HomeMy WebLinkAboutReso 030-97 TCI Non-complianceRESOLUTION NO. 30 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINDING TCI IN NON-COMPLIANCE WITH FCC REGULATION 76.964
(REQUIREMENT TO NOTIFY SUBSCRIBERS AND CITY OF CHANGE IN SERVICES);
AND DUBLIN MUNICIPAL CODE 3.20.335
(REQUIRING COMPLIANCE WITH FCC REGULATIONS);
AND FRANCHISE AGREEMENT SECTION 10.1
(REQUIRING COMPLIANCE WITH LAWS)
WHEREAS, Federal Communications Commission (FCC) regulation 76.964 provides a specific
process to be followed when Cable Television Operators Add or Delete programming; and
WHEREAS, TCI made several changes to programming offered in the City of Dublin, on
approximately December 29, 1996; and
WHEREAS, the changes were identified and explained in a Public Hearing Notice provided by the
City to TCI and dated February 18, 1997; and
WHEREAS, the City Council did conduct a public hearing on March 18, 1997 and accepted
testimony relative to the apparent violation; and
WHEREAS, TCI submitted a press release dated November 27, 1996 and a Legal Notice
published November 29, 1996 as evidence of their efforts to comply with the FCC requirements; and
WHEREAS, the evidence submitted by TCI was reviewed as part of the public hearing and its
content could not be judged to reasonably support a conclusion that the requirements of the FCC
regulation were complied with; and
WHEREAS, the nature of this violation is such that TCI cannot go back and correct the error since
proper notice was not given and the changes were implemented; and
WHEREAS, at the conclusion of the public heating and in accordance with Municipal Code
Section 3.20.800(B) the City Council did consider whether the violation was "excusable" or "inexcusable".
NOW, TH2EREFORE, BE IT RESOLVED that the Dublin City Council, based upon testimony and
evidence presented at a Public Hearing on March 18, 1997, does hereby find that TCI is in non-compliance
with: FCC Regulation 76.964; Dublin Municipal Code 3.20.335 - Requiring Compliance With FCC
Regulations; and Franchise Agreement Section 10.1. The cause of this violation was the change in
programming implemented in the Dublin cable system on or about December 29, 1996, without proper
notice to both the Franchising Authority and the subscribers.
BE IT FURTHER RESOLVED that the City Council in making the finding discussed above has
~%termined that the violation was "Inexcusable".
BE IT FURTHER RESOLVED that the City Council has determined that an appropriate penalty
shall be $200 (two hundred dollars), as allowed under applicable regulations and which shall be paid by
TCI within 30 days. If unpaid after 30 days the City may collect the amount as allowed under Section
3.20.380 (A) (3) of the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 18th day of March, 1997.
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: . ~ . //
- ~- ~jty Clerk---
Mayor
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K2/G/3-18-97/resotcib. doc