HomeMy WebLinkAboutOrdinance 29-1993 .. ,
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ORDIHAHCE H0. 29-93
AH ORDINANCE TO PROVIDE FOR THE REGULATIOH OF' BASIC SERVICE TIER
RATES AHD RELATED EAUIPMENT, IHSTAI.LATION AND SERVICE CHARGES OF' ANY
CABLE TELEVISION SYSTEM OPERATIHG IN THE CITY OF BROOKINGS, SOUTH
DAKOTA.
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 which,
among other things, provided that the equipment, installation and
eervicea of a cable television syatem thereinafter, "Baeic Service
Rates and Charges" ) shall be eub�ect to regulation by a franchising
authority in accordance Nith 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 Imtalementation of Sections of
Cable Television Consumer Protection and ComDetition Act of 1992:
Rate ReQulation. MM Docket 92-266, FCC 93-177 (relesaed May 3, 1993)
thereinafter the "FCC Rate Regulations" ) ; and
WHEREAS, the City of Brookings, South Dakota (hereinafter, the
"City" ) is a franchising suthority with the legal suthority to adopt,
and the personnel to administer, regulations Nith respect to the Basic
Service Rates and Charges of any cable televieion system operating in
the City, including, Mithout limitation, the system currently being
operated by Brookings Cablevision (hereinafter "the Company" ) pursuant
to Ordinance No. 10-88, referred to as the "Brookings Cable Televieion
Franchise Ordinance" ; and
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BROOKIHGS, SOUTH DAKOTA, AS FOLLOWS:
1. The City will fo11oM the F'CC Rate Regulations in its
regulation of the Basic Service Rates and Charges of the Company and
any other cable television system operating in the City,
notpithstanding any different or inconsistent provisione in the
Franchise; and
2. In connection with such regulation, the City Mill ensure a
reasonable opportunity for conaideration of the vieMs of interested
parties; and
3. The Mayor and City Finance Officer are suthorized to execute
on behalf of the City and file with the FCC such certification forme
or other instruments as are noN or may hereafter be required by the
FCC Rate Regulations in order to enable the City to regulate Basic
Service Rates and Charges.
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4. Al1 ordinances in conflict herewith are hereby repealed.
F'IRST READING: December 21, 1993
SECOHD READING: December 28, 1993
PUBLISHED: January 3, 1994
CITY OF BROOKIHGS
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Finance Officer