O78-13ORDINANCE NO. 78-13
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 68-17, ADOPTED
ON SECOND AND FINAL READING AUGUST 5, 1968, AS
AMENDED, TO PROVIDE FOR THE DEREGULATION OF CABLE
SERVICE RATES AS P~ESENTLY REGULATED BY SAID
ORDINANCE; PROVIDING FURTHER TO EMPOWER CITY TO
REINS~ITUT. E REGULATION AS DEEMED NECESSARY;
REPEALING ALL .ORDINkCES OR PARTS OF ORDINANCES
IN CONFLICT EERE~ITH,~=' ~ROV!DING~OR AN EFFECTIVE
UATE~ AUTHORITY TO CODIFY, AND FOR OTHER PURPOSES.
WHEREAS,
that the franchised
Florida CATV Corp, is
City, which condition has existed
operations within the City, and
WHEREAS, cable service
and not a public utility service,
it has been made to appear to the City Council
cable service operater in the City, TelePrompTer
the
is a convenience and luxury item
and therefore is a service
optional to the citizens and residents of the City~ and
WHEREAS, ~here is serious question as to whether or not
the regulation of rates as now provided for under said Franchise
Ordinance, as amended, is desirable or necessary, it being the
present feeling of the' City Council that the marketplace should be
the determining factor in setting rates for cable service within
the City, and
WHEREAS, the Federal Communications Commission has by
its decision of August 1976 made municipal rate regulation optiona
with the municipality, and
WHEREAS, TelePrompTer, the franchise holder, has
petitioned the City to suspend rate regulation for the purpose of
letting the marketplace determine the rates, thereby avoiding
expensive rate hearings and meetings before this Council, thereby
saving money for both the cable holder and the municipality;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: That the regulation of rates as presently
controlled by said Ordinance No. 68-17, as amended, be and the
same is hereby suspended with authority and permission to the cabl~
franchise holder to establish its own rates, subject however,
the requmrement that such rates as are establised be filed with
losing money on its operations ~ithin
from the inception of its
the City at least thirty (30) days before said rates are to become
effective. The p~ovislon for deregulatio~ of rates provided by
this Ordinance shall have no effect upon the continued obligation
of the f~anchisee~to pay to the City franchise fees provided by
prior agreement batween the parties.
Sectio~ 2: Legislative Intent: The City Council of the
City of Boynton B~ach, Florida recognizes the unique attributes of
~he Cable Television business which distinguish it from other
industries. However, this Ce~ncilalso notes that actual competitio~
among cable television companies in the City of Boynton Beach,
Florida is extremely limited, thereby allowing a potential for
monopolistic profits, which by their nature are contrary to
established public policy. For this reason, the City of Boynton
Beach, Florida reserves the right to reinstitute rate regulation
at any time it deems necessary in the future.
Section 3: Separability: If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any Court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
Section 4: Ordinance Repealed: All ordinances or
parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ssction 5: Codification:
granted to codify this Ordinance.
Specific authority is hereh
First reading this 7th day of March, 1978.
Second reading this 21st day of March, 1978.
PASSED AND ADOPTED on third and final reading,
day of ~ ~__, 1978.
CITY OF BOYNTON BEACH,
ATTE ST:
City Clerk ~'
(Corp. Seal)
By:
this
FLORIDA