HomeMy WebLinkAboutItem VI (A) First Reading of Ordinance No. 93-19, providing for Cable Television Rate Regulation. Second Reading and Public Hearing Scheduled for November 2, 1993 AGENDA 10-19-93
Item VI A
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ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JANET RESNIK, CAPITAL PROJECTS/CONCURRENCY ANALYST
DATE: OCTOBER 12, 1993
SUBJECT: FIRST READING OF ORDINANCE 93- 19 ,
PROVIDING FOR CABLE TELEVISION RATE REGULATION
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve
Ordinance 93- 19 , providing for cable television rate regulation
consistent with Federal Communications Commission (FCC)
requirements and establishing a formal process to assess rates?
BACKGROUND AND DISCUSSION
On October 5, 1993, the City Commission adopted Resolution 93-14,
authorizing the City Manager to file for certification with the
FCC. Form 328 has been filed and certification automatically
occurs 30 days from the filing date unless the FCC notifies the
City otherwise.
This ordinance is the next step in the process required by the FCC
in order for the City to have the authority to regulate basic
rates. It specifically provides for notice to the City of any rate
cHanges and requires a public hearing to discuss the rate changes
and formal action by the City Commission to set a rate for basic
service.
Once the City is certified and the ordinance is adopted, the City
then notifies the cable operator in writing of those documents.
The City as the local franchise authority is then in the position
to regulate basic rates.
RECOMMENDATION
Staff respectfully recommends placing Ordinance 93- 19 on the
November 2 agenda for second reading and public hearing.
cc: Montye Beamer, Administrative Services Director
ORDINANCE NO. 93- 19
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO THE AMENDMENT OF THE CODE OF
ORDINANCES BY ADDING CHAPTER 57 TO PROVIDE FOR
CABLE TELEVISION RATE REGULATION CONSISTENT
WITH FEDERAL COMMUNICATIONS COMMISSION
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to
participate in the local regulation of cable television rates for
programming and equipment on the basic tier of cable programming to
protect its cable television subscribers.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee has
the authority to adopt this Ordinance pursuant to Article VIII of
the Constitution of the State of Florida, Chapter 166, Florida
Statutes, and 47 U.S.C. Section 543.
SECTION 2. The following Chapter 57 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby created and
reads as follows:
Section 57-1. Rate Regulation.
A. Any rate or charge established for cable television
service, equipment, repair and installation shall be reasonable,
just and fair to the public. In determining whether a rate or
charge is reasonable, just and fair, the City shall apply the
cable television rate regulation criteria established by the
Federal Communications Commission ("FCC") .
B. Should a Franchisee desire to change any rate or
charge, it shall submit a written proposal for the amounts and
effective date of such change to the City Manager who shall
evaluate the proposal in a manner consistent with FCC cable
television rate regulation standards and report this evaluation to
the City Commission. The City Manager's report shall be placed
before the City Commission at a duly noticed public hearing. The
Franchisee shall notify each subscriber, in writing, of the
proposed rate change and the date and time of the public hearing.
At such hearing, evidence shall be taken and received on whether
the proposed rate or charge is consistent with FCC standards.
Upon conclusion of the public hearing, the City Commission shall
decide the matter by majority vote and adopt a Resolution
approving, disapproving or modifying the proposed rate changes and
providing such further relief as is appropriate and authorized by
FCC rate regulation standards. The resolution shall set forth
complete findings of fact and conclusions regarding all of the
basic elements considered in the City Council 's determination.
SECTION 3. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
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validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City
Commission of the City that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City;
and that sections of this ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "chapter",
"section", "article", or such other appropriate word or phrase in
order to accomplish such intentions; and regardless of whether
such inclusion in the code is accomplished, sections of this
ordinance may be renumbered or relettered and the correction of
typographical errors which do not affect the intent may be
authorized by the City Manager, without need of public hearing, by
filing a corrected or recodified copy of same with the City Clerk.
SECTION 5. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 6. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
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PASSED AND ADOPTED this day of , 1993.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED October 21 , 1993
READ FIRST TIME October :19 , 1993
READ SECOND TIME AND ADOPTED
, 1993
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1993 .
LEIBOWITZ & SPENCER
By: /
attht L. Leibow'tz
Special— - - - -
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