R-1200-9-93RESOLUTION NO. 1200-9-93(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE SUBMISSION OF FORMS TO THE FEDERAL
COMMUNICATIONS COMMISSION NECESSARY TO INITIATE RATE
REGULATION OF LOCAL CABLE FRANCHISEES.
WHEREAS, the City of Allen recognizes the need to monitor and regulate local cable franchisees; and
WHEREAS, the Federal Communication Commission ("FCC") requires local franchising authorities submit
forms certifying their authority to regulate cable services and equipment used therein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
Section 1: the City Manager shall sign and file the necessary forms with the FCC so that the City of Allen
is certified to regulate the rates charged by cable franchisees in the City of Allen for basic cable service and
equipment. The City Manager is authorized to take all steps appropriate to complete the forms, including
but not limited to: (1) affirming that the City of Allen will adopt and administer regulations consistent with
the FCC's rules governing regulation of the basic tier; (2) affirming that the City of Allen has the legal
authority to adopt regulations and the personnel to administer those regulations; (3) affirming that the
regulations adopted will provide a reasonable opportunity for consideration of the views of interested parties;
and (4) affirming that the City of Allen has reason to believe the FCC's presumption that cable systems do
not face effective competition is correct, and no reason to believe it is incorrect.
Section 2: The City Manager shall file and serve the certification forms at the FCC and upon the franchisee
as required by FCC rules. The City Manager is authorized to notify the franchisee when certification has
been granted and applicable regulations adopted. It is further authorized to take such other actions as may
be appropriate so that the City .of Allen may regulate basic service and equipment rates, and so that the City
of Allen can respond to challenges to certification. This includes the authority to make filings at the FCC
or in court on behalf of the City of Allen. The City Manager is also authorized to take all such actions for
the City of Allen individually, or jointly in conjunction with other franchising authorities.
Section 3: The City Manger is authorized to file complaints at the FCC regarding the rates charged by cable
franchisees for services and equipment associated with cable programming services. The City Manager may
take such additional steps as may be appropriate to ensure that a reasonable rate is established for cable
programming services.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 16TH DAY OF SEPTEMBER , 1993.
APPROVED:
`; � r 9e Z?-� �
doe Farmer, MAYOR
ATTEST:
Ju Mor on, CMC, CITY SECRETARY