Res 118-93 8/17/1993RESOLUTION NO. lld (3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY ATTORNEY TO FILE THE
FRANCHISE AUTHORITY CERTIFICATION FORM" WITH THE
FEDERAL COMMUNICATIONS COMMISSION, REQUESTING
CERTIFICATION TO REGULATE BASIC CABLE SERVICE RATES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, pursuant to the 1992 Federal Cable Act,
municipalities which franchise cable television systems within
their jurisdiction may, on September 1, 1993, file with the
Federal Communications Commission a "Franchise Authority
Certification Form, " requesting authorization to regulate basic
cable service rates; and,
WHEREAS, the City Council of the City of Wichita Falls
believes it is in the best interest of the consumers served by
cable television services to have the basic cable rates regulated
by the franchising authority, and further finds that it has both
the authority and the personnel to administer rate regulations as
may be adopted by the Federal Communications Commission pursuant
to 47 U.S.C. 543 (b) .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That all the above preambles and recitals are
found to be true and correct.
SECTION 2. That the City Attorney be and is hereby
authorized to file on behalf of the City of Wichita Falls FCC
Form 328 with the Federal Communications Commission, a copy of
which is attached hereto and made a part hereof for all purposes,
expressing the desire of the City of Wichita Falls as a franchise
entity to assume authority to regulate the basic cable service
rates within the City of Wichita Falls.
SECTION 3 . That the City of Wichita Falls hereby certifies
that it will administer regulations with respect to basic cable
services that are consistent with the regulations adopted by the
FCC prusuant to 47 U.S.C. Section 543 (b) .
SECTION 4. It is hereby officially found and determined
that the meeting at which this resolution was passed was open to
the public as required by law.
PASSED AND APPROVED this the 17th day of August, 1993 .
0°.' 0.
111"
M A O
ATTEST:
City erk
APPENDIX D
SAMPLE FCRM C t LY--NCY T APPROVED BY 013***
FC M FOR LOCAL a-i I S ING AUTHORITY CERTIFICATION
FCC Form 328 APPROVED UtB
Expires
FEDERAL CO tlUNICATIONS CaMISSION
FASHINGTON, D.C. 20554
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
Return form to the Federal Catnunications Ca:mission
Under 47 C.F.R. § 76.1000 et seq.)
1. a) Name of Franchising Authority: City of Wichita Falls
b) Address: 1300 Seventh Street
including zip) Wichita Falls, TX 76301
c) Telephone: (817) 761-7625
1 zip code of cable system(s) and
addresses) including pNamesand2. a)
associated FCC catrnunity unit identifiers within your jurisdiction.
Vista Cablevision, a subsidiary of
Time Warner Cable
3225 Maurine Street
Wichita Falls, Texas 76305
b) Names) of system(s) and associated corm-unity unit identifiers you
claim are subject to regulation.
Vista Cablevision
c) Have you served a copy of this form on all parties listed in b?Yes x ?No
3. Will your franchising authority adopt (within 120 days of certification)
and administer regulations with respect to basic cable service that are
consistent with the regulations adopted by the FCC pursuant to 47 U.S.C.
543(b) ? Yes x NoSEEATTACHEDRESOLUTION
SAM'IE FCRI ONLY--NOT APPROVED BY O B***
4. With respect tc the franchising authority's regulations referred to in
Question 3,
a) Does your franchising authority have the legal authority to adopt
them?
Yesx No
b) Does your franchising authority have the personnel to administer
them?
Yesx No
5. Do the procedural laws and regulations applicable to rate regulation
proceedings by your franchising authority provide a reasonable opportunity
for consideration of the views of interested parties?
Yesx No
6. The Commission presumes that the cable system(s) listed in 2b is (are) not
subject to effective competition. Based on the definition below, do you
have reason to believe that this presumption is correct? If not, state
why not.
Effective competition means that (a) fewer than 30 percent of the
households in the franchise area subscribe to the cable service of a
cable system; (b) the franchise area is (i) served by at least two
unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of the
households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for
that franchise area offers video programming to at least 50 percent
of the households in that franchise area.)
Yeses No