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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: