5491-93 i
ORDINANCE NO. 5491-93
AN ;OPI.l:aaNANCE OF THE CITY OF CLEAR WATER,
i~LOFI A, REGARDING ING CABLE TELEVISION SYSTEMS.TO
PROV1b
' FOR R TIDE REGULATION OF BASIC SER '?CE TIER
DATES AND RELATED EQ131PME1�'T, 1NSTALL ATION AN3
SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING IN THE CITY OF CLEAR WATER; PROVIDING
FOR'AN 'EFFECTIVE DATE, a
u
I*VH REAS, on {October 5, 1992, Congress enacted the Cabe`T clevision Consurner�
Protection a no-170rrap6ition Act of 1992 which, arnong, other things, provided that the basic)
service tier rates, an the charges for related equipment, installation and services, of a. cable
television system, (hereifi fter, "Basic Service Pates and Charges' shall be subject to regalatic��;�
by a' franchising authority in accordance 'with i regulations prescribed by the Federal
Communic bons Cotnrnis.iion (hereinafter the ""FCC'"); and
WHEREAS,]oru April 1, 1993, the FCC prescribers such regulations in the Report and
Qrder, In the ' f Implementation of Sections of Cable 'elevision Consurner Protectior
and t omp4 titian A 't c if 1932: Rate Regulation, MM Docket 92-256, FCC 93-177 (released
May 3, 1993) (hereinafter the '"FCC Rate Regulations"); and
WHEREAS,,the, City of Clearwater (hereinafter, the "City"), is a franchising authority
with the legal authority to.adopt, and the personnel to administer, regulations with respect to tht�;
Basic Service Rates and Charges of any cable:television system operating in the City, including I'
without limitation, the A>;vstena currently being; operated by Vision Cable of]Pinellas (hereinafte3�
"the Company") pctrsuQi n to Ordinance ? 13+ adopted by the City Commission on T ebruatry 21,x'
1980 (hereinafter the ")Franchise"); and
i :i desires`to re-elate the Basic Service Rates and Charges �
��,I�E EAS, the y C ax ,es f thti
Company and any otl71er cable television system operating in the'city and shall do so in
accordance with the 11"C".C: Rate Regulations, notwithstanding any 'different or inconsistenit`
i
pre visions in the iFrimic se-
11" RDAINED BY THE CITY COMMISSION OF p1EE CITY CF
Cara�'.'.£14.fiL�'l�YrE�'STL.E.:iSi
r
rct�on�L; I 'the City will follow the FCC late regulations in its regulation of the
Basic Service Rates Ln Charges of the Company and anv other cable television system operat ng
in the City, notw�thlistanding any different or inconsistent provisions in the Franchise, and
ji
ec6wi 2.1 In connect on with such regulation, the City will ensure a reasonable
opportunity for c. nslideration of the viers of interested parties; and
Se Kt-ioa1. 1.I Time City 14anager of his designee is authorized to execrate on behalf of
Y r the City and a le Vvit]t the.FCC such certification forms or other instruments as are now or it ay
hereafter be reclui ed b y the FC:C late Regulations in Larder to enable the City,to regulate Basic
-Se Rates and C6!
xges, and
d°ction 4.; 71fas Ordinance shall take effect b T i eAiatel y upon adoptiozn,
a
PASSE:I? FIRST READING October 21 ,
PASSED ON SECOND Algdl7
FINAL REA133ING AND A1DOPTI-.D November 8„ 1993
r
I
I -
p
Rita Garrey
Mayor-Commissioner /
Attest: . Approved try form and correctness:
. r ,
Cyn i a F. Goc dea�� , M.A. Galbraith,
City Jerk City .Attorney
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BONI'