HomeMy WebLinkAboutR-93-0479J-93-367
6/8/93
RESOLUTION NO. 93- 479
A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF
MIAMI TO ADOPT AND ALMaIISTER CABLE TELEVISION
RE= ATICtNS WITH RESPECT TO THE RATES FOR THE BASIC
SERVICE TIER THAT ARE CONSISTENT WITH THE REGULATIONS
PRESC i.IBED BY THE FEDERAL COMMUNICATIONS C 0JISSION
FOR RRTJ1ATION OF THE BASIC SERVICE TIER.
WHEREAS, the Federal Communications Commission has issued new
regulations amending Parts 0 and 76 of Chapter 1 of Title 47 of the Code of
Federal Regulations which implement the cable television regulation provisions
contained in the Federal Cable Television Consumer Protection and Competition
Act of 1992; and
WHEREAS, the cable television licensee, Miami Tele-Conmunioations, Inc.,
is not subject to effective competition under the provisions of Part 76.905 of
Chapter 1 of Title 47 of the Code of Federal Regulations and therefore its
rates for basic service and for the equipment and installation necessary to
provide basic service to subscribers may be regulated by the City of Miami;
and
WHEREAS, City of Miami. Ordinance Nos. 9223 and 9332 provide the legal
authority for the City of Miami to adopt and administer regulation of cable
television rates and set forth procedures providing a reasonable opportunity
for consideration of the views of interested parties; and
WHEREAS, Past 76.910 of Chapter 1 of Title 47 of the Code of Federal
Regulations requires that the City of Miami must be certified by the Federal
Communications Commission in order to regulate the basic service tier and
associated equipment of a cable system within its jurisdiction; and
CITY COMMISSION
MEETING OF
JU 1. 2 2 1993
((��
Resolution No.
((��
93— 4'79
FII'
WHEREAS, to be certified by the Federal. Communications Commission, the
City of Miami, must file with the Federal. Communications Commission a written
certification that the City of Miami will adopt and administer regulations
with respect to the rates for the basic service tier that axe consistent with
the regulations prescribed by the Federal Communications Commission for
regulation of the basic service tier;
to) "A Ia•
Section 1. The recitals and findings contained in the preamble to this
Resolution are hereby adopted by reference thereto and incorporated herein as
if fully set forth in this Section.
Section 2. The Miami City Commission hereby expresses its intent to
adopt and administer cable television regulations with respect to the rates
for the basic service tier that axe consistent with the regulations prescribed
by the Federal Communications Commission for regulation of the basic service
tier.
Section 3. This Resolution shall become effective immediately upon its
adoption.
ATTEST .
MATTHIRAI, CITY C=
APPROVED AS • FORM AM CORRECTNESS:
BSS:M3624
-21
93- 479
-2-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Mayor and Members of DATE: JUN 1 61993 FILE:
the City Commission
SUBJECT: Resolution Expressing
intent to Administer
CATV Rate Regulation
REFERENCES: Consistent with FCC
FROM: Ces d I o Rules
C i t Hager ENCLOSURES:
it is respectfully recommended that the City Commission adopt a
resolution expressing its Intent to adopt and to administer cable
television regulations with respect to the rates for the
basic service tier that are consistent with the regulations
prescribed by the Federal Communications Commission for
regulation of the basic service tier.
In 1984, Congress deregulated the cable TV Industry and
substantially reduced local government's role in regulating
cable. The new federal "1992 Cable Act," as Implemented by the
FCC, gives the City of Miami a major role again In cable TV
regulation and in consumer protection. The City's role will now
Include setting and enforcing cable TV rates for basic service,
Installations and equipment. The cable television licensee, Miami
Tele-Communications, Inc., is subject to rate regulation since
under the new federal rules, the company does not have effective
competition. The City's cable television ordinances set forth
the City's authority to administer rate regulation and contain
provisions establishing procedures that provide a reasonable
opportunity for consideration of the views of Interested parties.
To begin regulating basic service and associated equipment rates,
the City needs to be certified by the FCC. The City must certify
to the FCC In writing that It will adopt and administer cable
television regulations with respect to the rates for the
basic service tier that are consistent with the regulations
prescribed by the FCC for regulation of the basic service tier.
Attachment: Proposed Resolution
I,
93- 479