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131 <br /> <br />RESOLUTION: CABLE TV BASIC TIER RATE REGULATION <br /> <br /> Mr. Toscano made a motion to approve the Cable TV basic <br />tier rate regulation and Ms. Slaughter seconded the motion, <br />noting that she agreed that it was too risky not to become <br />certified at this time. <br /> <br /> Mr. Vandever stated that he would consider reasonable <br />requests for rate increases and did not feel that the City <br />becoming certified violated any good faith efforts toward <br />cooperation with Adelphia. <br /> <br /> The Cable TV basic tier rate regulation was unanimously <br />approved by Council. <br /> <br /> WHEREAS, on April 1, 1993, the Federal Communications <br />Commission adopted a ~port .and order and Further No~tice of <br />Proposed Rule-making, in MM docket No. 92-266, implementation <br />of sections of the Cable Television Consumer Protection and <br />Competition Act of 1992, Rate Regulation, FCC No. 93-177, <br />released May 3, 1993, effective September 1, 1993, ("FCC <br />regulations") which describes a comprehensive process whereby <br />franchising authorities may regulate the rates charged by <br />existing cable television operators for the basic service <br />tier; and <br /> <br /> WHEREAS, the FCC procedure allows franchising authorities <br />to seek certification from the FCC and thereafter regulate the <br />rates charged by cable operators for the basic service tier; <br />and <br /> <br /> WHEREAS, the City, as franchising authority, has reviewed <br />the FCC certification process and applicable FCC forms and <br />determined that it has the legal authority and financial <br />capability to exercise rate regulation under the FCC's <br />regulations; and <br /> <br /> WHEREAS, the City, with assistance from qualified <br />advisors, has determined that its best interests are served <br />by moving forward in an expeditious manner seeking <br />certification from the FCC to regulate the basic cable service <br />tier to avoid potential rate increases which may result in <br />higher overall rates charged to cable television subscribers <br />within the City; <br /> <br /> NOW, THEREFORE be it resolved by the City Council of the <br />City of Charlottesville, Virginia: <br /> <br /> 1. The City Manager is hereby authorized to submit all <br />applicable forms to the FCC to seek certification for <br />regulation of the basic service tier. <br /> <br /> 2. No further action or approval by the City Council <br />shall be required for execution of any and all appropriate <br />forms to be submitted to the FCC for regulation of the basic <br />service tier. <br /> <br />ORDINANCE: CABLE TV BASIC TIER RATE REGULATION <br /> <br /> On motion by Mr. Toscano, seconded by Ms. Daugherty, the <br />ordinance entitled "AN ORDINANCE GOVERNING THE PROCEDURES AND <br />STANDARDS FOR THE REGULATION OF CABLE TELEVISI©N RATES <br />PURSUANT TO THE RULES OF THE FEDERAL COMMUNICATIONS <br />COMMISSION AND THE CABLE TELEVISION CONSUMER PROTECTION AND <br />COMPETITION ACT OF 1992" was offered and carried over to the <br />next meeting for consideration. <br /> <br /> Mr. Toscano made a motion to approve the Cable TV <br />expanded tier rate regulation and Ms. Daugherty seconded the <br />motion. <br /> <br />Mr. Vandever stated that he was less comfortable with <br /> <br /> <br />