298 Rate Regulatory Authority Uner Cable Act of 1992
CITY OF YELM
RESOLUTION NO. 298
A RESOLUTION relating to cable television, authorizing
the Mayor to file in behalf of _ the City of Yelm a written
certification with the Federal Communications Commission pursuant
to the Cable Television Consumer Protection and Competition Act of
1992 (Cable Act of 1992) to enable the City of Yelm to exercise
rate regulatory authority under the Cable Act of 1992.
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 ("Cable Act of 1992") provides that the
rates of cable television 'systems not subject to effective
competition shall be subject to regulation by the Federal
Communications Commission ("FCC") or by a local franchising
authority certified by the FCC to the extent authorized by the
Cable Act of 1992; and
WHEREAS, on April 1, 1993, the FCC adopted rate
regulations for cable systems, and froze until November 15, 1993
all cable rates in effect on April 5, 1993; and
WHEREAS, the purpose of the FCC rate freeze was to allow
sufficient time for franchising authorities to become certified to
regulate basic service rates, and for consumers and franchising
authorities to be able to file complaints to invoke FCC oversight
of rates for cable programming services as defined by the Cable Act
of 1992; and
WHEREAS, it is the intent and expectation of Congress and
the FCC that local franchising authorities accept and administer
their rate regulatory responsibilities under the provisions of the
Cable Act of 1992 on behalf of consumers; and
WHEREAS, the City of Yelm is the local franchising
authority within the meaning of the Cable Act of 1992; and
WHEREAS, the cable television system franchised by the
City of Yelm is not subject to effective competition within the
meaning of the Cable Act of 1992; and
WHEREAS, the Yelm City Council authorized in motion 93-
171, filing of written certification with the FCC on behalf of the
City of Yelm which will enable the City to exercise its rate
regulatory authority under the provisions of the Cable Act of 1992;
NOW, THEREFORE,
RESOLUTION - 298 PAGE 1
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BE IT RESOLVED BY THE CITY OF YELM:
Section 1. That the Yelm City Council authorizes the
Mayor to file on behalf of the City of Yelm a written certification
with the Federal Communications Commission that the City of Yelm,
a. Will adopt and administer rate regulation
rules which accord with FCC rules and
regulations;
b. Has the legal authority to adopt, and the
personnel to administer, such rules and
regulations; and
c. .Will ensure that all procedures in rate
regulation proceedings will provide a
reasonable opportunity for consideration of
the views of interested parties.
Section 2. A copy of the written certification prepared
by the City shall be provided to the City Council upon filing with
the FCC.
Adopted at regular session of the Council of the City of
Yelm, on this 22nd day of September, 1993.
Kat ryn Wolf, Mayor
Attest:
Agn P. Colombo, City Clerk
RESOLUTION - 298 PAGE 2
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