1001
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ORDINANCE NO. 1001 (#14-93)
AN ORDINANCE AUTHORIZING THE MAYOR AND/OR HIS AUTHORIZED
A G :~ T TO F I _ E FCC = 0 ~ vt 328 J ~ : Q U~ S T I ~ G C~ R - - I : I CAT I O~ 0= A
F~A~CHISING AUTHORITY TO REGULATE BASIC CABL~ S~RVICE RATES
A~D MAKI~G AN I~ITIAL FI-~DI~G 0: LACK OF ~FFECTIV:
COMPETITION.! WITH THE FEDERAL COMMUNICATIONS COMMISSION;
DECLARING AN EMERGENCY; ANDJ FOR OTHER PURPOSES.
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---~~----------------~-----~-----------~----~----~~--~-~-~-~~
WHEREAS.! THE CITY .oF JACKSONVILLE.! ARKANSASJ HAS ENTERED
INTO A FRANCHISE AGREEMENT WITH STORER CABLE COMPANY TO
PROVIDE CABLE TELEVISION SERVICE TO THE PEOPLE OF THE CITY OF
JACKSONVILLE; ARKANSAS; AND;
W- :R:ASJ THE CONGRESS OF THE UNI1'ED STATES PASSED THE
HCABLE TELEVISION CONSUMER JROTECTION AND COMPETITION ACT OF
1992H.! WHICH BECAME LAW DESPITE PRESIDENT BUSH'S VETO;
W~E~EASJ THE FEDERAL COMMUNICATIONS COMMISSION (FCC) HAS
ADOPTED CERT A I N RULES AND REGULA T IONS GOVERN I NG LOCAL CABLE
TELEVISION COMPANiES IN WHICH AUTHORITY TO REGULATE THE BASIC
TIER OF RATES FOR CABLE TELEVISION SERVICE HAS BEEN DELEGATED
TO LOCAL FRANCHISING AUTHORITIES (I.E., THE CITY COUNCIL OF
THE CITY OF JACKSONVILLE/ ARKANSAS); ANDJ
WHEREASJ THE FCC HAS FROZEN LOCAL CABLE TELEVISION
RATES UNTIL NOVEMBER 15/ 1993J AND OUR CITY HAS THE
OPPORTUNITY TO SEEK CERTIFICATION FOR REGULATION OF LOCAL
CABLE TELEVISION BASIC TIER SERVICES TO BE EFFECTIVE THIRTY
(30) DAYS AFTER THE =CC IS IN RECEIPT OF OUR COMPLETED =ORM
328. SUCH ACTION COULD" IN CERTAIN AND GIVEN CIRCUMSTANCES"
EFFECT CABLE TELEVISION RATES ASSESSED BY STORER CABLE FROM
SEPTEMBER 30/ 1992/ FORWARD (UP TO A tv1AX I MUM OF ONE YEAR) /
REQUIRING A POSSIBLE REFUND OF THOSE RATES DEEMED EXCESSIVE.
~OWJ ---~~~:OREJ BE IT ORDAIN~D BY TH~ C:ITY COU~CIL 0:
THE CITY OF JACKSONVILLE/ ARKANSASJ THAT:
SECTION ONE: THE ~A YOR AND/OR HIS AUTHOR I ZED At;ENT IS
HEREBY AUTHORIZED AND DIRECTED TO FILE FCC=ORM 328 IN T'HE
APPROPRIATE MANNER WITH THE FEDERAL COMMUNICATIONS
COMMISSION. SAID DOCUMENT SHALL BE FORWARDED TO THE FCC AS
SOON AS PRACTICAL/ WITH A COpy OF SAID FORM FORWARDED TO THE
LOCAL CABLE OPERATORJ STORER CABLE COMPANY.
SECTION TWO: ANY ORDINANCE OR RESOLUTION OR PARTS
THEREOF IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE
EXTENT OF SUCH CONFLICT.
SECTION THREE: IN THE EVENT ANY PORTION OF THIS
ORD I NANCE OR THE AMENDMENTS ADOPTE'D HERE I N I S DECL.ARED OR
ADJUDGED TO BE INVALID OR UNCONSTITUTIONAL, SUCH DECLARATION
SHALL NOT AFFECT THE REMAINING PORTIONS OF'THIS ORDINANCE OR
AMENDMENTS HERE I N ADOPTED. SUCH AMENDlv1EN1-S SHALL REMA I N IN
FULL FORCE AND EFFECT AS IF THE PORTION SO DECLARED INVALID
OR UNCONSTITUTIONAL WAS NOT ORIGINALLY A PART OF THIS
ORDINANCE.
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ORDINANCE No. 1001 (#14 - 93)
SEPTEMBER _~'-~el~-, 1993
PAGE Two
SECTION FOUR: THE NEED FOR AN IMMEDIATE REGULATION AND
CON'TROL OVER LOCAL BAS I C CABLE TELEV I S ION SER\l I CE RATES IS
NECESSARY TO PRESERVE THE PUBLIC HEALTHJ SAFETY AND WELFARE.
THEREFOREJ AN EMERGENCY IS HEREBY DECLARED TO EXIST; AND THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS DATE OF PASSAGE.
APPROVED AND ADOPTED THIS ~~i. DAY OF SEPTEMBERJ 1993,
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