94-4708 Regulate Cable ServiceRESOLUTION NUMBER 94-4708
A RESOLUTION ADOPTING REGULATIONS AND PROCEDURES
RELATING TO THE REGULATION OF BASIC SERVICE RATES AND CHARGES
OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY.
WHEREAS, On October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 which provided that
the basic service rates, and the charges for related equipment, installation
and services, of a cable television system ("Basic Service Rates and Charges")
shall be subject to regulation by a franchising authority in accordance with
regulations prescribed by the Federal Communications Commission (the "FCC") ;
and
WHEREAS, the City of Salina, Kansas (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 (the "Cable Operator"), including
without limitation, the system currently being operated by Communications,
Services, Inc. d/b/a TCI of Kansas, Inc., (the "Company") pursuant to
! Franchise Ordinance Number 92-9492 (the "Franchise"); and
WHEREAS, On October 29, 1993, the Federal Communications j
Commission ("FCC") received Certification of Franchising Authority to Regulate
Basic Cable Service Rates and Initial Finding of Lack of Effective Competition
(Form FCC 328) submitted by the City of Salina, Kansas on October 26, 1993,
pursuant to Resolution Number 93-4653; and j
WHEREAS, the City may not begin to regulate Basic Service Rates
and Charges until after it (a) adopts regulations consistent with the FCC's
regulations and which provide a reasonable opportunity for consideration of the
views of interested parties; and (b) notifies the Company that the City has
been certified and has adopted such regulations; SO NOW THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. Federal regulations. Unless otherwise specifically l
provided in this resolution, the City's regulation of a Cable Operator's Basic
Service Rates and Charges and the handling of any complaints concerning those
rates shall be governed both procedurally and substantively by applicable
� federal law and FCC regulations, as they may be amended.
Section 2. Burden of proof. A Cable Operator has the burden
of proof of demonstrating that its existing or proposed Basic Service Rates and
Charges comply with the relevant federal law, FCC regulation, and local j
regulation.
Section 3. Initial rate schedule. Within 30 days after
receiving notice that the City has been certified to regulate Basic Service
I
Rates and Charges, a Cable Operator shall submit to the City its initial rate
schedule for basic rates and associated equipment on FCC Form 393. With that
submission a Cable Operator shall inform the City of whether it wants its
reasonable rate determined on a benchmark or cost -of -service basis.
I
Section 4. Public hearing and published notice. Following re-
ceipt of a Cable Operator's initial rate schedule, cost -of -service submission,
or notice of a rate increase (an "Approval Request") the City shall schedule a
public
hearing on
the
Approval Request to take place
at either
a regular or
special
meeting of
the
City's governing body within 30
days of
receipt of the
Approval Request. The City shall publish notice of the filing of the Approval
Request, notice of the
public hearing, and inviting
interested
parties to
submit written responses
to the Approval Request prior to
the public
hearing.
Section 5. Initial response. Within 30 days following receipt
of the Approval Request and following the public hearing referred to in Section
4, the City shall make a rate determination or issue an order notifying the
Cable Operator that it needs additional time to make a rate decision. Absent
either action by the City, the Approval Request becomes effective.
Section 6.
Additional time. If the City issues an order
j notifying the Cable Operator
that it
needs additional time to make a rate
decision, the following time periods apply:
in part,
(a) the City
will
have an
additional 90 days to review a rate
request if the
Cable
Operator
chooses benchmark regulation; or
(b) the City
will
have an
additional 150 days to review a rate
request if the
Cable
Operator
chooses cost -of -service regulation.
Section 7. Further public hearing and published notice. If the
City issues an order notifying the Cable Operator that it needs additional time
to make a rate decision, the City shall schedule an additional public hearing
on the Approval Request to take place at either a regular or special meeting of
the City's governing body within the extended time period allowed for the
City's consideration of the Approval Request. The City shall publish notice of
the hearing and inviting interested parties to respond to the Approval Request
within a reasonable time prior to the public hearing.
Section 8. Information from Cable Operator. At any time during
the City's consideration of a Cable Operator's initial rate schedule, cost of
service submission, or notice of a rate increase, the City may request
additional information from the Cable Operator.
Section 9. Requests for proprietary information. The City may
require the production of proprietary information to make a rate determination
and in such cases shall apply procedures consistent with FCC regulations
regarding requests for confidentiality.
Section 10. Written decision. The City shall issue a written
decision whenever it disapproves an initial rate for Basic Service Rates and
Charges,
disapproves a
request for a
rate
increase in
whole or
in part,
or
approves
a request for
an increase in
whole
or in part
over the
objections
of
interested parties. The City may issue a written decision that approves an
unopposed existing or proposed rate for Basic Service Rates and Charges.
Section 11. Appeal. Any participant in the City's local rate
proceeding may file an appeal with the FCC, within 30 days of release of the
text of the City's decision, if the participant believes the rate decision is
inconsistent with federal law or FCC regulations. Any participant filing an
appeal must simultaneously file notice of the appeal with the City Clerk.
i
Oppositions may be filed within 15 days after the appeal is filed, and must be
served on the party filing the appeal. Replies may be filed within 7 days
after the last day for filing oppositions and must be served on the parties to
i
the appeal proceeding.
Section 12. Notification. The City Manager is authorized and
directed to cause the Company to be notified that the City has been certified
to regulate Basic Service Rates and Charges and has adopted these regulations
in accordance with federal law.
Section 13. Effective date. This resolution shall be in full
force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this
21st day of March, 1994.
Peter F. Brungardt, Mayor
[ SEAL]
ATTEST:
�1.
y ong
City Clerk