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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: � aruGQ/ Scott Bounds, City Attorney THE CITY • HUNTSVILLE AKA& W. H. Hodges, M