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RESOLUTION NO. 8,981
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A RESOLUTION TO AUTHORIZE THE MAYOR TO FILE
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F.C.C. FORM 328 NCERTIFICATION OF FRANCHISING
AUTHORITY TO REGULATE BASIC CABLE SERVICE
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RATES AND INITIAL FINDING OF LACK OF
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EFFECTIVE COMPETITIONff WITH THE FEDERAL
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COMMUNICATIONS COMMISSION ON SEPTEMBER
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1993; REQUIRING THE ADOPTION OF REGULATIONS
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CONSISTENT WITH F.C.C. REGULATIONS ADOPTED
PURSUANT TO 47 U.S.C. 5543 (b)WITHIN 120 DAYS
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OF CERTIFICATION; DECLARING AN EMERGENCY AND
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FOR OTHER PURPOSES.
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WHEREAS, The City of Little Rock has entered into a
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franchise agreement with Storer Cable Communications to provide
cable television service to the people of the City of Little
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Rock, and;
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WHEREAS, the Congress of the United States passed the
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"Cable Television Consumer Protection and Competition Act of
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1992" and this bill passed the House and the Senate; was vetoed
by then President George Bush, and the President's veto was
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overridden in both the House and Senate by more than a
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two - thirds vote and became law despite the President's veto,
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and;
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WHEREAS, this law is under the Federal Communications
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Commission (the "F.C.C.") and the F.C.C. has adopted rules and
regulations regulating local cable television companies but has
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delegated to local franchising authorities (the City of Little
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Rock) to regulate the basic tier of rates of Cable Television
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Services, and;
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WHEREAS, the F.C.C. has frozen local cable television rates
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until November 15, 1993, and;
WHEREAS, our city may seek certification to regulate the
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basic tier of rates beginning on September 1, 1993, and;
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WHYS, certification is effective 30 days after the date
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the F.C.C. receives a form 328 mailed by the city by registered
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main with return receipt requested, and;
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WHEREAS, if the local cable television company rates are
10% or more above the F.C.C.'s benchmark the rates can be rolled
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back 10% with refund of all excessive rates back to September
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30, 1992 or a maximum of one year, if the City has become
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certified to regulate Cable TV.
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� M M M M
M M M
NOW, THEREFORE, BE IT RESOLVED BY THE •OARD OF DIRECTOR
THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor is hereby authorized and directed
file two completed F.C.C. Forms 328 by registered mail
certified mail) with return receipt requested to:
Federal Communications Commission
Cable Franchising Authority Certification
P. 0. Box 18539
Washington, D.C. 20036
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to
(not
SECTION 2. The Mayor is further directed to mail a
completed copy of this form 328 to our local cable operator at
the address listed on the form by certified mail, return receipt
requested, on the same day copies are mailed to the F.C.C.
SECTION 3. The City will, as required by the Form 328
application, adopt (within 120 days of certification) and
administer regulations with respect to basic cable service that
are consistent with the regulations adopted by the FCC pursuant
to 47 U.S.C. §543 (b).
SECTION 4. Emergency Clause. Whereas, September 1, 1993 is
the earliest date that the City can regulate basic cable service
rates and the City will automatically be certified 30 days after
the F.C.C. employee signs the return mail receipt; and such
action must be taken before the rate freeze imposed by F.C.C. on
local cable rates expires on November 15, 1993, in order for the
City to have authority to regulate basic cable rates if they are
found to be excessive, therefore, this resolution being
necessary for the further protection of the citizens of Little
Rock and for the preservation of the public peace, health and
safety, an emergency is hereby declared to exist and this
Resolution shall be in full force and effect from and after its
passage and approval.
ADOPTED: Septa nber 7, 1993
ATTEST:
t,
:1•
APPROVED • FORM:
THOMAS M. •7l'i• 51N ;I'
ATTORNEY CITY
APPROV:4il: