Resolution No. 4256RESOLUTION NO. 4256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
TO AUTHORIZE CITY REGULATION OF THE RATES
CHARGED FOR THE BASIC TIER OF CABLE TELEVISION SERVICE.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Cypress does
hereby find, determine and declare that:
A. Pursuant to the legal authority vested in the City by
Government Code Section 53066, the City has a franchise
with Copley- Colony Cablevision of Cypress
( "Franchisee ") to provide cable television service to
subscribers within the City; and
B. The City has the legal authority to adopt rate
regulations for the provision of cable television on
the basic service tier offered by Franchisee,
consistent with the rate regulations prescribed by the
Federal Communications Commission ( "FCC ") at 47 C.F.R.
Part 76, pursuant to Section 623 of the Communications
Act of 1934, as amended by the Cable Act of 1992 (42
U.S.C. § 543) (collectively, the "Act "); and
C. The City has become certified by the FCC to regulate
the rates charged by Franchisee to subscribers within
the City for the provision of the basic tier of cable
television service.
Section 2. The City Council of the City of Cypress hereby
resolves as follows:
A. The City shall regulate the rates charged by Franchisee
to subscribers within the City for the provision of the
basic tier of cable television service, as certified by
the FCC.
B. In regulating the basic tier rates charged by
Franchisee, the City will abide by the regulations
established by the FCC, including without limitation
those promulgated at 47 C.F.R. Part 76, and will abide
by the Act.
C. The City has the legal authority to adopt, and the
personnel to administer, such regulations.
D. The City will comply with the FCC's procedural rules
applicable to rate regulation proceedings and will
provide a reasonable opportunity for consideration of
the views of interested parties.
Section 3: The City Clerk shall file a FCC Form 328 with
the FCC and the Franchisees as soon as possible but in no event
sooner than September 1, 1993.
Section 4: The City Clerk shall certify the adoption of
this Resolution.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 8th day of November,
1993.
ATTEST:
CITY CL OF E CIF 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 8th day of November,
1993, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson,
Partin and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLER OF TH" CITY OF CYPRESS