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