ORD 1993-36 - Regulation Of Cable TV Rates 11-09-1993ORDINANCE NO. 93-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS, PROVIDING 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 HUNTSVILLE.
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 Huntsville (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
Huntsville Cable TV (hereinafter "the Company") pursuant to Ordinance 89-31
(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;
NOW, THEREFORE, be it ordained by the City Council of the City of Huntsville, Texas,
that:
SECTION 1: The City will follow the FCC Rate Regulations m its regulation of the Basic
Service Rates and Charges of the Company and any other cable television system
operating m the City, notwithstanding any different or inconsistent provisions in
the Franchise.
SECTION 2: In connection with such regulation, the City will ensure a reasonable opportunity
for consideration of the views of interested parties.
SECTION 3: The City Manager, 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.
SECTION 4: This ordinance shall take effect immediately from and after its passage by City
Council.
Passed and approved this 9th day of November, 1993.
anna Welter, City Secretary
APP OVED AS TO FORM:
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Scott Bounds, City Attorney
THE CITY • HUNTSVILLE
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W. H. Hodges, M