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RESOLUTION NO. <br /> <br />6874-93 <br /> <br /> BY: Boscia, Gallagher, <br />George, Gibbons, Roth, Seelie, Smith <br /> <br /> A RESOLUTION authorizing the Mayor to submit necessary forms <br />to the Federal Communications Commission seeking certification to <br />regulate the rates charged by cable operators within the City for <br />basic cable service and associated equipment. <br /> <br /> WHEREAS, on April 1, 1993, the Federal Communications <br />Commission ("FCC") adopted a Report and Order and Further'Notice of <br />Proposed Rule-makinq, in MM Docket No. 92-266, implementation of <br />sections of the Cable Television Consumer Protection and <br />Competition Act of 1992, Rate Regulation, FCC No. 93-177, released <br />May 3, 1993, effective September 1, 1993, ("FCC Regulations") which <br />describes a comprehensive process whereby franchising authorities <br />may regulate the rates charged' by existing cable television <br />operators for the basic service tier and associated'equipment; and <br /> <br /> WHEREAS, the FCC procedure allows franchising authorities to <br />seek certification from the FCC and thereafter regulate the rates <br />charged by cable operators for the basic service tier and <br />associated equipment; and <br /> <br /> WHEREAS, the City, as franchising authority, has reviewed the <br />FCC certification process and applicable FCC forms and determined <br />that it has the legal authority and financial capability to <br />exercise rate regulation under the FCC's regulations; and <br /> <br /> WHEREAS, the City has determined that it is in the best <br />interests of the City, its residents, and cable television <br />subscribers to exercise the regulatory authority afforded <br />franchising authorities under the FCC's regulations; and <br /> <br /> WHEREAS, the City has determined that its best interests are <br />served by moving forward in an expeditious 'manner seeking <br />certification from the FCC to regulate the basic cable service tier <br />and associated equipment to avoid potential rate increases which <br />may result in higher overall rates charged to cable television <br />subscribers within the City; now, therefore <br /> <br />BE IT RESOLVED BY THE CITY OF LAKEWOOD, STATE OF OHIO <br /> <br /> Section 1~ That Council authorizes the Mayor to submit all <br />applicable forms to the FCC to seek certification for regulation of <br />the basic service tier and associated equipment. <br /> <br /> Section 2. No further action or approval by the City Council <br />shall be required for execution of any and all appropriate forms to <br />be submitted to the FCC for regulation of the basic service tier <br />and associated equipment. <br /> <br /> Section 3. It is found and determined that all formal actions <br />of this Council concerning and relating to the passage of this <br />Resolution were adopted in an open meeting~ o~s Council, and <br />that all deliberations of this C~~_a_n~s committees <br />that resulted in such formal a~~re/~ ~.e~ open to the <br />p~blic, in compliance with al <br /> <br />Appr°ved :.+~ ~!~ <br /> <br /> <br />