Resolution No. 3709RESOLUTION NO. 3709
A RESOLUTION OF THE CITY OF CYPRESS, CALIFORNIA URGING THE
CONGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS
POLICY ACT OF 1984, AND EXPRESSING GENERAL CONCERN ABOUT THE NEED
FOR GREATER LOCAL GOVERNMENT REGULATORY AUTHORITY
WHEREAS, the Cable Communications Act of 1984 restricted
states' and local governments' abilities to regulate the cable
television industry directly; and
WHEREAS, since the passage of the Cable Communications Act
of 1984, concentrations of ownership amounting to monopolies have
increased among cable operators, even though that Act was
intended to "promote competition in cable communications and
minimize unnecessary regulations that impose undue economic
burdens on cable systems;" and
WHEREAS, municipalities throughout the nation, including
this one, have been subjected to substantial rate increases,
service reductions, and programming changes that do not reflect
consumers' needs or the original intentions of their franchise
agreements; and
WHEREAS, more than half of the nation's households, and more
than 7400 residences in this City subscribe to cable, and cable
television is increasingly becoming the main means of access to
information and entertainment; and
WHEREAS, cable subscribers in this City have been subjected
to rate increases of up to 85% since the enactment of the Cable
Communications Policy Act in October 1984, as well as increases
in the costs of installations, additional outlets and other
charges; and
WHEREAS, cable television is rapidly being priced beyond the
reach of lower - income people, including families with children
and the elderly, who are particularly in need of information and
other services that are available solely through cable
television; and
WHEREAS, the diversity of information services promised by
the 1984 Cable Communications Act has failed to materialize; and
WHEREAS, the promise of universal service, similarly, has
not been fulfilled; and
WHEREAS, existing law provides this City and other
franchising authorities no authority to control or question the
imposition by cable franchisees of exorbitant rates upon citizens
whose rights -of -way have been placed at the companies' disposal
by virtue of the grant of franchises; and
WHEREAS, the National League of Cities has adopted policies
in favor of increasing local governments' cable regulatory
authority and in favor of more competition in the provision of
cable television services to consumers; and
WHEREAS, the City Council and the staff regularly receive
public comment expressing frustration that the City is powerless
to regulate cable company subscriber rates and that the City's
cable television franchisees have quasi - monopolistic power over
their subscribers because only one company operates in any one
area of the City; and
WHEREAS, legislation that is now pending in the Congress of
the United States seeks comprehensive changes in the Cable
Communications Policy Act of 1984;
NOW, THEREFORE, BE IT RESOLVED THAT:
04-
1. The City Council of the City of Cypress, California
declares its support for the restoration of local regulatory
authority over cable television systems.
2. The Congress of the United States, with the support and
approval of the Executive Branch, should rewrite the Cable
Communications Policy Act of 1984, with particular focus on re-
regulation of subscriber rates, allowance of telephone company
provision of cable service under circumstances that respect local
government authority, system ownership transfers, the impact of
vertical integration in the cable industry, and other aspects of
the Act that directly impact local regulation and consumers.
3. The City Council of the City of Cypress, California
urges congressional action for appropriate federal legislation to
restore local authority over cable systems, to eliminate the
barriers to competition, and to rectify other aspects of the 1984
Act that work to disfavor cable consumers.
4. That such Federal legislation shall include the
provision of immunity from damages of any nature for local
government exercising or attempting to exercise in good faith the
authority conferred.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 12th day of March 1990.
F TH T OF YPESS
ATTEST:
CI'1Y CCERKTH,' CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of the said City Council held on the 12th day
of March 1990; by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCIL MEMBERS: Bowman, Kanel, Kerry and Age
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Arnold
CITY CLE K OF THEC"ITY OF CYPRESS