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HomeMy WebLinkAboutItem VI (C) Resolution No. 93-14, relating to Cable Rate Regulations (FCC Certification) AGENDA 10-5-93 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" Item VI C Ocoee S.SCOTT VANDERGRIFT 6,/cit, CITY OF OCOEEIONERS RUSTYJOHNSON a. 150 N.LAKESHORE DRIVE PAUL W.FOSTER 0 OCOEE,FLORIDA 34761 VERN COMBS ree ? (407)656-2322 SAM WOODSON yr�'P Op G 00� CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: JANET RESNIK, PLANNER DATE: SEPTEMBER 30, 1993 SUBJECT: RESOLUTION 93-14, FILING FOR FCC CERTIFICATION ISSUE Should the Honorable Mayor and Board of City Commissioners approve Resolution 93-14, authorizing the filing of an application with the Federal Communications Commission (FCC) to certify the City to regulate cable television rates? BACKGROUND AND DISCUSSION At the last City Commission meeting, the Board approved of filing for certification with the FCC. This resolution is part of the process and provides for notifying the cable television operator (Cablevision Industries) of the City's intent to certify. As explained previously, this certification does not commit the City to any further actions. RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve Resolution 93-14. cc: Ellis Shapiro, City Manager Montye Beamer, Administrative Services Director SEP-30-93 THU 14:17 LEIBOWITZ & SPENCER FAX NO. 305 530 9417 P, 02 RESOLUTION NO. 93 - 14 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION (FCC) TO CERTIFY THE CITY TO REGULATE CABLE TELEVISION RATES AND PROVIDING FOR SERVICE OF SAID APPLICATION UPON THE CABLE TELEVISION OPERATOR DOING BUSINESS IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR 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 Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. An essential step in empowering the City of Ocoee to regulate cable television rates is the filing of an FCC Form 328 with the Federal Communications Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OP OCm= THAT: The City Manager is authorized to take all actions necessary to complete and file with the Federal Communications Commission an FCC Form 328 seeking certification for the City to regulate cable television rates. SEP-30-93 THU 14:17 LEIBOWITZ & SPENCER FAX NO. 305 530 9417 P. 03 SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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 validity of the remaining portion hereto. SECTION 4. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of 1993. APPROVED: ATTEST: CITY OF -OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON , 1993 this day of ,1993. UNDER AGENDA ITEM NO. _ LEIBOWITZ & SPENCER Special Counsel C:\wp\cablevocoeel.res