HomeMy WebLinkAbout93-15 Amending Sections of Code Regulating Cable Television ServiceORDINANCE NO.. 3-/5
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING SECTIONS 19-30, 19-60, 19-
140, 19-150, 19-190, 19-250 AND 19-
300 OF THE COSTA MESA MUNICIPAL CODE
REGULATING CABLE TELEVISION SERVICE.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa does
hereby find, determine and declare that:
WHEREAS, pursuant to the legal authority vested in the City by
Government Code Section 53066, the City has issued a franchise to
Copley/Colony Cablevision ("Franchisee") to provide cable
television service to subscribers within the City; and
WHEREAS, the City has the legal authority to regulate rates
and customer. services for the provision of cable television on the
basic service tier offered by Franchisee, consistent with the rate
regulations prescribed by the Federal Communications Commission
("FCC") at '47 C.F.R. Part 76, pursuant to Section 623 of the
Communications Act of 1934, as amended by the Cable Act of 1992 (42
U.S.C. § 543) (collectively, the "Act"); and
WHEREAS, the City desires to become certified by the FCC to
regulate the rates charged by Franchisee to subscribers within the
City for the provision of the basic tier of cable television
service; and
WHEREAS, the amendment of the City's Cable Television
Regulations to be consistent with the FCC regulations.is necessary
to permit the City to regulate cable television rates and services.
ACCORDINGLY, the City Council of the City of Costa Mesa does
hereby amend Chapter I of Title 19 of the Costa Mesa Municipal Code
as follows:
Section 2. Subsection (S) is hereby added to Section 19-30
to read as follows:
"(S) Notwithstanding the above -referenced service
requirements, all cable television systems for the City
of Costa Mesa shall comply with the most stringent
service requirement set by this Chapter and the minimum
service requirements established by regulations
prescribed by the Federal 'Communications Commission
pursuant to the Communications Act of 1934, as amended by
the Cable Television Consumer Protection and Competition
Act of 1992. (47,U.-S.C. S§531,.532,1533, 543, 544, 547,
551 and 552 -.)"-
Section 3. Subsection (I.) of Section 19-60 of the Costa
Mesas Municipal Code is hereby amended as follows:
"(I) Notwithstanding the above -referenced service
requirements, all cable television systems for the'City
of Costa Mesa shall comply with the .most stringent
service requirements set by this Chapter and the minimum
service requirements established by regulations
prescribed by the Federal Communications Act of 1934, as
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amended,by the Cable,Television Consumer -Protection and
Competition Act of 1992."
Section 4. Subsection'(E) is hereby added to Section 19-
130 of.the Costa Mesa Municipal Code to read as follows:
"(E) Notwithstanding the above -referenced service
requirements, all cable television,systems for the City
of Costa Mesa shall comply with the most stringent
service requirements set by .this Chapter and the minimum
service requirements established by -regulations
prescribed by the Federal Communications Act of 1934, as
amended by -the Cable Television Consumer Protection and
Competition Act of 1992." -
Section 5. Subsection (L) is hereby added -to Section 19-
140 of the Costa Mesa Municipal Code to read as follows:
"(L) Notwithstanding the. above -referenced. privacy
requirements,` all cable television systems for the City
of Costa Mesa shall comply with the most stringent
privacy requirements. set by this Chapter and the privacy
requirements established by regulations prescribed by the
Federal Communications Commission pursuant to the
Communications Act of 1934, as amended by the Cable
Television Consumer Protection -and Competition Act of
1992 (47 .U.S_C. S 551).11
Section 6. Subsection -(8), -.is hereby added to Section 19.
150 of the Costa Mesa Municipal Code to read as -follows:
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"(8) Notwithstanding the above -referenced service
requirements, all cable television systems for the City
of Costa Mesa shall comply with the most stringent
service requirements set by this Chapter and the minimum
service requirements established by regulations
prescribed by the Federal Communications Act of 1934, as
amended by the Cable Television Consumer Protection and
Competition Act of 1992."
Section 7. Subsection (H) is hereby added to Section 19-
160 of the Costa Mesa Municipal Code to read as follows:
"(H) Notwithstanding the above -referenced requirements,
all franchise applications shall be acted upon by City
Council consistent with the requirements of the
Communications Act of 1934, as amended by the Cable
Television Consumer Protection and Competition Act of
1992." (47 U.S.C. §§ 541 and 555.)
Section 8. Section 19-190"of the Costa Mesa Municipal Code
is hereby amended to read as follows:
"Sec. 19-190 Rate Regulation.
(A) All. cable television systems in the City of Costa
Mesa shall have their franchise agreement set forth the
rates and charges for the cable television services
provided .to customers within the City of Costa Mesa,
provided that said rates and charges maybe changed from
time to time by resolution of the City Council pursuant
to this Section. The applicability of this section to
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grantee shall be subject to State and Federal law and
regulations on the.deregulation of rates and charges.
