HomeMy WebLinkAbout1994-OR-06OR-94-_ _
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF BASIC
SERVICE TIER RATES AND REGULATED EQUIPMENT, INSTALLATION
AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING IN THE CITY OF JEFFERSONVILLE.
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 (hereinafter 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 Regulations"); and
WHEREAS, the City of Jeffersonville (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 Insight Cablevision, (herinafter "the CompanY") pursuant to the SEC I.D. # IN0086
(hereinafter the "Franchise"); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the
Company and any other cable television system operating in the City and Shall do so
in accordance with the FCC Rate Regulations, nOtwithstanding any different or
inconsistent provisions in the Franchise;
kNOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF JEFFERSONViLLE, THAT:
1. The City will follow the FCC Rate Regulations in it's 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 the interested parties; and
3. The Mayor, 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
hereinafter be required by the FCC Rate ReguLations in order to enable the City to
regulate Basic Service Rates and Charges; and
4. Tft~is Ordinance shall be effective immediately, adopted this day of
,
Raymond Parker Jr., Mayor
ATTEST:
C. Richard Spencer,~lerk lrea~re;