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RESOLUTION NO. 93- 23 INTRODUCED BY: Mayor Rinker and Council as a Whole A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT NECESSARY FORMS TO THE FEDERAL COMMUNICATIONS COMMISSION SEEKING CERTIFICATION TO REGULATE THE RATES CHARGED BY CABLE OPERATORS WITHIN THE VILLAGE FOR BASIC CABLE SERVICE WHEREAS, on April 1, 1993, the Federal Communications Commission ("FCC") adopted a Report and Order and Further Notice of Proposed Rule- makin~, in MM Docket No. 92-266, implementation of sections of the Cable Television Consumer Protection and Competition Act of 1992, Rate Regulation, FCC No. 93-177, released May 3, 1993, effective September 1, 1993, ("FCC Regulations") which describes a comprehensive process whereby franchising authorities may regulate the rates charged by existing cable television operators for the basic service tier; and WHEREAS, the FCC procedure allows franchising authorities to seek certification from the FCC and thereafter regulate the rates charged by cable operators for the basic service tier; and WHEREAS, the Village, as franchising authority, has reviewed the FCC certification process and applicable FCC forms and determined that it has the legal authority and financial capability to exercise rate regulation under the FCC's regulations; and ham, the Village, with the assistance from qualified advisors, has determined that it is in the best interests of the Village, its residents, and cable television subscribers to exercise the regulatory authority afforded franchising authorities under the FCC's regulations; and WHEREAS, the Village has determined that its best interests are served by moving forward in an expeditious manner seeking certification from the FCC to regulate the basic cable service tier to avoid potential rate increases which may result in higher overall rates charged to cable television subscribers within the Village. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: SECTION 1. The Mayor is hereby authorized to submit all applicable forms to the FCC to seek certification for regulation of the basic service tier. SECTION 2. That no further action or approval by the Village Council shall be required for execution of any and all appropriate forms to be submitted to the FCC for regulation of the basic service tier. SECTION 3. This Resolution shall take effect at the earliest time allowed by law and upon the signature of the Mayor. First Reading September 20 Second Reading n a , Third Reading n a , PASSED: September 20 , 1993 ~i.~ /~ G~~.O JO CINCO cil President 1993 1993 1993