1012
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O~DI~A~C~ ~O. 1012 (#25-93)
AN ORDINANC:E TO P~OVID: FO~ --HE R:Gl_ATION OF BASIC SE~VICE
TIER RATES AND RELATED EQUIPMENT INSTALLATION AND SERVICE
CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY
0: JACKSO~V~~L_E-, A~<A~SAS; DECLARING AN EMERGENC'Y; AND.! FOR
GTiER PURPOSES.
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WF:iEAS-, THE CITY OF JACKSONV I LLE" ARKANSAS.! (HERE I NAFTER"
THE "CITY") IS A FRANCHISING AUTHORITY Wll'H LEGAL AUTHORll-Y
TO ADOPT AND THE PERSONNEL TO ADMINISTER REGULATIONS WITH
RESPECT TO THE BASIC SERVICE RATES AND CHARGES OF ANY CABLE
TELEVISION SYSTEM OPERATING WITHIN THE CITY.! TO INCLUDE.!
WITHOUT L I M I l~A T I ON J THE SYSTEM CURREN.fL Y BE I NG OPERA-rED BY
STORER CABLE COMPANY (HERE I NAFTERJ THE II COMPANY II ) J PURSUANT
TO JACKSONV I LLE RESOLUT ION No. 332 AND ORD I NANCE No. 270;
AND.!
4~~q~AS" THE CITY DESIRES TO REGULATE THE BASIC SERVICE ~ATES
AND CHARGES OF THE COMPANY AND ANY OTHER CABLE -rELEV I S ION
SYSTEM OPERATING IN THE CITY AND SHALL DO SO IN ACCORDANCE
WITH THE :CC RATE ~EGULATIONSJ NOTWITHSTANDING ANY DIFFERENT
OR INCONSISTENT PROVISIONS IN SAID FRANCHISE ORDINANCE.
~ow J TH ~~~ =0 ~::,J B ~ IT 0 ~DA I ~:D BY T'1~ C I TV COU~C I _ 0=
T~~ CITY 0= JAC<SONVILL~J A~(ANSAS.! T~AT:
S~CTIO~ ON~: THE CITY OF JACKSONVILLE" ARKANSASJ WILL FOLLOW
:cc ~ATE ~EGULATIONS IN ITS REGULATION OF THE BASIC SERVICE
RATES AND CHARGES OF STORER CABLE COMPANY AND ANY OTHER CABLE
TELEVISION SYSTEM OPERATING IN THE CITY.! NOW OR IN THE
FUTURE1 NOTWITHSTANDING ANY DIFFERENT OR INCONSISTENT
PROVISION IN THE FRANCHISE ORDINANCE.
SECTION TWO~ IN CONNECTION WITH SUCH REGULATION; THE CITY OF
JACKSONVILLE WILL INSURE A REASONABLE OPPORTUNITY FOR
CONSIDERATION OF THE VIEWS OF INTERESTED PARTIES,
S~CTIO-~ T- ~E~: THE ~AYOR AND/OR HIS AUTHORIZED DESIGNEE IS
HEREBY AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY AND FILE
WITH THE =CC SUCH CERTIFICATION FORMS OR OTHER INSTRUMENTS AS
ARE NOW OR HEREAFTER REQUIRED BY THE FCC RATE REGULATIONS IN
ORDER TO ENABLE THE CITY TO REGULATE BASIC SERVICE ~ATES AND
CHARGES.
SECTIO-~ FOUR~ THE CITY MAY J IF SO DESIRED.! U1"ILIZE A RATE
CONSULTANT TO ADVISE ON PROPOSED RATE CHANGES AND TO ASSIST
IN THE PROCEDURES AND THE STANDARDS FOR REVIEW ADOPTED BY THE
=CC. A RATE CONSULTANT MAY BE ANY PERSON WHO HAS SUFFICIENT
BACKGROUND AND EXPER I ENCE.I I N THE OP I N ION OF <THE C I 1'Y J l~O
PROPERLY EVALUATE AND ANALYZE RATES AND CHARGES.
ALL COSTS FOR THE REVIEW OF INITIAL RATES OR RATE
CHANGES SHALL BE PAID BY THE CABLE OPERATOR UPON DEMAND OF
THE CITY I UNLESS CONTRARY TO APPL I CABLE RULES OF THE FCC
GOVERNING THESE PROCEDURES OR UNLESS OTHERWISE SPECIFICALLY
PREEMPTED BY STATE OR FEDERAL LAW. THE COSTS SHALL INCLUDE/
BUT NOT ~E LIMITED TO/ CHARGES ASSESSED BY RATE CONSULTANTS/
ATTORNEY S FEES.I AND THE REASONABLE V ALUE OF SERVICES (AS
DETERMINED BY THE CITY) RENDERED BY THE CITY AND/OR ANY CITY
EMPLOYEE(S)I AGENT(S)J OR REPRESENTATIVE(S).
SECTIO~ FIV:~ ANY ORDINANCE OR RESOLUTION OR PAR1-S THEREOF
IN CONFLICT HEREWI'TH ARE HEREBY REPEALED TO l"HE EXTEN"r OF
SUCH CONFLICT.
~g
ORDINANCE NOiL 1012 (#25-93)
~OVEMBER _4' rl'J 1993
PAGE l-wo '
S~CTIO~ SIX: IN THE EVENT ANY PORTION OF THIS ORDINANCE OR
THE AMENDMENTS ADOPTED HEREIN IS DECLARED OR ADJUDGED TO BE
INVALID OR UNCONSTITUTIONAL, SUCH DECLARATION SHALL NOT
AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE OR AMENDMENTS
HERE I N AL)OPTED. SUCH AMENDMENTS SHALL REMA I N I N FULL FORCE
AND EFFECT AS IF THE PORTION SO DECLARED INVALID OR
UNCONSTITUTIONAL WAS NOT ORIGINALLY A PART OF THIS ORDINANCE.
SECTION SEVEN: THE NEED FOR AN Itv1MEDIATE REGULA'TION AND
CONTROL elVER LOCAL BASIC CABLE TELEV I S ION SERV I CER.A TES IS
NECESSARY TO PRESERVE THE PUBLIC HEALTH, SAFETY AND WELFARE,
FOR THE RATES HAVE BEEN FROZEN UNTIL ~OVEMBER 15J 1993. IT
IS FURTHER REQUIRED THAT THE CABLE OPERATOR FILE A FORM 393
WITH I N TH I RTY (30) DAYS. --HEREFORE.I AN EMERGENCY I S HEREBY
DECLARED TO EXISTJ AND THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT FROM AND AFTER ITS DATE OF PASSAGE.
APPROVED AND ADOJT:D T-lIS 4'-111 DAY OF ~OV:MBE~" 1993,
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ATTEST:
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APPROVED AS TO FORM:
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