HomeMy WebLinkAboutReso 044-83 FedCableTVLegRESOLUTION NO. 44 - 83
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
STATE OF CALIFORNIA
CONCERNING FEDERAL CABLE TELEVISION LEGISLATURE
WHEREAS, cable television is an important communication and
information technology for the Nation's cities and citizens, and it will
likely enjoy exclusivity within a community and will be the only
telecommunication medium with a direct link to the homes of citizens with
its facilities traversing the public's property; and
WHEREAS, local governments have had the responsibility for
franchising cable television systems in their cities and for effectively
overseeing the implementation of those franchises once awarded, and have
demonstrated the effectiveness of local control over local concerns; and
WHEREAS, major Federal cable television legislation has passed
the United Snates Senate and is pending House of Representatives approval.
BE IT THEREFORE RESOLVED by the City Council of the City of
Dublin that it is opposed to legislation which restricts the traditional
responsibilities which have been exercised by local government in this
area.
BE iT FURTHER RESOLVED, that our City urges members of the House
of Representatives to ensure that if Federal cable television legislation
continues as a possibility that the legislation provide for the following:
That Federal cable legislation not limit the option of local
governments to regulate the rates charged by cable 'television
companies for basic service;
That Federal cable legislation not limit the option of local
governments to define by negotiation with cable television companies
the definition of basic service;
That Federal cable legislation provide maximum competition in the
renewal process with no presumption or expectancy of renewal on the
part of the cable company holding the franchise;
That Federal cable legislation "grandfather" all existing franchises,
and their terms and conditions and all franchise processes in which a
Request for Proposal has been issued; and that Federal legislation
not apply to renegotiated franchise agreements, signed within six
months of enactment;
That Federal cable legislation not provide cable companies with the
power to abrogate contractural obligations based on a unilateral
assertion of a significant change in circums'[ances.
RESOLUTION CONCERNING FEDERAL CABLE TELEVISION LEGISLATION
Page 2
ATTEST:
That Federal cable legislation not limit the ability of local
governments to mandate public, educational, governmental, and leased
access to cable television;
That Federal cable legislation not limit the aOility of local
governments to negotiate the purchase price of a cable system if
there is a material breach in the franchise agreement;
That Federal cable legislation not define franchise fees to include
taxes, fees, or other assessments, imposed by the franchising
authority or other governmental authorities on cable system operators
or cable subscribers.
PASSED APPROVED AND ADOPTED this 22nd day of August, 1983
AYES~
Councilmembers Buruon, Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT~ None
-- D~p6ty City