Loading...
HomeMy WebLinkAboutRes 41-93 10/05/1993 caf 9/28/93 RESOLUTION NO. 41-93 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 MOUNT PROSPECT WHEREAS, on October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition ACt of-_1992 which, among other things, provided that the equipment, installation and services, of a cable television system (hereinafter referred to as "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 referred to as "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 Re.qulation, MM Docket 92-266, FCC 93-177, released May 3, 1993 (hereinafter referred to as "FCC Rate Regulations"); and WHEREAS, the Village of Mount Prospect (hereinafter referred to as "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, including, without limitation, the system currently being operated by Telenois, Inc./TCI of Illinois, Inc. (hereinafter referred to as "the Company") pursuant to the Cable Communications Code and Franchise Agreement (hereinafter referred to as "Franchise"); and WHEREAS, the Village desires to regulate the Basic Service Rates and Charges of the Company and any other cable television system operating in the Village and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provisions in the Franchise. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village 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 Village, notwithstanding any different or inconsistent provisions in the Franchise. SECTION TWO: In connection with such regulation, the Village will ensure a reasonable opportunity for consideration of the view of interested parties. SECTION THREE: The Village Manager of the Village of Mount Prospect, 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 Rates and Charges. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: None PASSED and'APPROVED this 5th day of October ,1993. Al-r T: ~ . Fadey, Mayor Carol A. Fields, Village Clerk