HomeMy WebLinkAbout74-40 - Opposing F.C.C. Regarding Limitations on Fee City may impose on FranchiseRESOLUTION NO. 74-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA, OPPOSING THE PROPOSAL OF THE FEDERAL
COMMUNICATIONS COMMISSION TO IMPOSE LIMITATIONS ON THE
FEE WHICH MAY BE CHARGED BY THE CITY FOR A CATV FRAN-
CHISE AND THE USES OF THE FUNDS DERIVED THEREFROM.
WHEREAS, the Federal Communications Commission has published in
the Federal Register notice of its Clarification of the Rules and Notice
of Proposed Rule-making; and
WHEREAS, the Clarification of the Rules and Notice of Proposed
Rule-making contain provisions that will impose limitations on the per-
centage, amount, and source of revenues that a city may lawfully impose
upon a franchisee; and
WHEREAS, the Clarification of the Rules and Notice of Rule-making
further purports to establish the exact manner in which such revenues
may be employed by a city; and
WHEREAS, the cities have been traditionally vested with the right
to establish the terms and fee by which a franchisee may be permitted to
use the city streets and rights of way; and
WHEREAS, cities have, and must continue to maintain, exclusive
control over the use of revenues lawfully paid to the cities from the
grant of such a franchise; and
WHEREAS, the proposed action by the Federal Communications Commis-
sion would conflict with the lawful authority of city governments and
constitute an unwarranted intrusion into local affairs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Costa Mesa that the Council go on record as strongly opposed to the
proposal of the Federal Communications Commission to limit the amount and
source of revenues and the percentage fee it may legitimately impose on
a franchisee; and
BE IT FURTHER RESOLVED that the City Council of the City of Costa
Mesa go on record as strongly opposed to the proposal by the Federal Com-
munications Commission to establish the use to which a city may employ
the funds; and
BE IT FURTHER RESOLVED that the City of Costa Mesa urges the National
League of Cities and the California League of Cities to actively oppose
the proposed actions by the Federal Communications Commission.
PASSED AND ADOPTED this 2nd day of July, 1974.
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Mayor of the City of Costa Mesa
ATTEST:
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City
Clerk
of the
City
of Co Mesa
S'7
58
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PRINNEY, 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. 74-40 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof held on the 2nd
day of July, 1974.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 3rd day of July, 1974.
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of the
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City
Clerk and
ex -officio
City
Council of
the City
of
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