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ORDINANCE NO. 93-33 <br />AN ORDINANCE OF INDIAN RIVER COUNTY PROVIDING <br />FOR THE REGULATION OF BASIC SERVICE TIER RATES <br />AND RELATED EQUIPMENT, INSTALLATION, AND SERVICE <br />CHARGES OF ANY CABLE TELEVISION SYSTEM <br />OPERATING IN INDIAN RIVER COUNTY <br />WHEREAS, on October 5, 1992, Congress enacted the Cable <br />Television Consumer Protection and Competition Act of 1992 which, <br />among other things, provided that the basic service tier rates, and <br />the charges for related equipment, installation, and services of a <br />cable television system shall be subject to regulation by a <br />franchising authority in accordance with regulations prescribed by <br />the Federal Communications Commission; and <br />WHEREAS, on April 1, 1993, the FCC prescribed such regulations <br />in the Report and Order, In the Matter of Implementation of Sections <br />of Cable Television Consumer Protection and Competition Act of 1992: <br />Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3, <br />1993); and <br />WHEREAS, Indian River County is a franchising authority with <br />the legal authority to adopt, and the personnel to administer, <br />regulations with respect to the basic service rates and charges of <br />any cable television system operating in the County, including, <br />without limitation, the systems currently being operated by TCI <br />Cablevision of the Treasure Coast and Falcon Cable Media <br />("the Companies") pursuant to Ordinance 82-7 (the "Franchise"); and <br />WHEREAS, the County desires to regulate the basic service rates <br />and charges of the Companies and any other cable television system <br />operating in the County and shall do so in accordance with the FCC <br />Rate Regulations, notwithstanding any different_ or inconsistent <br />provisions in the Franchise; <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY THAT: <br />1. The County will follow the FCC Rate Regulations in its <br />regulation' of the basic service rates and charges of the Companies <br />and of any7'other .cable television system operating in the County, <br />-= notwithstanding any,,_different or inconsistent proy.sions in the <br />,;. <br />Franchise. ° t`` <br />