HomeMy WebLinkAboutMINUTES - 09141993 - 2.3 .� c2. 3
TO: BOARD OF SUPERVISORS .......... Contra
SEL
FROM: Phil Batchelor, County Administrator Costa C L
o:.
DATE: August 27, 1993 �?sTq � �° .County
SUBJECT: CERTIFY TO REGULATE BASIC TIER CABLE TELEVISION. RATES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
AUTHORIZE the Franchise Administrator to sign Federal
Communications Commission Form FCC 328 to apply for certification
for Contra Costa County to regulate Cable Television rates of the
basic tier. and associated equipment;
INDICATE that, in regulating rates for the basic tier of cable
service, the County will follow the regulations established by the
Federal Communications Commission (FCC) ; and
DIRECT the Franchise Administrator to notify the FCC of this
_action.
FISCAL IMPACT: No cost for the Certification process . However,
initial review of basic tier rates could require , additional
designation of franchise fees if a consultant's analysis of the
rate proposal is necessary. These costs could potentially be
shared with Cities who are doing similar reviews.
BACKGROUND:
In _December, 1992, the United States Congress passed the Cable
Television Consumer Protection and Competition Act of 1992 which
authorized local jurisdictions to regulate Cable. Television rates
of the Basic Tier and associated equipment.
The United States Congress delegated overall implementation
authority of the Act to the Federal Communications Commission
(FCC) , which has developed a certification process for those local
cable franchising jurisdictions seeking rate regulatory authority
in accordance with the Act.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 14 , 1993 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD '
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED September 14 , 1993
Contact:Patricia Burke, 646-2948 PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: Franchise Administrator SUPERVIS RS AND COUNTY ADMINISTRATOR
County Counsel
Cable Operators o _
FCC BY AnDEPUTY
-2-
The certification process requires the County to submit Form FCC
328 and to make the following commitments to the Federal
Communications Commission:
* The cable systems licensed by the County are not subject
to effective competition; and
* The County will adopt and administer regulations with
respect to the rates for the basic service tier and
related equipment and services that are consistent with
the regulations prescribed by the Federal Communications
Commission; and
* The County has the legal authority to adopt and the
personnel to administer such regulations; and
* The County will provide a reasonable opportunity for
public consideration of the views of interested parties
at the time of rate review.
The Board has taken positions in support of rate regulation in the
past in response to customer complaints and has recently adopted
provisions to implement rate regulation as authorized by the
Federal Government in Section 58-8 . 008 of Cable Television
Ordinance 93-55 .
The FCC will accept certification forms after September 1, 1993 .
In order for the Board to exercise the power to regulate authorized
by the 1992 Cable Act, it is necessary to apply for certification
from the FCC.
In order to review the cable systems basic tier rates, the County
must receive certification approval from the FCC and must also
adopt regulations consistent with those established by the FCC. To
fulfill this requirement, the Board of Supervisors may approve the
language in this Board Order that states it will follow regulations
established by the FCC.
Within thirty days following submission of Certification Form FCC
328 and an approved Board Order, Contra Costa will automatically be
authorized to regulate the basic service tier rates unless the
cable operator challenges the certification.