299 Tier Rates And Related Equipment
CITY OF YELM
RESOLUTION NO. 299
A RESOLUTION TO PROVIDE FOR THE REGULATION OF BASIC
SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION
AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING IN THE CITY OF YELM.
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 which,
among other things, provided that the basic service tier rates, and
the charges for related equipment, installation and services, of a
cable television system (hereinafter, "Basic Service Rates and
Charges" ) shall be subject to regulation by a franchising authority
in accordance with regulations prescribed by the Federal
Communications Commission (herein after the "FCC"); and
WHEREAS, on April 1, 1993, the FCC prescribed such regulations
in the Report and Order, In the Matter of Implementation of
Sections of Cable Television Consumer Protection and Competition
Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177
(released May 3, 1993) (hereinafter the "FCC Rate Regulation"); and
WHEREAS, the City of Yelm (hereinafter, the "City") is a
franchising authority with the legal authority to adopt, and the
personnel to administer, regulations with respect to the Basic
Service Rates and Charges of any cable television system operating
in the City, including, without limitation, the system currently
being operated 'by Viacom Cable (hereinafter "the Company") pursuant
to the City of Yelm Cable Franchise Agreement Ordinance No. 251 and
332 (hereinafter the "Franchise"); and
WHEREAS, the City desires
and Charges of the Company and
operating in City and shall do
Regulations, notwithstanding
provisions in the Franchise;
to regulate the Basic Service Rates
any other cable television system
so in accordance with the FCC Rate
any different or inconsistent
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF YELM, THAT:
1. The City of Yelm will follow the FCC Rate Regulations in
its regulation of the Basic Service Rates and Charges of the
Company and any other cable television system operating in the
City, notwithstanding any different or inconsistent provisions in
the Franchise; and
2. In connection with such regulation, the City will ensure
a reasonable opportunity for consideration of the views of
interested parties; and
CITY OF YELM RES. 299 PAGE 1
CABLE RULES/REGULATIONS
3. The Chief Administrative Officer, or his or her
designee, is authorized to execute on behalf of the City and file
with the FCC such certification forms or other instruments as are
now or may hereafter be required by the FCC Rate Regulations in
order to enable the City to regulate Basic Service Rates and
Charges; and
4. This Resolution shall be effective immediately.
Kathryn Wolf, May r
ATTEST:
/ \ //~
,~~ l X-~ ~~Orn
Ag s P. Colombo, City Clerk
Adopted: October 13, 1993
CITY OF YELM RES. 299 PAGE 2
CABLE RULES/REGULATIONS