Ord 2118 - Operation Cable TV Sy
COUNCIL BILL NO. 1525
ORDINANCE NO. 2118
AN ORDINANCE PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES
AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY
CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF WOODBURN AND
DECLARING AN EMERGENCY.
WHEREAS, on October 5, 1992, Congress enacted the Cable Television
Consumer Protection and Competition Act of 1992 which, among other things,
provided that the basic service tier rates, and the charges for related equipment,
installation and services, of 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
Reoort and Order. In the Matter of Imolementation of Sections of Cable Television
Consumer Protection and Comoetition Act of 1992: Rate Reaulation, MM Docket 92-
266, FCC 93-177 (released May 3, 1993) (hereinafter the "FCC Rate Regulations")'
and
WHEREAS, the City of Woodburn (hereinafter, the "City") 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 Northland Cable Television, (hereinafter "the Company")
pursuant to Ordinance 1766 and Ordinance 2093 (hereinafter the "Franchise:); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges
of the Company and any other cable television system operating in the city and shall
do so in accordance with the FCC Rate Regulations, notwithstanding any different or
inconsistent provisions in the Franchise; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City shall follow the FCC 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, notwithstanding any different or inconsistent provisions
in the Franchise: and
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COUNCIL BILL NO. 1525
ORDINANCE NO.2118
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Section 2. In connection with such regulation, the City shall ensure a
reasonable opportunity for consideration of the views of interested parties; and
Section 3. The City Administrator 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 Service Rates and Charges.
Section 4. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, and emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to form~ ).'1 "t I~V. ~
City Attorney
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APPROVED:
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Len Kelley, Mayor
Passed by the Council
February 28, 1994
March 1, 1994
Submitted to the Mayor
Approved by the Mayor
March 1, 1994
Filed in the Office of the Recorder
March 1, 1994
ATTEST:
1'1 <t~ I~. ,--[--
Mary ennant, City Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1525
ORDINANCE NO. 2118