HomeMy WebLinkAboutRESOLUTION - 75-93 - 12/14/1993 - CONT'L CABLEVISION/POSTPONE ACCEPTANCE RESOLUTION NO. 75-93
A RESOLUTION TO POSTPONE ACCEPTANCE OF
CONTINENTAL CABLEVISION OF NORTHERN COOK COUNTY'S
BASIC TIER CABLE RATES (FCC FORM 393) AND APPOINT THE
CONTINENTAL REGIONAL CABLE GROUP AS THE HEARING BODY FOR
THE VILLAGE OF ELK GROVE VILLAGE
WHEREAS, pursuant to the communications Act of 1934, as amended by the Cable
Television Consumer Protection and Competition Ace of 1992, and the regulations prescribed
thereunder ("Act"), the Village is certified to regulate the rates charged for basic tier cable
service in the Village and all equipment, installation, and other services used for such basic
tier service;
WHEREAS, pursuant to the Act, Continental Cablevision of Northern Cook County
("Continental") has submitted to the Village its FCC 393 form, requesting approval of its
basic tier cable rates;
WHEREAS, the Act provides that if the Village is able to determine that
Continental's current basic tier rates are reasonable under the Act's rate standards, the basic
tier rates will go into effect 30 days after they are submitted;
WHEREAS, the Act provides that if the Village is unable to determine whether the
proposed basic tier rates are reasonable, it may toll the effective date of the proposed basic
tier rates for up to 90 days to conduct a public hearing, at which interested persons may
express their views and record objections, to make a final determination;
WHEREAS, the Village needs additional time to review Continental's proposed basic
tier rates and to ensure that they are within the Act's reasonableness standard, and, therefore,
wishes to toll the effective date of the proposed basic tier rates to make a final determination;
WHEREAS, the Village wishes to appoint the Continental Regional Cable Group
("the Group") as the hearing body to conduct a public hearing on the issue of whether
Continental's current basic tier rates are reasonable under the Act's rate standards and to
report its findings and recommendations to the Village Board;
WHEREAS, pursuant to the Act, Continental has made formal request to the Village
to commence proceedings to renew its existing cable franchise;
WHEREAS, the Act sets forth the cable franchise renewal procedure, which
procedure includes the holding of an initial public hearing ("Initial Public Hearing"); making
request that Continental submit a proposal for renewal, reviewing such proposal, determining
to grant or temporarily dei., such proposal; conducting a public aa,ninistrative proceeding
("Administrative Proceeding"), and making a final determination to grant or deny such
proposal; and
WHEREAS, the Village wishes to appoint the Group to implement for the Village the
Act's cable franchise renewal procedures and as the hearing body to conduct any public
hearing required under such procedures, except the Initial Public Hearing, and to report its
findings and recommendations to the Village Board.
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: The effective date of Continental Cablevision of Northern Cook County's
proposed basic tier rates is hereby tolled until January 31, 1994, and the Continental
Regional Cable Group is hereby appointed as the hearing body for the Village, to conduct a
public hearing on January 13, 1994, on the issue of whether Continental's current basic tier
rates are reasonable under the Act's rate standards and to report its findings and
recommendations to the Village Board.
Section 2: The Continental Regional Cable Group is hereby appointed as the hearing
body for the Village, to implement for the Village the Act's cable franchise renewal
procedures and as the hearing body to conduct any public hearing required under such
procedures, except the Initial Public Hearing, and to report its findings and recommendations
to the Village Board.
Section 3: Authority to make the final determination as to the reasonableness of
Continental Cablevision of Northern Cook County's proposed basic tier rates and to grant or
deny Continental Cablevision of Northern Cook County's proposal for renewal remains with
and is vested in the Village Board .
VOTE AYES: 6 NAYS: o ABSENT: o
PASSED this 14th day of December 1993
APPROVED this 14th day of December 1993
Dennis J. Gallitano
President
ATTEST:
Patricia S. Smith
Village Clerk
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