(B) The City shall regulate the rates charged by grantee
to subscribers within the City for the provision of the
basic tier of cable television service, subject to.
certification by the Federal Communications Commission.
(C)_ In regulating the basic tier rates charged by
grantee, the. City .will abide by the regulations
established by the Federal Communications Commission,
including without limitation those, promulgated at 47
C.F.R. Part 76, and will abide by the Communications Act
of 1934, as amended by the Cable Television Consumer
Protection and Competition Act of 1992.
(D) Prior to adjusting or approving rates charged 'by
grantee, the City Council will comply with the Federal
Communication Commission's procedural rules applicable to
rate regulation proceedings and will conduct a public
hearing to provide a reasonaable opportunity for
consideration of the views of interested parties.
(E) An application by the grantee for a rate increase
shall be accompanied by and supported by all of the
information necessary for City Council to comply with the
regulations established by the Federal Communications
Commission and the Communications Act of 1934, as amended
by the Cable Television Consumer Protection and
Competition Act of 1992 (47 U.S.C. § 543). To the extent
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financial statements are provided by grantee to justify
a rate increaserequest, the City will keep such
statements confidential to the extent possible under
. State law.
(F) Upon receipt of the rate increase request and
accompanied by all of the supporting information in
Subsection (E) above, City Council shall.act upon this
request.within.a period of sixty (60) days from the date
upon which a complete application has been submitted in
.adequate form. Prior to taking action on the request, at
least one noticed public hearing shall be held upon the
rate increase 'request. The City Council shall, by
resolution approve, partially approve or disapprove any
increase of rates or. changes of rates for additional
services on the basis of the regulations prescribed by
the Federal Communications Commission and provisions of
the Communications Act of 1934, as amended by the Cable
Television Protection and Competition Act of 1992 (47
U.S.C. § 543).
(G) Any increase in rates or charges approved by City
Council shall become effective thirty (30) days after the
date of approval of the resolution."
Section 9. Subsection (J) is added to Section 19-250 of
the Costa Mesa Municipal Code to read as follows:.
"(J) Notwithstanding the above -referenced requirements,
any transfer of assignment shall comply --with the most
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restrictive requirements of this Chapter and. the
regulations prescribed by the Federal Communications
Commission and the provisions of the Communications Act
of 1934, as amended by the Cable Television Consumer
Protection and Competition Act .of 1992 (47 U.S.C. §
533)."
Section 10. The first paragraph is renumbered to Subsection
(A) and Subsection (B) is .added to Section 19-290 of the Costa Mesa
Municipal Code to read as follows:
"(B) The limitation on City liability as established by
the Communications Act of 1934, as amended by the Cable
Television Consumer Protection and Competition Act of
1992 (47.U.S.C. § 555) are incorporated -herein by this
-reference."
Section 11. Subsection (E) of Section 19-300 of the Costa
Mesa Municipal Code is hereby amended to read as follows:
"(E) In addition to those penalties prescribed by the
Communications Act of 1934., as amended by the Cable
Television Consumer Protection and Competition Act of
19.92 (47 U.S.C. § 533), a violation of the foregoing
subsections (A), (B), (C),: or (D) shall constitute a
misdemeanor and is punishable by imprisonment inthe
county jail not exceeding six (6) months and/or by a fine
not exceeding five hundred dollars ($500.00) for each and
every offense.'
Section 12. Publication.
This Ordinance shall take effect and be in full force and
effect thirty (30) days.from and after its passage and, before the
expiration of fifteen (15) days after its passage, shall be
published once in the NEWPORT,BEACH-COSTA MESA.PILOT, a newspaper
of general circulation printed and published in the City of Costa
Mesa, or, in the alternative, the City. Clerk may cause to be
published a summary of this Ordinance anda certified.copy of the
text of this Ordinance shall be.posted in- the office of the City
Clerk five (5) days prior to the date. of adoption of this
Ordinance, and within fifteen (15) days after adoption, the City
Clerk shall cause to be published -the aforementioned summary and
shall post in the -office of the City.Clerk'a certified copy of this
Ordinance together with. the names of the members of the City
Council voting for and against the.same.
PASSED AND ADOPTED this day of , 1993.
Mayor of the City of Costa Mesa
ATTEST:
y Cit Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE. ) ss.
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 Ordinance No. 93-15 was introduced and
considered section by section at -a regular meeting of the City
-
Council held on the 16th day of August, 1993, and thereafter passed
and adopted as a whole_ at a regular meeting of the City Council -
held on the 7th day of_September, 1993, by the following roll call
vote:
AYES: �Enl;S� .qu1nP14REY, /40PA)!5UCkLC
NOES: jVONE
ABSENT: Aft) n)E
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Costa Mesa this 8th day of September, 1993.
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