HomeMy WebLinkAboutResolution 1995-023
RESOLUTION NO. 95-23
A RESOLUTION REQUESTING CONGRESSIONAL REPRESENTATIVES
TO ASSIST CITIES IN THEIR EFFORTS TO OBTAIN INFORMATION AND
FAIRNESS FROM THE FCC IN THE REGULATION OF CABLE TELEVISION
RATES UNDER THE CABLE TELEVISION CONSUMER PROTECTION
AND COMPETITION ACT OF 1992.
WHEREAS, Congress, by adopting the Cable Television Consumer Protection
and Competition Act of 1992, and the FCC, through its regulations, have placed the
responsibility for regulating basic cable rates on local franchising authorities subject to
rules of extreme complexity; and
WHEREAS, even larger cities are unable to adequately administer the rate
regulation process without the assistance of expensive outside expertise; and
WHEREAS, the FCC has not provided relevant and important information to
franchising authorities which have become certified under the Act, but readily
communicates with the cable operators; and
WHEREAS, the FCC continually changes the rules without notifying certified
franchising authorities of either its consideration of changes or the fact that changes
have been made (Case in point: Ninth Order on Reconsideration. No notice of
hearings on, or issuance of, this order was provided to franchising authorities.); and
WHEREAS, changes in rules are sometimes made in private letters to
individual cable operators (Case in point: Letter dated February 28, 1995, to Eric
Breisach, extending by 30 days the deadline for all cable operators to file Form 1205.);
and
WHEREAS, for the most part the changes the FCC makes to the rules are
favorable to the cable operators, relieving them of responsibilities, allowing them to
increase rates, or extending them more time; and
WHEREAS, Sammons Communications, Inc. has ignored the process
established by the rules, refused to acknowledge that nine cities in it system in Tarrant
County have formed a consortium to cooperate in rate regulation, ignored requests for
information from these cities, ignored the findings of cities that rates should be lowered,
and refunds should be issued, but has to the contrary raised its rates on two occasions;
and
WHEREAS, the FCC has refused to order Sammons Communications, Inc.
to make refunds after determining that its rates for its expanded tier were too high; and
WHEREAS, this intolerable situation has created frustration among city council
members and widespread cynicism among citizens as to the intent of both Congress
and the FCC and as to the power and influence of the cable operators; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS:
SECTION 1. The city council requests that the Congressional
representatives from this area investigate the current situation with cable rate
regulation and work to assure that:
(a) certified cities are notified of rules changes and hearings on rules
changes;
(b) rules changes are made in a public manner rather in private letters;
(c) cable operators are required to demonstrate that they are entitled to a
claimed exemption, waiver, or classification that allows them to increase
rates without following rate increase procedures; and
(d) the FCC provides information and assistance to franchising authorities.
SECTION 2. The Mayor shall forward a copy of this resolution with a
personal letter to all of the area Congressional representatives.
SECTION 3. This resolution shall take effect from and after its passage,
and it is so resolved.
ATTEST:
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