HomeMy WebLinkAbout1993-09-02 ..✓ r.r
ORDINANCE NO. . .. . . .
BEFORE THE BATESVILLE CITY COUNCIL
AN ORDINANCE AUTHORIZING THE MAYOR TO FILE F.C.C. FORM 328
"CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC
CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE
COMPETITION" WITH THE FEDERAL COMMUNICATIONS COMMISSION ON
SEPTEMBER 28 , 1993 ; DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES .
WHEREAS , the City of Batesville has entered into a franchise
agreement with the Batesville Cable TV cable company to provide
cable television service to the people of the City of Batesville,
and;
WHEREAS , the Congress of the United States passed the "Cable
Television Consumer Protection and Competition Act of 1992" and
this bill passed the House and the Senate ; was vetoed by then
President George Bush, and the President ' s veto was overridden in
both the House and Senate by more than a two-thirds vote and
became law despite the President ' s veto , and;
WHEREAS , this law is under the Federal Communications
Commission and the F.C.C. has adopted rules and regulations
regulating local cable television companies but has delegated to
local franchising authorities ( the City of Batesville) to
regulate the basic tier of rates for Cable Television Services ,
and;
WHEREAS , the F.C.C. has frozen local cable television rates
until November 15 , 1993 , and;
WHEREAS , our city may seek certification to regulate the
basic tier of rates beginning on September 1 , 1993 , and;
WHEREAS , certification is effective 30 days after the date
the F.C.C. receives a form 328 mailed by the city by registered
mail with return receipt requested, and;
WHEREAS , if the local cable television company rates are 10%
or more above the F.C.C. ' s benchmark the rates can be rolled back
10% with refund of all excessive rates back to September 30 ,
1992 or a maximum of one year .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE, ARKANSAS :
SECTION I . That the Mayor is hereby authorized and directed
to file two completed F.C.C. Forms 328 by registered mail (not
a
certified mail ) with return receipt requested to:
Federal Communications Commission
Cable Franchising Authority Certification
P. O. Box 18539
Washington, D.C. 20036
SECTION II . The Mayor is further directed to mail a
completed copy of this form 328 to our local cable operator at
the address listed on the form by certified mail , return receipt
requested, on the same day copies are mailed to the F.C.C.
SECTION III . Emergency Clause.
WHEREAS , September 1 , 1993 is the earliest date that our
city can regulate basic cable service rates , and;
WHEREAS , the city will be certified 30 days after the F.C.C.
employee signs the return receipt , and;
WHEREAS , this must all be done before the rate freeze
imposed by F.C.C. on local cable rates expires on November 15 ,
1993 .
Therefore, an emergency is hereby declared to exist and this
Ordinance being necessary for the protection of the public peace,
health and safety shall be in full forand effective from and
s after its passage.
Date . . . 1.�. . . . . . . . . . . . . Approved
Mayor
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Attest ��(1U? .� ! �' . . . .� . . .
City Clerk
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