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8981y 413 1 RESOLUTION NO. 8,981 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR TO FILE 4 F.C.C. FORM 328 NCERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE 5 RATES AND INITIAL FINDING OF LACK OF 6 EFFECTIVE COMPETITIONff WITH THE FEDERAL 7 COMMUNICATIONS COMMISSION ON SEPTEMBER 8 1993; REQUIRING THE ADOPTION OF REGULATIONS 9 CONSISTENT WITH F.C.C. REGULATIONS ADOPTED PURSUANT TO 47 U.S.C. 5543 (b)WITHIN 120 DAYS 10 OF CERTIFICATION; DECLARING AN EMERGENCY AND 11 FOR OTHER PURPOSES. 12 13 WHEREAS, The City of Little Rock has entered into a 14 franchise agreement with Storer Cable Communications to provide cable television service to the people of the City of Little 15 Rock, and; 16 WHEREAS, the Congress of the United States passed the 17 "Cable Television Consumer Protection and Competition Act of 18 1992" and this bill passed the House and the Senate; was vetoed by then President George Bush, and the President's veto was 19 overridden in both the House and Senate by more than a 20 two - thirds vote and became law despite the President's veto, 21 and; 22 WHEREAS, this law is under the Federal Communications 23 Commission (the "F.C.C.") and the F.C.C. has adopted rules and regulations regulating local cable television companies but has 24 delegated to local franchising authorities (the City of Little 25 Rock) to regulate the basic tier of rates of Cable Television 26 Services, and; 27 WHEREAS, the F.C.C. has frozen local cable television rates 28 until November 15, 1993, and; WHEREAS, our city may seek certification to regulate the 29 basic tier of rates beginning on September 1, 1993, and; 30 WHYS, certification is effective 30 days after the date 31 the F.C.C. receives a form 328 mailed by the city by registered 32 main with return receipt requested, and; 33 WHEREAS, if the local cable television company rates are 10% or more above the F.C.C.'s benchmark the rates can be rolled 34 back 10% with refund of all excessive rates back to September 35 30, 1992 or a maximum of one year, if the City has become 36 certified to regulate Cable TV. 2c� G/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 � 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 414 5 OF 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: