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Home My WebLink About0514 514 ORDINANCE AO. AN ORDINANCE GOVERNTFG THE PROCEDURES AND STANDARDS FOR THE REGULATION OF CABLE TELEVISION RATES PURSUANT TO THE RULER OF THE. FEDERAL COMMUNICATIONS CO1rIIrIISSION AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 The City Council of the City. of Lakeville ordains as follows: Section 1. Title 3 of the Lakeville City Code is amended by adding Chapter 15 to read: 3-11-15 Background and Purvose. A. On the third day of June ~ lg 93 ~ the City of Lakeville, Minnesota ("City") passed and adopted Ordinance No. Soo granting to -star Metro Cable ("Grantee") ..the nonexclusive right to construct, own, and operate a cable television system in the City. B. The Cable Television Consumer Protection and Competition Act of 1992:.("1992 Cable. Act") was enacted on October 5, 1992, and became effective on December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 .and, in particular, Section 623. (47 U.S.C. 543) governing the regulation of .rates charged by cable television operators. C. On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable .Act. These FCC rate .regulations were released May 3, 1993, and became effective September -l, 1993. D. Pursuant to 47 C.F.R. Part 76.900., Subpart N, .Section 76.910, on the first day of December 1993, the City submitted FCC Forme328--Certification for Local Franchising Authoritie --to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt,. is to be considered the date .filed. A copy of FCC Form 328 was also served on Grantee. on December. 1 1993, the same day it was filed with the FCC._ E. Pursuant to Section 76.910, the City's certification becomes effective 30..days after the date filed. F. In adopting this Ordinance, the City reviewed applicable FCC regulations governing the basic service tier and .provided a reasonable opportunity for consideration of the views.. of .interested parties. G. This Ordinance will govern the procedures to be undertaken by the City for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations' of .the FCC. 3-15-2 Full ReaulatorLy Pgwer Reserved. All rates and charges for basic cable service and any other cable programming services, as defined by the 1992 Cable Act. and applicable FCC regulations, shall, to the eztent permissible,. be subject to regulation'by the City in a manner provided by this Ordinance. This .Ordinance shall apply to all cable .television system operators in the City. The Grantee and/or any other operator of a cable television. system operating in the City shall be subject to the rate :regulation provisions provided for herein, and those of .the FCC at 47 C.F.R., Part 76.900, Subpart N. The .City reserves the right to amend this Ordinance from time to time consistent with the requirements of the FCC, and state and federal law. 3-15-3 Procedures For Imnlementina Regulation of Basic Cable Service. A. The City hereby adopts and shall follow. the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76.900, Subpart N. B: Upon adoption of this Ordinance, a City representative will send to Grantee and each .operator of a cable television system in the City, via Certified Mail, Return. Receipt Requested, a written notice, which shall include a copy of this Ordinance and the completed FCC Form 328. C. After receipt of the :notice referenced im Section 3.B., Grantee and any other cable television operator shall have thirty {30) days to respond with rate and benchmark information utilizing FCC_ Form 393--Determination of Ma$imum Initial Permitted Rates For Regulated Cable .Services and Actual Cost of Equipment. -2- 1. If the initial rates and/or any .subsequent rate increases are within the FCC standards, the rates will be effective. thirty {30~ days after submission. 2. If the City is unable to determine whether the rate in issue is within the ..FCC's standards, based. on the material before it, or if the Grantee or any. other cable operator has- submitted a cost-of- service showing seeking to justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. a. The City. may take an additional 90 days if it needs: more. time to ensure that a rate is within the FCC's rate standards. - b. The City maytake an additional 150 days to evaluate a cost-of-service showing seeking to justify a rate above the reasonable rate level. c. The City must issue a .brief written decision regarding its. invocation of the additional fiime period. 3. If no action is taken within the above referenced time periods,. the proposed rates will go into effect, subject. to subsequent refund orders if the City later issues a decision disapproving any portion of the proposed rates. 4. In all cases, the City will issue a written decision to approve the rate schedule, disapprove the .rate schedule or continue for .review. 