HomeMy WebLinkAbout93-47 - Regulation of Basic Tier Cable Television Service RatesIII
RESOLUTION NO. 93-47
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING
THE APPLICATION FOR CERTIFICATION FROM THE
FEDERAL COMMUNICATIONS COMMISSION FOR THE
REGULATION OF BASIC TIER CABLE TELEVISION
SERVICE RATES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
1. WHEREAS, on February 16, 1993, City Council directed the City of Costa Mesa
("Costa Mesa") Cable Television Committee ("Committee") to conduct noticed public hearings
on the rates, service, and equipment of the cable television franchisee, Copley/Colony
Cablevision ("Copley/Colony"); and
2. WHEREAS, on March 2, 1993, and April 7, 1993, the Committee held noticed
public hearings on the rates, service, and equipment of the cable television franchisee,
Copley/Colony, and received written communications and testimony from the citizens of Costa
Mesa who are customers of Copley/Colony and receive cable television service from
Copley/Colony; and
3. WHEREAS, testimony was received at the public hearings that since the granting
of the cable television franchise to Copley/Colony in 1984, cable television service basic tier
rates have increased by 360 percent; and
4. WHEREAS, testimony was received at the public hearings that residents of Costa
Mesa have voiced and written concerns to the Committee about the cable television service rates,
programming, customer service, and equipment incompatibility; and
5. WHEREAS, the testimony established that the citizens of the City are dissatisfied
with cable television service rates for basic service tier and nonbasic tier cable television service,
and view the rates as being unreasonable in light of recent rate increases by Copley/Colony; and
6. WHEREAS, the testimony established that the citizens of the City are dissatisfied
with customer service and frequently experience equipment incompatibility with the cable
television service by Copley/Colony, and the senior discounts are not low enough; and
7. WHEREAS, the public's health, safety, and welfare will be served by the City
obtaining certification from the FCC (Federal Communications Commission) to regulate basic
tier cable service rates, and adopt customer service regulations and pursue a complaint for a roll
back of nonbasic tier cable television service rates;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
1. The City Manager and City Attorney are hereby directed and authorized to take
all necessary steps to apply for and obtain certification from the FCC to empower the City of
Costa Mesa to regulate basic tier cable television service rates within the City of Costa Mesa.
2. The City of Costa Mesa is the franchising authority within the City of Costa Mesa
and has adopted or will adopt and administer regulations with respect to rates under 47 U.S.C.
573 that are consistent with the regulations prescribed by the FCC.
3. The City of Costa Mesa has the legal authority to adopt and the personnel to
administer such regulations.
1. 141
4. The City of Costa Mesa's procedural laws and regulations which are or will be
applicable to rate regulation proceedings provide a reasonable opportunity for consideration of
the views of the interested parties.
5. The City of Costa Mesa has only one (1) cable television franchise,
Copley/Colony Cablevision, operating a cable television system within the City which is not
subject to effective competition.
6. The City Manager and City Attorney are further directed and authorized to take
all necessary steps to file a complaint with the FCC alleging that the rates by Copley/Colony
exceed the FCC criteria, where the City Attorney has found that evidence establishes
unreasonable rates for nonbasic tier cable television services has been charged by
Copley/Colony.
7. The City Attorney is directed to take all necessary steps to empower the City of
Costa Mesa to regulate the customer service area of cable television services in the City.
PASSED AND ADOPTED this 21st day of June, 1993.
ATTEST:
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Deputy Cit' Clerk of the City of
Costa Mes
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF COSTA MESA )
t
Mayor of the City of Costa Mesa
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-47 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof held
on the 21st day of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 22nd day of June, 1993.
Deputyi y Clerk and ex -officio Clerk of
the City ouncil of the City of Costa Mesa