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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 -2- BONI'