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PLACED ON FIRST READING ~ REFERRED 'TO <br />COMMITTEE OF TH~ WHOLE 10/18/95. <br />PLACED ON ZND READING 11/1/95 .... <br /> <br />ORDINANCE NOy 51-93' <br /> <br />BY: Boscia," Flannery.j. George, <br />Gibbons, Roth, Seelie, Smith <br /> <br /> AN EMERGENCY ORDINANCE accepting and adopting the Customer <br />Service Standards established by the Federal Communications <br />Commission in its implementation of the Cable Television Consumer <br />Protection and Competition Act of 1992 as minimum additional <br />standards for cable television operations in the City of Lakewood. <br /> <br /> WHEREAS, pursuant to Congressional mandate under the Cable <br />Television Consumer Protection and Competition Act of 1992, the <br />Federal Communications Commission ("FCC") established Customer <br />Service Standards which became effective July 1, 1993, and which <br />are ~o be enforced by the local franchising authority; and <br /> <br /> WHEREAS, the s~mndards require the franchising authority to <br />give the cable operator ninety (90] days written notice of its <br />intent to enforce the new standards; and <br /> <br /> ~, the FCC s~andards -are minimum Customer Service <br />Standards which would be in addition to the customer service <br />regulations contained in the City's current franchise agreements <br />with Cox Cable Cleveland Area, Inc. and V Cable, Inc.; and <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure <br />providing for the immediate preservation of the public health, <br />safety, and welfare, as .it is necessary for the protection of <br />Lakewood consumers that the effective date be as early as permitted <br />by federal law; now therefore <br /> <br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. The City hereby adopts the Customer Service <br />Standards enacted by the Federal Communications Commission on March <br />11, 1993, through FCC Order 9'3-15, MM Docket No. 92-263, Appendix <br />B, a copy of which is attached hereto and incorporated herein. <br />Said s~andards shall be in addition to the customer service <br />regulations in the current franchise agreements with Cox Cable <br />Cleveland Area, Inc. and V Cable, Inc. and shall be made a part of <br />said franchise agreements as if rewritten '~herein. In the event of <br />any conflict .between FCC standards and the customer service <br />regulations contained in the current franchise agreements the more <br />stringent standard or regulation shai1 govern. <br /> <br /> Section 2. Any violation of the Customer Service Standards <br />adopted hereby shall be governed by the penalties provision 'of the <br />current franchise agreements. <br /> <br /> Section 3. The Clerk of Council is directed to immediately <br />notify Cox Cable Cleveland Area Inc. and V Cable, Inc. of the <br />adoption of this Ordinance and the City's intent to enforce the FCC <br />Customer Service Standards. Notice shall be in writing and by <br />certified mail in accordance with the notice provisions of the FCC <br />Regulations and the .current franchise agreements. <br /> <br /> Section 4. The Customer Service Standards adopted hereby <br />shall be in full force and effect commencing on the 91st day <br />following the aforesaid notice to Cox Cable Cleveland Area, Inc. <br />and V Cable, Inc. <br /> <br /> Section 5. Adoption of these minimum Customer Service <br />Standards shall not preclude the City from adopting additional <br />reasonable customer Service regulations or consumer protection laws <br /> <br /> <br />