HomeMy WebLinkAbout10/26/1993, C-11 - CABLE TELEVISION RATE REGULATION �
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FROM: Ken Hampian, Assistant City Administrative Officer
Prepared By: Deb Hossli, Administrative Analyst-
SUBJECT: Cable Television Rate Regulation
CAO RECOMMENDATION: Adopt a resolution acknowledging that the City will regulate
cable television rates in accordance with Federal Communications Commission procedures
and conditions.
DISCUSSION:
With the enactment of the Cable Television Consumer Protection and Competition Act of
1992, municipalities now have the legal authority to regulate basic cable rates. In order to
take advantage of our rate regulating capabilities, the City must complete a series of steps
set out by the Federal Communications Commission (FCC). The first task, applying to the
FCC for certification to regulate rates has already been completed. The City Council must
now adopt a resolution that acknowledges that we will regulate rates in accordance with
FCC procedures and conditions. The procedures are simple and include such tasks as
securing the certification, adhering to the timetables for pursuing regulation as set out in the
rate regulation legislation, assuring that the cable company receives due process during the
rate review, along with other things.
Once the City Council adopts the resolution, staff will send Sonic Cable a letter advising
that the City has secured its FCC certification to regulate rates and requesting a listing of
their basic cable tier rate schedule for the City's review. Sonic must provide the City with
this information within 30 days. The City then has up to 90 days to review the rates and
determine if they comply with the benchmark rates established by the FCC. The City will
work cooperatively with the County (as the County also holds a franchise with Sonic) and
our own cable advisor (Carl Pilnick) to review the rate structure and determine if any rate
adjustments are necessary.
FISCAL IMPACT:
At this point in time, staff does not anticipate there will be any costs associated with the rate
regulation process beyond the staff support needed to insure that the regulation is carried
out in accordance with FCC rules.
ATTACHMENTS:
1 - Resolution
Resolution No. (1993 Series)
from time to time, be amended. As part of the rate regulation proceedings and the City
shall provide the opportunity for consideration of the views of interested parties.
Upon motion of ,seconded by ,and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day-of , 1990.
Mayor Peg Pinard
.ATTEST:
Diane Gladwell, City Clerk
APPROVED:
*itto fe
RESOLUTION NO. (1993 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
ADOPTING PROCEDURES PERMITTING THE
REGULATION OF CABLE TELEVISION
RATES FOR BASIC SERVICE
AND RELATED EQUIPMENT
WHEREAS, the City of San Luis Obispo (hereinafter "the City") has granted a
franchise to operate a cable television system to Sonic Cable Television of San Luis Obispo;
and
WHEREAS,the Federal Cable Television Consumer Protection and Competition Act
of 1992 (hereinafter "the 1992 Cable Act") permits the City to regulate certain rates of the
cable television system; and
WHEREAS, the 1992 Cable Act directed the Federal Communications Commission
(hereinafter "the FCC") to establish regulations and procedures by which a cable television
franchising authority may regulate certain rates of a cable television system; and
WHEREAS, the FCC regulations require a franchising authority to be certified by
the FCC prior to being permitted to regulate certain rates of a cable television system; and
WHEREAS, a condition of the FCC rules requires that a franchising authority adopt
regulations consistent with the FCC rules as a condition of the franchising authority
certification process; and
WHEREAS, the City, as the franchising authority for the cable system operated by
Sonic Cable Television of San Luis Obispo has been certified by the FCC for regulation of
certain cable television rates;
NOW THEREFORE, the City hereby resolves that it will regulate cable television
rates consistent with the procedures and conditions established by the FCC, as they may,