HomeMy WebLinkAboutReso 52-1996RESOLUTION NO. 52-96
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A JOINT POWERS AGREEMENT
TO ENABLE THE CITY OF SOUTH SAN FRANCISCO
TO JOIN THE SAN MATEO CABLE TELEVISION
AUTHORITY (SAMCAT), AND ADOPTING PROCEDURES
PERMITTING THE REGULATION OF CABLE TELEVISION
RATES FOR BASIC SERVICE AND RELATED EQUIPMENT
AND DELEGATING INITIAL REVIEW AND RECOMMENDATION
AUTHORITY TO SAMCAT
WHEREAS, the San Mateo Cable Television Authority (hereinafter
"SAMCAT") was formed as a joint powers agency for the purpose of
addressing cable television issues common to cable franchising
authorities in San Mateo County; and
WHEREAS, the Federal Cable Television Consumer Protection and
Competition Act of 1992 (hereinafter "the 1992 Cable Act") permits
the City of South San francisco to regulate certain rates of the
cable television system; and
WHEREAS, the 1992 Cable Act directed the Federal
Communications Commission (hereinafter "the FCC") to establish
regulations and procedures by which a cable television franchising
authority may regulate certain rates of a cable television system;
and
WHEREAS, SAMCAT has agreed to comply with all regulations of
the FCC pertaining to rate regulation and act on behalf of the City
of south san Francisco in regulating cable television rates; and
WHEREAS, the City Council of the City Of south San Prancisco
finds that it will be less expensive and administra?ively
burdensome upon %he City of South San FrancisCO, and
best i~terest of the welfare of the citizens of %he City of South
San Francisco, to cooperate w %h other political subdivisions
through ~AMCA~ dealing with common cable television issues and in
%he regulation of cable television rates under the provisions of
the 1992 Cable Act; and
WHEREAS, the FCC rules clearly indicate that a franchising
authority which has jointly certified with other franchising
authorities may make independent rate decisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of South San Francisco that the public interest and convenience
require that the City of South San Francisco join the SAMCAT Joint
Powers Agency and that said membership is hereby approved and that
the City Manager ia authorized to sign and execute the Joint Powers
Agreement on behalf of the city of South San Francisco and to
appoint an individual to represent the City at SAMCAT meetings.
BE IT FURTHER RESOLVED by the City Council of the City of
South San Francisco, that it further authorizes SAMCAT to act on
behalf of the City with regard to reviewing, analyzing and making
recommendations for rate regulation action with the understanding
that SAMCAT shall act on these issues in a manner consistent with
the procedures and conditions established by the FCC as they may,
from time to time, be amended; and that as part of the rate
regulations proceedings, SAMCAT shall provide the opportunity for
consideration of the view of interested parties.
BE IT FURTHER RESOLVED by the City Council of the City of
South San Francisco that the Executive Director and/or Chairperson
of SAMCAT, or his designee, is hereby authorized, empowered and
instructed to file the necessary and proper forms prescribed in the
FCC regulations on behalf of the City of South San Francisco.
BE IT FURTHER RESOLVED that the City Council of the City of
South San Francisco retains the right to make decisions with regard
to rate regulation that may be independent from those made by
SAMCAT. As the franchising authority for the cable systems
operated within the city of South San Francisco, the City Council
shall be responsible for acting upon any recommendations made by
SAMCAT with regard to cable system rates subject to regulation
under the law.
BE IT FURTHER RESOLVED that the City of South San Francisco
agrees to abide by all of the FCC Cable Television regulations and
shall act in a manner consistent with the procedures and conditions
established by the FCC with regard to regulations of cable
television rates, including providing the opportunity for
consideration of the views of interested parties.
BE IT FURTHER 'RESOLVED by the City Council of the City of
South San Francisco that the City shall reimburse SAMCAT for its
portion of any expenses incurred by SAMCAT, including but not
limited to expenses for consultant assistance which may be incurred
by SAMCAT as part of its acting on behalf of the City of South San
Francisco.
I hereby certify that the foregoing Resolution was regularly
introduced and adopted by the City Council of the City of South San
Francisco at a roan]ar meeting held on the 24th day of
April , 1996 ~y the following vote.
IYES:
Councilmembers Eugene R. Mullin, John R. Penna, Robert Yee
and Mayor 'Jack Drago
/ES: None
STAIN: None
;ENT
T .CBL
Councilmember Joseph A. Fernekes
ATTEST: