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