HomeMy WebLinkAboutOrdinance 94- 1379, Cable television system rates and charges
ORDINANCE NO. 1379
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER
RATES AND RELATED EQUIPMENT, INSTAllATION AND SERVICE
CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY
OF BOZEMAN, MONTANA.
WHEREAS, on October 5, 1992, Congress enacted the Cable Television Consumer
Protection and Competition Act of 1992 which, among other things, provided that the basic
service tier rates, and the charges for related equipment, installation and services, of a cable
television system (hereinafter, "Basic Service Rates and Charges") shall be sUbject to
regulation by a franchising authority in accordance with regulations prescribed by the
Federal Communications Commission (hereinafter the "FCC"); and
WHEREAS, on April 1 , 1993, the FCC prescribed such regulations in the ReDort and
Order. In the Matter of ImDlementation of Sections of Cable Television Consumer Protection
and ComDetition Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177 (released
May 3, 1993) (hereinafter the "FCC Rate Regulations"); and
WHEREAS, the City of Bozeman (hereinafter, the "City") is a franchising authority
with the legal authority to adopt and administer regulations with respect to the Basic
Service Rates and Charges of any cable television system operating in the City including,
without limitation, the system currently being operated by TCI Cablevision of Bozeman
(hereinafter "the Company"); and
WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the
Company and any other cable television system operating in the City and shall do so in
accordance with the 1992 Cable Act and the FCC Rate Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA:
SECTION 1
1. The City shall regulate the Basic Service Rates and Charges of the Company and
any other cable television system operating in the City in accordance with the 1992 Cable
Act and the FCC Rate Regulations; and
2. In connection with such regulation, the City will ensure a reasonable opportunity
for consideration of the views of interested parties; and
3. The City Manager, or designee, is authorized to execute on behalf of the City
and file with the FCC such certification forms or other instruments as are now or may
---.-----------------
-.
-...----.--.---
hereafter be required by the FCC Rate Regulations in order to enable the City to regulate
Basic Service Rates and Charges.
SECTION 2
ReDealer: All resolutions, ordinances, and sections
of the Bozeman Municipal Code
inconsistent herewith are hereby repealed.
SECTION 3
Severability: If any provisions of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect the other provisions
of this ordinance which may be given effect without the invalid provision or application,
and, to this end the provisions of this ordinance are declared to be severable.
SECTION 4
Effective Date: This ordinance shall be effective thirty (30) days after final adoption
as provided by law.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 24th day of January 1994.
ATTEST:
(l~oI~
.
ROBIN L. SULLIVAN
Clerk of the Commission
"
FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the
7th day of February
1994.
c---~~ -
ATTEST:
~ ~~
ROBIN L. SULLIVAN
Clerk of the Commission
..
APPROVED AS TO FORM:
{-'.
~fl/P_
City Attorney
- 2 -
---". ---.. . ....- -.. ---------- .-------.--