5. If rates. are in ezcess of the. FCC's standards, the rates may be reduced by the City pursuant to applicable FCC regulations.. D. After the initial rate schedule procedures are followed, as described in this Section, Grantee and/or any other .cable operator shall, in conjunction with each change in the .rates. and charges applicable to basic. cable. service,. conform to the standards of the FCC. Before any rate change is effective, Grantee and/or -3- any other cable operator shall notify the City of its requested rate change by giving .the City thirty (30) days advance written notice before the change is effective and by providing the City with its rates and applicable information pursuant to FCC .regulations. E. To the extent specifically permitted by .federal. law and applicable FCC rules, Grantee: and/or any other cable operator shall be permitted to appeal to the FCC for a review of the .decision of the City. 3-15-4 Consultant and Costs. A. The City may utilize a rate consultant to advise it on proposed rate changes .and to assist. it in the procedures and the standards for review adopted by the FCC.' A rate consultant may be any person who- has sufficient background and experience, in the sole opinion of the City, to properly..evaluate.. and analyze rates and charges. B. All costs for the review of initial rates or rate changes shall be paid by the cable operator. upon demand of the City, unless contrary to applicable rules of the .FCC governing these procedures or unless otherwise specifically preempted by state or federal law. The costs shall include, but not be limited to, rate consultants, attorney's fees and the reasonable va ue of services (as determined by the.City) rendered by the City or any City employees, agents or representatives of the City. 3-15-5 Application of the Rearuirements in this Ordinance. The requirements described in this Ordinance are applicable to the Grantee and all operators of cable television systems within the City subject to rate regulation according to the 1992 Cable Act and. applicable FCC rules.. SECTION 2. This ordinance shall be effective immediately following. its passage and publication.. PASSED AND ADOPTED THIS 1st DAY OF November 1993.. CITY 0 LAKEVILLE, MINNESOTA tes By Dua a Zaun, Mayo Charlene Friedges, Cit}~ Clerk 7882140 PUBLIC NOTICE ORDINANCE NO. 514 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE GOVERNING THE PROCEDURES AND STANDARDS FOR THE REGULATION OF CABLE TELEVISION RATES PURSUANT TO THE RULES OF THE FEDERAL COMMUNICATIONS COMMISSION AND THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 The City Council of the City of Lakeville ordains as follows: Rection 1, Title 3 of the Lakeville City Code is amended by adding Chapter 15 to read: 3-11-15: Background and Purpose, A. On the third day of June, 1993, the City of Lakeville, Minnesota .+9caod ,nd_ a.dQpt,d cable television system in the City, via Certified Mail, Return Receipt Requested, a written no- tice, which shall include a copy of this Ordinance and the completed FCC Form 328. C. After receipt of the notice refer- enced in Section 3.B., Grantee and any other cable television operator shall have thirty (30) days to respond with rate and benchmark information utilizing FCC Form 393 — Determination of Maximum Initial Permitted Rates For Regulated Cable Services and Actual Cost of Equipment. 1. If the initial rates and/or any subsequent rate increases are within the FCC standards, the rates will be effective thirty (30) days after submission. 2. If the City is unable to deter- mine whether the rate in issue is within the FCC's standards, based on the materials before it, or if the Grantee or any other cable operator has submitted a cost -of -service showing seeking to justify a rate above the FCC's reasonable rate level, the City may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. a. The City may take an addi- tional 90 days if it needs more time to ensure that a rate is within the FCC's rate standards. b. The City may take an addi- tional 150 days to evaluate a cost -of -service showing seeking to justify a rate above the rea- sonable rate level. c. The City must issue a brief written decision regarding t;r1Y OF LAKtVILLE, MINNESOTA,f By: (s) Duane Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in Lakeville Life & Times on Dec 6, 1993) OMB AFFIDAVIT OF PUBLICATION ichard M. Sherman , being duly sworn, 1 oath says that he/she is the publisher authorized agent and employee of the ublisher of the newspaper known as akeville Life & Times, and has full know- Kdge of the facts which are stated below: (A) The newspaper has complied with 11 of the requirements constituting quali- cations as a qualified newspaper, as pro- ided by Minnesota Statute 331A.02, 31A.07, and other applicable laws, as mended. (B)Theprinted City of Lakeville, regulation of cable TV hich is attached was cut from the col- mns of said newspaper, and was printed ad published once on Monday, the 6 day of Dec- , 1993; and Tinted below is a copy of the lower case phabet from A to Z, both inclusive, which hereby acknowledged as being the size ad kind of type used in the composition ZS OH3V M3 N Id publication of the notice: abed efghij kl mn opgrs tuvwxyz ialoy� �g oaiais Nd/itiv • sa{eie 2g $uuaals 1amod • bullpuo iuotD yid y: /4.444,60 06s06[TLE: Publisher 6$ ..00i 06.ibscribed and sworn to before me on 1itis 6 day of Dec. ,1993. -sem_ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. ■ Notary Public BARBARA J. GROSBERG NOTARY PUBUC - MINNESOTA SCOTT COUNTY Idv ccmmisslon expires 1-1 97