HomeMy WebLinkAboutRESOLUTIONS-1994-038-R-94• 5/11/94
38-R-94
A Resolution
To Provide for the Regulation
of Basic Cable Television Service
Tier Rates, Equipment, Installation,
And Service Charges
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act which, among
other things, provided that the basic service tier rates, and the
charges for related equipment, installation, and services, for 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 Evanston 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 Cablevision of Chicago pursuant to the Cable
•
Communications Franchise Agreement ("The Franchise"); and
WHEREAS, the City desires to regulate the Basic Service
Rates and Charges of the Cablevision of Chicago and any other
cable television system operating in the City and shall do so in
accordance with FCC Rate Regulations, notwithstanding any
different or inconsistent provisions in the Franchise;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City will follow the FCC Rate
Regulations in its regulation of the Basic Service Rates and
charges of Cablevision of Chicago and any other cable television
system operating in the City, notwithstanding any different or
inconsistent provision in the existing Franchise or any other.
SECTION 2: That in connection with such regulation,
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the City will provide for a reasonable opportunity for
consideration of the views of interested parties.
SECTION 3: The City Manager, or his 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 Rates and Charges.
SECTION 4: That this Resolution shall be in full force
and effect from and after the date of its passage and approval in
the manner provided by law.
\ Mayor
•
ATTES
Ci Clerk
Adopted: �% o2J , 1994
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