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HomeMy WebLinkAboutRES 93-75RESOLUTION NO. 93-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING THE RATE REGULATION AND CONSUMER PROTECTION AND CUSTOMER SERVICE RESPONSIBILITIES AUTHORIZED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC) AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 AND ESTABLISHING CERTAIN PROCEDURES AND REGULATIONS APPLICABLE TO RATE REGULATION PROCEEDINGS TAKEN HEREUNDER A. RECITALS (i) 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; (ii) The Commission has adopted final rules and regulations implementing Section 623 of the 1992 Cable Act in the Report and Order and Further Notice of Proposed Rulemaking, MM Docket 92- 2266, released May 3, 1993, with an amended effective date of October 1, 1993; (iii) 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; (iv) To receive such 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 the views of interested parties; and (v) Jones Intercable of Walnut Valley operates a cable television franchise under the terms and conditions set forth by the County Master Cable Television Ordinance (Division 4 of Title 16 of the Los Angeles County Code) as amended and heretofore adopted by the City; (vi) The City Council, as the franchise authority, desires to regulate the basic service tier rates, associated equipment, and installations of the cable system operated by Jones Intercable and hereby authorizes the City Manager to file on its behalf all necessary forms, documents, and applications with the Commission which are necessary and proper to allow the City to regulate basic service rates, as defined in the 1992 Cable Act; (vii) The City Council further finds and determines that the adoption of this Resolution, establishing certain procedures and regulations with respect to the regulation of rates for basic tier service, is consistent with the regulations prescribed by the Commission and is in the public's best interest in that it protects consumers from unfair rate practices and provides a reasonable opportunity to consider the views of interested parties; and (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DETERMINE AND ORDER 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 Diamond Bar, the City of Diamond Bar possesses the legal authority to adopt the regulations contained herein. SECTION 2. The City of Diamond Bar possesses sufficient personnel to administer the regulations adopted herein. SECTION 3. The City of Diamond Bar has no actual knowledge that the cable system, or cable systems, operating in its jurisdiction are subject to "Effective Competition," as defined in Commission MM Docket No. 92-266, and thus, based upon the presumption established in Section 76.609 of the Code of Federal Regulations, (the"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, is hereby authorized, empowered, and instructed to file necessary and proper forms, certifications, documents, and otherwise as prescribed in CFR §76.610 with the Commission by (1) registered mail, return receipt requested; or (2) hand delivery 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 of Diamond Bar shall give, by registered mail, return receipt requested or hand delivery, written notification to the cable operator that the City of Diamond Bar has been so certified to regulate Basic Service Rates and the cable operator 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 Diamond Bar within thirty (30) days. 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, such schedule or 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 Commission MM Docket 92-266. SECTION 7. After a cable operator has 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 of Diamond Bar may hold this thirty (30) day deadline for an additional time by issuing a brief written order as provided in CFR 576.933 (b) 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 Diamond Bar 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 §§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 Diamond Bar 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. SECTION 9. If the City of Diamond Bar 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 at such times, subject to refunds if the City of Diamond Bar subsequently issues a written decision disapproving any portion of such rates, provided, however, that in order to order refunds, the City of Diamond Bar shall issue a brief written order to the cable operator by the end of the ninety (90) or one hundred fifty (150) day period permitted above directing the cable operator 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 pursuant to Section 5 above, the City of Diamond Bar — shall give public notice of a public hearing on the proposed rate changes by way of publication in a newspaper of general circulation in the jurisdiction within fourteen (14) days of receipt by the City of Diamond Bar thereof. Said publication notice shall state, in substance, that the City of Diamond Bar is considering the submission of the cable operator, the date of submission by the cable operator, that said rates will become effective within thirty (30) days from the date of submission unless the City of Diamond Bar extends the review time pursuant to Section 8 above, and that interested parties may file written comments with the City Clerk within seven (7) days of publication. SECTION 11. If, and to the extent, that the City of Diamond Bar extends the review period pursuant to Section 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 too, subscribers, shall be allowed a reasonable opportunity to express their views regarding the matters before the City Council. SECTION 12. The City of Diamond Bar 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 Diamond Bar 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 and the text shall be made available for public distribution at the offices of the City Clerk during normal business hours commencing the next business day after adoption by the City Council. SECTION 13. These regulations may be amended from time to time, by the City Council 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 §S76.922 and 76.923, the City of Diamond Bar 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 Diamond Bar to said cost -of -service submission. SECTION 15. The City of Diamond Bar shall possess all remedies available to it under federal, state, and local law including, but not limited to, those remedies provided in CFR §§76.940 - 76.943. SECTION 16. The City Clerk shall certify the adoption of this resolution. C PASSED, APPROVED AND ADOPTED this 0addaof: November, 1993. MAY I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on 02 day of November, 1993, by the following vote: AYES: COUNCILMEMBERS MacBride, Forbing, Werner M/Miller NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAINED: COUNCILMEMBERS MPT/Papen ATT EST• Lynda Burgess, Ci.. Clerk