1600ORDINANCE NO. ~ 6U O
AN ORDINANCE AUTHORIZING THE MAYOR TO FILE F.C.C. FORM 328
"CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC
CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF
EFFECTIVE COMPETITION" WITH THE FEDERAL COMMUNICATIONS
COMMISSION, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, the City of West Memphis, Arkansas, has entered
into a franchise agreement with American Cablevison of West
Memphis, Inc. to provide television service to the people of the
City of West Memphis, Arkansas; and
WHEREAS, the Congress of the United States passed the
"Cable Television Consumer Protection and Competition Act of
1992" and this bill passed the House and the Senate; was vetoed
by then President George Bush, and the President's veto was
overridden in both the House and Senate by more than a two-
thirds vote and became law despite the President's veto; and
WHEREAS, this law is under the Federal Communications
Commission (the "F.C.C.") and the F.C.C. has adopted rules and
regulations regulating local cable television companies but has
delegated to local franchising authorities (the City of West
Memphis, Arkansas) the authority to regulate the basic tier of
rates for Cable Television Services; and
WHEREAS, the F.C.C. has frozen local cable television rates
until November 15, 1993; and
WHEREAS, the City of West Memphis, Arkansas, may seek
certification to regulate the basic tier of rates; and
WHEREAS, certification is effective thirty (30) days after
the date the F.C.C. receives a form 328 mailed by the City of
RE~'E!~'EC~?
CIlY CLERK OFFICE
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West Memphis by registered mail with return. receipt requested;
and
WHEREAS, if the local cable televi_siori company rates are
ten percent (10%) or more above the F.C.C.'s benchmark, the
rates can be rolled back ten percent (10%) with refund of all
excessive rates back to September 30, 1992, or a maximum of one
year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the Mayor i.s hereby authorized and directed
to file two completed F.C.C. Forms 328 by registered mail (not
certified mail) with return receipt requested to:
Federal Communications Commission
Cable Franchising Authority Certification
P. O. Box 18539
Washington, D.C. 20036
SECTION 2. The Mayor is further directed to mail a
completed copy of this Form 328 to the local cable operator at
the address listed on the form by certified mail, return receipt
requested, on the same day copies are mailed to the F.C.C.
SECTION 3. EMERGENCY CLAUSE.
WHEREAS, September 1, 1993, is the earliest date that the
City of West Memphis, Arkansas, can regulate basic cable service
rates; and
WHEREAS, the City of West Memphis, Arkansas, will be
certified thirty (30) days after the F.C.C. receives the Form
328; and
2 RECEtVEp
CITY CLERK OFFICE
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WHEREAS, this must be done before the rate freeze imposed
by the F.C.C. on local cable rates expires on November 15, 1993;
NOW, THEREFORE, an emergency is hereby declared to exist
and this ordinance being necessary for the protection of the
public peace, health and safety shall be in full force and
effective from and after the date of its passage and approval.
PASSED AND APPROVED this 7'M day of ~-~o3FR , 1993.
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RECEIVED
Cable.ord 3 CITY CLERK OFFICE
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