Res 93-088RESOLUTION NO. 93-088
A RESOLUTION OF THE CITY OF POWAY, CALIFORNIA
AUTHORIZING THE SUBMISSION OF A CERTIFICATION
APPLICATION TO THE FEDERAL COMMUNICATIONS COMMISSION,
ADOPTING REGULATIONS THAT ARE CONSISTENT WITH THE FEDERAL
COMMUNICATIONS COMMISSION'S BASIC SERVICE RATE RULES AND
REGULATIONS; AND ESTABLISHING CERTAIN PROCEDURAL LAWS AND
REGULATIONS WHICH PROVIDE A REASONABLE OPPORTUNITY FOR
CONSIDERATION OF THE VIEW OF INTERESTED PARTIES IN RATE
REGULATION PROCEEDINGS TAKEN HEREUNDER
WHEREAS, the Cable Television Consumer Protection and Competition Act of
1992 (the 1992 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; and
WHEREAS, 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, effective June 21, 1993; and
WHEREAS, 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; and
WHEREAS, 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
WHEREAS, the City of Poway as the governing body, hereby desires to
authorize the City Manager or his designee, to file on its behalf all
necessary forms, documents, and otherwise with the Commission which are
necessary and proper to allow it to regulate Basic Service Rates, as defined
in the 1992 Cable Act; and
WHEREAS, the City of Poway now desires to adopt regulations with respect
to the regulation of Basic Service Rates which are consistent with the
regulations prescribed by the Commission and to adopt procedural laws and
regulations applicable to rate regulation proceedings which provide a
reasonable opportunity for consideration of the views of interested parties.
Resolution No. 93-088
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City of Poway does hereby
resolve as follows:
Section 1. Under the laws of the United States, the Constitution and
Statues of the State of California, and the ordinances, agreements, and
procedures of the City of Poway, the City of Poway possesses the legal
authority to adopt the regulations contained herein.
Section 2. The City of Poway possesses sufficient personnel to
administer the regulations adopted herein.
Section 3. The City of Poway has no actual knowledge that the cable
system, or cable systems, operating in its jurisdiction are subject to
Effective Competition and thus, based upon the presumption of established in
Section 76.609 of the Code of Federal Regulations, {CFR) the cable operator,
or cable operators, operating within its jurisdiction are not subject to
Effective Competition.
Section 4. The City Manager or his designee, are hereby authorized,
empowered, and instructed to file necessary and proper forms, certifications,
documents, and otherwise as prescribed in CRF ss 76.610 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 opera~or, 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 Manager shall
give, by registered mail, return receipt requested or hand delivery, written
notification to the cable operator, or cable operators, that the City of Poway
has been so certified to so regulate Basic Service Rates and the cable
operator, or cable operators, shall thereby be directed, pursuant to CRF ss
76.930 to file a schedule of rates for the Basic Service Tier and associated
equipment with the City of Poway within thirty (30) days as provided in CRF ss
96,930.
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, or cable operators, such schedule of rates and charges shall be
referred to staff for review and evaluation pursuant to the substantive and
procedural standards set forth in CRF ss ss 76.900-76.985 and the Report and
Order and Further Notice of Proposed Rulemaking in MM Docket 92-266.
Section 7. After a cable operator, or cable operators, have 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 may hold this thirty (30) day
deadline for an additional time by issuing a brief written order as provided
in CRF ss 76.933(b) or within thirty (30) days of the date of submission
explaining that it needs additional time to review the rates.
Resolution No. 93-088
Page 3
Section 8. If the City of Poway 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 CRF ss ss 76.922 and 76.923, or if a cable
operator has submitted a cost of service showing pursuant to ss ss 76,937(c)
and 76.924, seeking to justify a rate above the Commission's Basic Service
Tier charge is defined in CRF ss ss 76.922 and 76.923, the City of Poway may
toll the thirty (30) day deadline in Section 7 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 showings; or
b. For an additional one hundred fifty (150) days in cases involving
cost-of-service showings.
Section 9. If the City of Poway 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 as such times, subject to
refunds if the City of Poway subsequently issues a written decision
disapproving any portion of such rates, provided, however, that in order to
order refunds, the City of Poway shall issue a brief written order to the
cable operator, or cable operators, by the end of the ninety (90) or one
hundred fifty (150) day period permitted above directing the cable operator,
or cable operators, 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, or cable
operators pursuant to Section 5 above, the City of Poway shall give public
notice by way of publication of said submission in a newspaper of general
circulation in the jurisdiction within fourteen (14) days of receipt by the
City of Poway thereof. Said publication notice shall state, in substance,
that the City of Poway is considering the submission of the cable operator
reproduced therein, 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 Poway extends the review time pursuant to
Section 8, 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 Poway extends the
review period pursuant to Section 8, 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 Codes Section 6066. At said
noticed public hearing, which may be continued from time to time, all
interested parties including, but not limited, to, subscribers, shall possess
a reasonable opportunity to express their views regarding the matters before
the City Council.
Resolution No. 93-088
Page 4
Section 12. The City of Poway shall issue a written decision in a rate-
making proceeding whenever it disapproves an initial rate for the Basic 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 Poway 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 CRF ss ss 76.937(c)
and 76.924 seeking to justify a rate above the Commission's Basic Service Tier
charge as defined in CRF ss ss 76.922 and 76.923, the City of Poway 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 applied by the City of
Poway to said cost-of-service submission.
Section 15. The City shall possess all remedies available to it under
federal, state, and local law including, but not limited to, those remedies
provided in CRF ss ss 76.940 and 76.943.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Poway
at a regularly scheduled meeting thereof this 15th day June, 1993.
Don Higginson, MayO~tJ
ATTEST:
sten, Ci
Marjori~e ~. ty Clerk
Resolution No. 93-088
Page 5
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify that the foregoing Resolution, No. 93-088 , was duly adopted by the
City Council at a meeting of said City Council held on the 15th day of June,
1993, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori~_~. Wahlsten, City Clerk