
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Return by Mail: Leibowitz & Spencer, 1 S.E. 3rd Avenue, Suite 1450, Miata;. Florida 33131-1710.
orby FAX: (305) 530-9417. For further information, call ~305) 530-1322.