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R93-167 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 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 Page 1 of 5 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 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 Page 2 of 5 3 4 5 6 7 8 9 10 11 12 17 19 2O 21 22 23 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 Page 3 of 5 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 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 Page 4 of 5 4 5 6 7 8 9 10 11 12 13 14 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 Page 5 of 5 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 MasterCard American E~ress 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.