HomeMy WebLinkAbout1993-33ORDINANCE NO. 93-33
AN ORDINANCE OF INDIAN RIVER COUNTY PROVIDING
FOR THE REGULATION OF BASIC SERVICE TIER RATES
AND RELATED EQUIPMENT, INSTALLATION, AND SERVICE
CHARGES OF ANY CABLE TELEVISION SYSTEM
OPERATING IN INDIAN RIVER COUNTY
WHEREAS, on October 5, 1992, Congress enacted the Cable
Television Consumer Protection and Competition Act of 1992 which,
among other things, provided that the basic service tier rates, and
the charges for related equipment, installation, and services of a
cable television system shall be subject to regulation by a
franchising authority in accordance with regulations prescribed by
the Federal Communications Commission; and
WHEREAS, on April 1, 1993, the FCC prescribed such regulations
in the Report and Order, In the Matter of Implementation of Sections
of Cable Television Consumer Protection and Competition Act of 1992:
Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3,
1993); and
WHEREAS, Indian River County is a franchising authority with
the legal authority to adopt, and the personnel to administer,
regulations with respect to the basic service rates and charges of
any cable television system operating in the County, including,
without limitation, the systems currently being operated by TCI
Cablevision of the Treasure Coast and Falcon Cable Media
("the Companies") pursuant to Ordinance 82-7 (the "Franchise"); and
WHEREAS, the County desires to regulate the basic service rates
and charges of the Companies and any other cable television system
operating in the County and shall do so in accordance with the FCC
Rate Regulations, notwithstanding any different_ or inconsistent
provisions in the Franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY THAT:
1. The County will follow the FCC Rate Regulations in its
regulation' of the basic service rates and charges of the Companies
and of any7'other .cable television system operating in the County,
-= notwithstanding any,,_different or inconsistent proy.sions in the
,;.
Franchise. ° t``
2. In connection with such regulation, the County will ensure
a reasonable opportunity for consideration of the views of
interested parties.
3. The County's Franchise Coordinator is authorized to
execute and file with the FCC on behalf of the County such
certification forms or other instruments as are now or may hereafter
be required by the FCC Rate Regulations to enable the County to
regulate basic service rates and charges.
4. This Ordinance shall be effective on becoming law.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida, on this day of
November 1993.
This ordinance was advertised in the Vero Beach
Press -Journal on the 21_ day of October , 1993, for
a public hearing to be held on the 9 day of
NnvPmher , 1993, and at the hearing it was moved for
adoption by Commissioner Adams and the motion was
seconded by Commissioner Eggert and, adopted by the
following vote:
Commissioner Richard N. Bird Aye
Commissioner John W. Tippin Aye
Commissioner Kenneth R. Macht Aye
...Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
' BOARD OF COUNTY COMMISSIONERS
Attest.'"mm INDIAN RIVER COUNTY, FLORIDA
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VVCC,4
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Jeffrey°Ka Xon Richard N. Bird
Clerk '
G�.� / Chairman
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All
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Acknowl<mO
14 <edgnt'by the Department of State of the State of Florida,
this ''19th..:diy of November , 1993.
Effective date: Acknowledgment for the Department of State received
on ..this .,22nd day of November 1993, at 10:00 a.m.
a.m.
, /plxx. and f iled in the Of f ice of the Clerk of the Board of
County Commissioners of Indian River County, Florida.