HomeMy WebLinkAboutResolution-1993-1364
RESOLUTION NO. -13~
TITLE:
A RESOLUTION AUTHORIZING THE GREATER METRO
CABLE CONSORTIUM TO FILE FOR, AND REGULATE,
BASIC CABLE TELEVISION SERVICE RATES ON BEHALF
OF THE CITY OF WHEAT RIDGE.
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 (the "1992 Cable Act") and the regulations
promulgated pursuant thereto authorize local governments empowered
under state law to regulate cable television rates to apply for
authorization to regulate basic service rates either jointly or
independently; and
WHEREAS, Sections 29-1-203 and 29-1-401 of the Colorado
Revised Statutes authorize political subdivisions of the State of
Colorado to cooperate or contract to provide any lawfully
authorized function, service or facility, or to form or maintain
associations to promote, through cooperative efforts, the interests
or welfare of each; and
WHEREAS, on November 20, 1992 the City of Wheat Ridge
(the "City") entered into a joint and cooperative Intergovernmental
Agreement (the "IGA") for a Greater Metro Cable Consortium (the
"GMCC"), which agreement created and established a cooperative
agency with other political subdivisions within the State of
Colorado for the purpose of sharing information and resources
regarding, and cooperating in the administration of, cable
television operations within the member jurisdictions; and
WHEREAS, the GMCC has agreed to comply with all
regulations of the united States' Federal Communications Commission
(the "FCC") pertaining thereto and act on behalf of the City in
regulating basic cable television service rates; and
WHEREAS, the City Council of the City of Wheat Ridge
("Council") finds that the City has authority under state law, the
Colorado Constitution and its Charter to regulate cable television
service within the City, and that the GMCC has sufficient personnel
to undertake cable television rate regulation; and
WHEREAS, Council also finds that it will be less
expensive and administratively burdensome upon the City, and is in
the best interest of the welfare of the citizens of the City to
cooperate with other political subdivisions through the GMCC in the
regulation of basic cable television service rates under the 1992
Cable Act;
WHEREAS, in accordance with Paragraph
Rate Regulations, the city of Wheat Ridge,
certified, may make independent rate decisions.
76.912 of the FCC
although jointly
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, THAT:
Section 1. The GMCC is hereby authorized and directed to
apply on the City's behalf for certification to regulate basic
cable television service rates in accordance with the 1992 Cable
Act and to act as the City's agent in regard to the regulation of
basic cable television service rates within the City.
Section 2. The GMCC is hereby authorized and directed,
as aqent for the City in the regulation of basic cable television
service rates within the City, to carry out and comply with all
mandates of the 1992 Cable Act and all regulations lawfully
promulgated pursuant thereto, and in accordance therewith to:
Adopt and administer rate regulations which
accord with FCC rate regulations promulgated
pursuant to the 1992 Cable Act;
Ensure and promulgate procedures and
regulations to ensure that all procedures in
the regulation of cable television rates
provide reasonable opportunity for
participation by the public;
Serve upon, and provide copies of, the
completed certification form, and of the
official certification, this resolution, and
all regulations promulgated pursuant thereto
to any and all cable operators operating with
the city.
RESOLVED AND PASSED THIS 13th
A.D. 1993.
day of
September
ATTEST:
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Wanda Sang,
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APPROVED AS TO FORM:
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