HomeMy WebLinkAboutOrdinance 3735 ORDINANCE NO. 3735
AN ORDINANCE ADOPTING THE FCC RATE
REGULATIONS , ENSURING A REASONABLE
OPPORTUNITY FOR CONSIDERATION OF VIEWS OF
INTERESTED PARTIES; AUTHORIZATION TO UTILIZE A
RATE CONSULTANT PROVIDING FOR COSTS TO BE PAID
BY CABLE OPERATOR, AND FOR OTHER PURPOSES.
WHEREAS, the City of Fayetteville (hereinafter, the "City") is a franchising authority
with the legal authority to adopt, and the personnel to administer, regulations with respect to the
Basic Service Rates and Charges of any cable television system operating in the City, including,
without limitation, the system currently being operated by Warner Cable Communications, Inc.
(hereinafter, the "Company") pursuant to Ordinance No. 3413 , dated March 7, 1989 (hereinafter
the "Franchise"); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the
Company and any other cable television system operating in the City and shall do so in
accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent
provisions in the Franchise;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . The City will follow the FCC Rate Regulations in its regulation of the
Basic Service Rates and Charges of the Company and any other cable television system operating
in the City, notwithstanding any difference or inconsistent provision in the Franchise.
Section 2. In connection with such regulation, the City will ensure a reasonable
opportunity for consideration of the views of interested parties.
Section 3 . The Mayor, or his or her designee, is authorized to execute on behalf of
the City and file with the FCC such certification forms or other instruments as are now or may
hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic
Service Rates and Charges.
Page 2
Ordinance No. 3735
Section 4. Whereas, our City has been certified to regulate the Basic Tier Cable TV
Rates effective October 2, 1993 ; and whereas, the rates have been frozen until November 15 ,
1993 , and we need to officially notify our cable operator that we have been certified and we
request the cable operator to file a Form 393 within thirty (30) days. Therefore, an emergency
is hereby declared to exist and this ordinance being necessary for the immediate protection of the
public peace, health and safety shall take effect immediately on its passage and approval .
PASSED AND APPROVED this 2nd day of November , 1993 .
APPROVED:
By:
Fred Hanna, Mayor
ATTEST:
By : t.Prhlu
Sherry . Thomas, City Clerk
CMT IFICATE OF RECORD
State of A&Vnsas ( SS
City of Fayzteviile
I, Sherry fie €ras, City Clerk and Ex-
Officio res;�rder for the City of
Fayetteelllvci:i hereby ccrtify that the
annexed. !)r fcregvir g is of record in my
office and tine same appears in
Ordineixce & Res ihxtion bock x_ _v_iii _ at
page Y6' Witness my hand .and
seal 71 - � day of �La .<- k.�-
19 93 �p �
�.:.:y L;c;k ¢nodi �'.z-UfiScio Roca:cicr
STATE OF ARKANSAS
ss.
County of ./t•-�Washington
�--M1{ ^
I, perx ?ML`'1_J1�' hereby cer-
tify that I am the publisher cW THE NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
five columns each, published at a fixed place of business and at a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County for a definite price
for each copy, or a fixed price per annum, which price was fixed at what is considered the
ORDINANCE NO. 3736 SECTION 2. In connection value of the publication, based upon the news value and service value it contains, that at
I N ORDINANCE ADOPT- with such regulation, the least fifty percent of the subscribers thereto have aid cash for their subscriptions to the
ING THE FCC RATE REG- City will ensure a reason- y Pe P
ULATIONS. ENSURING A able opportunity for consid- newspaper or its agents or through recognized news dealers over a period of at least six
REASONABLE OPPORTUN- eration of the views of in-
ITy FOR CONSIDERATION terested parties. months; and that the said newspaper publishes an average of more than forty percent news
OF VIEWS OF INTERESTED matter.
PARTIES; AUTHORIZATION SECTION 3. The mayor, or
TO UTILIZE A RATE CON- his or her designee, is au-
SULTANT PROVIDING FOR thorized to execute on be- I further certify that the legal notice hereto attached in the matter of
COSTS TO BE PAID By half of the City and file
CABLE OPERATOR. AND with the FCC such sca-
FOR OTHER PURPOSES. tion forms or otherr instru-
ments
nrostra-
meets as are now or may
WHEREAS, the City of Fay- hereafter be required by the '
etteville (hereinafter. the FCC Rate Registrations in was published in the regular daily issue of said newspaper for
"City") is a franchising au- order to enable the City to
thority with the legal au- regulate Basic service consecutive insertions as follows:
thority to adopt. and the Rates and Charges.
personnel to administer, ��
regulations with respect to SECTION 4. Whereas, our The fust insertion on the day of 19
the Basic Service Rates and City has been certified to
Charges of any cable televi- regulate the Basic Tier
sion system operating in Cable TV Rates effective the second insertion on the day of 19
the City. including. without October 2. 1992 ; and
limitation, the system cur- whereas, the rated have
rently being operated by been frozen until November the third insertion on the da of 19
Warner Cable Communica- 15, 1993, and we need to y
tions. Inc. (hereinafter, the officially notify our cable op-
" Company") pursuant to erator that we have been and the fourth on
h insertion the da of 19
Ordinance No. 3413, dated certified and we request y
March 7, 1989 (hereinafter the cable operator to file e
the "Franchise"); and Form 393 within thirty (3
days . Therefore , an
lacedt
WHEREAS. the City desires emergency is hereby dec-
to regulate the Basic Ser- laretl to exist and this ortli- t� Y'
vice Rates and Charges of nance being necessary for R E C E I v L Y
the Company and any other the immediate protection of
cable television system op- the public peace. health and , Publisher / General Manager
erating in the City and shall safety shall take effect im-
do so in accordance with mediately on its passage D-EC 0 9 1993 ..
the FCC Rate Regulations, and approval.
notwithstanding any diffe-
rent or inconsistent provi- PASSED AND APPROVED FINANCE DEPT.
sions in the Franchise; this 2nd day of November.
NOW THEREFORE, BE IT 1993.
ORDAINED BY THE CITU APPROVED: -
COUNCIL THE By: Fred Hanna. Mayor
V E T T E V I L L E . ATTEST:
AR T L L E
ARKANSAS: By: Sherry L. Thomas. City _
Clark
SECTION 1 . The City will --- — - - - -- - -'I
follow the FCC Rate Reg-
ulations in its regulation of
the Basic Service Rates and Swom to and subscribed before me on this day of
Charges of the Company
and any other cable televi-
sion
I JC^�t+N' _T_}f�l t_r� 93
then system operatingg in in 19
the City, notwithstanding
any difference or inconsis-
tent
the
tent provision in the
Franchise.
Notary Public
My Commission Expires:
oq . 0 -o 1
Fees for Printing $ �� • 01c';
Cost of Proof
Total