HomeMy WebLinkAbout6.1 CompliCableTV&CnsmrAct1992
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 28,1994
SUBJECT: Public Hearing: Adopting Regulations in Compliance with the Cable
Television and Consumer Protection Act of 1992.
1:J(prepared by: Bo Barker, Management Assistant)
EXHIBITS ATTACHED: l/'Proposed Ordinance for Adoption
RECOMMENDATION: 1.
2.
3.
4.
5.
Open Public Hearing
Accept Public Testimony
Close Public Hearing
Deliberate, waive the reading and adopt the Ordinance
Notify Viacom Cablevision of these Regulations
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FINANCIAL STATEMENT:
There will be a cost for review of the cable operator's rate application
which depends on the scope of the rate application and is therefore
unknown at this time. The cost will be split between the Cities of
Livermore, Pleasanton, San Ramon and Dublin.
DESCRIPTION: On October 5, 1992, Congress enacted the Cable Television Consumer Protection
and Competition Act of 1992. The Act allows cable systems not subject to effective competition to be
regulated. In accordance with regulations prescribed by the Federal Communications Commission
(FCC), franchising authorities, such as cities, may regulate basic cable service rates, charges for related
equip~ent and establish customer service standards that are consistent with the FCC regulations.
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Rates for premium channels and pay-per-view channels are not regulated. Rates for all other cable
programming (Le. Satellite Value package) are subject to regulation by the FCC.
In order to regulate, the City must be certified by the FCC. The City became certified on November 10,
1993. The City must now hold public hearings and adopt local regulations consistent with the FCC
regulation within 120 days of certification, or by March 10, 1994.
Adopting an Ordinance
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At the February 14th meeting, the City Council conducted a public hearing and introduced this
ordinance. The proposed ordinance amends Title 3, Chapter 20 of the Dublin Municipal Code - Cable
Television and Communication System. The attached ordinance (Exhibit 1) adopts the detailed FCC
regulations, including customer service standards by refe!el}ce. Th~ methodology was developed and
recommended by NATOA (National Association of Telecommunications Officers and Advisors), a
national governmental telecommunications group.
It is recommended the City Council waive the reading and adopt the ordinance that provides for the
regulation of basic cable service and customer service standards of the Cable Television System. The
City is also required to notify the cable operator of this action.
COPIES TO: Michal Houston, Viacom Cablevision
ITEMNO.~
CITY CLERK
FILE~
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ORDINANCE NO. - 94
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING MUNICIPAL CODE CHAPTER 3.20 (CABLE TELEVISION FRANCHISE)
TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND
RELATED EQUIPMENT, INSTALLATIONS AND SERVICE CHARGES AND
CUSTOMER SERVICE STANDARDS OF ANY CABLE TELEVISION SYSTEM
OPERATING IN THE CITY OF DUBLIN
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The City Council of the City of Dublin does hereby ordain.
Title 3, Chapter 20, of the Dublin Municipal Code is amended by adding the following sections:
Section 1 - FCC Cable Regulations
3.20.335 shall be added to the DMC to read as follows:
a. Incorporation of FCC Cable Regulations
Grantor hereby adopts and incorporates by reference the FCC Cable Regulations
implementing the Cable Television Consumer Protection and Competition Act of 1992 (47
U.s.c. 521 et seq.), including but not limited to those rules and regulations regarding rate
regulation as set forth in 47 CPR 76.900 t076.985 and regarding customer service standards as
set forth in 47 CFR 76.309. Amendments to FCC rules and regulations implementing the
Cable Act of 1992 made after the effective date of this section shall also be incorporated by
reference without further legislative action by the Grantor.
The FCC Cable Regulations supersede any different or inconsistent provisions in the Chapter
3.20 or in the franchise granted under it.
b. Implementation
Grantor shall implement the FCC Cable Regulations in the City with the existing Grantee and
any future franchisees. In implementing the Regulations, Grantor w!ll ensure a reasonable
opportunity for consideration of the views of interested parties." .
Section 2 - Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force 30 days after its adoption. The City Clerk of the City
of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of
Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 28th day of February, 199:1.
AYES:
NOES:
ABSENT:
. Mayor
Exhibit 1