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HomeMy WebLinkAboutRESOLUTION - 56-93 - 9/28/1993 - CABLE TV SYSTEM/CHARGES & RATES RESOLUTION NO. 56-93 A RESOLUTION TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, on October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 which, among other things , provided that the basic service tier rates , and the charges for related equipment, installation and services, of a cable television system (hereinafter "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter, the "FCC") ; and WHEREAS, on April 1 , 1993, the FCC prescribed such regulations in the Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992; Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3, 1993) (hereinafter, the FCC Rate Regulations") ; and WHEREAS, the Village of Elk Grove Village (hereinafter, the "Village") 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 Village; and WHEREAS, the Village desires to regulate the Basic Service Rates and Charges of cable television systems operating in the Village and shall do so in accordance with the FCC Rate Regulations , notwithstanding any different or inconsistent provisions in any of the Franchise Agreements. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the Village will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and charges of cable television systems operating in the Village, notwithstanding any different or inconsistent provisions in the Franchise Agreements. Section 2: That in connection with such regulation, the Village will ensure a reasonable opportunity for consideration of the views of interested parties. Section 3: That the Village Manager, or his designee, is authorized to execute on behalf of the Village 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 Village to regulate Basic Service Pates and Charges. Section 4: That this Resolution shall be in full force and effect from and after its passage and approval , according to law. VOTES: AYES: 5 NAYS: 0 ABSENT:_ PASSED this 28th day of September , 1993. APPROVED this 28th day of September , 1993. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk - 2 - deli C. _ _.G� )Oe W ' .vt or O.C 20534 F+ew4 asnem FCC 328 Fa FCC Use Only 800L �0 1 ? 11 ,177 CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION I Name of Franchising Authority 1. Will your franchising authority adopt aye, 1:1 No Village of Elk Grove Village (within 120 days of certification) and Mailing Address administer regulations with respect tb 901 Wellington Avenue basic cable service that are consistent City State ZIP Code with the regulations adopted by the FCC Elk Grove Village IL 60007 pursuant to 47 U.S.C.Section 543(6)? Telephone No.(include area code): (708)439-3900 4. With respect,to the franchising authority's regulations referred Person to contact with respect to this form; to in Question 3, Ayes ONo Gary E. Parrin, Village Manager a. Doc your franchising authority have the legal authority to adopt them? L a. Name(s)and addresses)of cableD Yes 11 No syrteetn(s)and associated FCC community b. Doc your franchising authority have unit k;er"ifeers within your jurisdiction. tAttach additional sheets if necessary.) the personnel to administer therm Cable System's Name Continental Cablevision, Inc. ayes No S. Do the procedural laws and regulations Mailing Address applicable to rate regulation proceedings 1575 Roh1wing Road by your franchising authority provide a City State ZIP Code reasonab(e opportunity for consideration Rolling Meadows I IL 60008 of the views of interested partiesf Cable Syv nV KC Community Unit Identifier: yes No IL U�18 6. The Commission presume that the cable r systemis) listed in 2b. is (are) not subject to effective competition. Based on the Gable System's Name definition below, do you have reason to believe that this preumplion is correctf Mailing Address - (Effective competition means that (a) fewer than 30 pernmt of the City State ZIP Code households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) Erred by at least two Cabie System's FCC Community Unit Identifier: unaffiliated multichannel video programming distributors ods of which offers comparable video programming to at least 50 percent of the households in the franchise area; and Fi) the nasber of 2, b. Name (s) of households subscribing to programming services offered by syregulat and asswith r community unit u are you multichannel video programming distributors other than the largest claim are subject [o regulation and with respect to which you are filing this certification. (Attach additional sheets if necessary.) multichannel video he franchise distributor or c exceeds is percent of the households in the iranchix aro; or (U a multidvnnd video Name of System Community Unit programming distributor operated by the franchising authority for Identifser that franchoe aro offers video programming to at least SO percent Continental Cablevision, Inc IL 0518 of the households in that franchise area.) Name of System Community Unit Signature Identifier Title Villa e Manager 2,c. Have you served a copy of this form on all parties OYes ONO Date /a '6-. i 3 listed in 21.1 WILLFUL FALSE STATEMENTS.MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S.CODE TITLE 18,SECTION 1001). Return the original and one copy of this certification form(as indicated in Instructions),along with any attachments,to: Federal Communications Commission Ann: Cable Franchising Authority Certification P.O.Boz 18539 Washington, D.C. 20036 Kc^s ' �.nvv eNy