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1012 {~<B 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. -----~----~--~---------------------~-~---~~-~--~--~~-~-----~---~~ ----------~-----~-----~--~-------~------~---~~------~-------- 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, / ... .. .. .~. 0 rOM~y~~~Y,,2~ ATTEST: V1 .~, 1'~.. ~A~~~-'---- APPROVED AS TO FORM: t ~ C. , ~OBER~""E. :3A'IBU(" I