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HomeMy WebLinkAboutRES CC 1993 968 1993 0908RESOLUTION NO. 93- 968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK TO AUTHORIZE CITY REGULATION OF THE RATES CHARGED FOR THE BASIC TIER OF CABLE TELEVISION SERVICE WHEREAS, effective competition does not exist providing economic controls to prevent over charging for basic cable television services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find, determine and declare that: A. Pursuant to the legal authority vested in the City by Government Code Section 53066, the City has issued franchises to the Chronicle Publishing Company doing business as Ventura County Cablevision and Urban West Community Investors doing business as Mountain Meadows Cable Television, ( "Franchisee ") to provide cable television service to subscribers within the City; and B. The City has the legal authority to regulate rates for the provision of cable television on the basic service tier offered by Franchisees, consistent with the rate regulations prescribed by the Federal Communications Commission ( "FCC ") at 47 C.F.R. Part 76, pursuant to Section 623 of the Communications Act of 1934, as amended by the Cable Act of 1992, (42 U.S.C. 543) (collectively, the "Act "); and C. The City desires to become certified by the FCC to regulate the rates charged by Franchisees to subscribers within the City for the provision of the basic tier of cable television service. SECTION 2. The City Council of the City of Moorpark hereby resolves as follows: A. The City shall regulate the rates charged by Franchisees to subscribers within the City for the provision of the basic tier of cable television service, subject to certification by the FCC. B. In regulating the basic tier rates charged by Franchisees, the City will abide by the regulations established by the FCC, including without limitation those promulgated at 47 C.F.R. Part 76, and will abide by the Act. C. The City has the legal authority to adopt, and the personnel to administer, such regulations. D. The City will comply with the FCC's procedural rules applicable to rate regulation proceedings and will provide a reasonable opportunity for consideration of the views of interested parties. SECTION 3. The City Manager is authorized to file a FCC Form 328 with the FCC and service a certified copy of the same upon the Franchisees. SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of September, 1993. tiiI y Paul W. wrason Jr., Mayor ATTEST: August 24, 1993c: \wp03 \Reso1ution \C.Reso MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 93-968 _ was adopted by the City Council of the City of Moorpark at a meeting held on the 8th day of SEPTEMBER _, 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 9th day of SEPTEMBER 1993. Lillian E. Hare City Clerk (SEAL) PAUL W LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTS R Mayor Mayor Pro Tam Counalmember BERNARDO M PEREZ JOHN F WOZNiAK Counalmember Counalmember !'r�rYtM. 'r ..r r.. • Y.r