1994-01 Cable TV Rate Regulation
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ORDINANCE N0.1-94
AN ORDINANCE OF THE VILLAGE OF NORTH
PALM BEACH FLORIDA, IMPLEMENTING
CABLE TELEVISION RATE REGULATION
WITHIN THE VILLAGE CONSISTENT WITH
FEDERAL COMMUNICATIONS COMMISSION
REQUIREMENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village!of North
' Palm Beach Florida, does hereby implement cable television rate
regulation within the Village consistent with Federal
Communications Commission requirements.
Section 2. Rate Regulation Requirements
A. Any rate or charge established for cable
television service, equipment, repair and installation shall be
reasonable to the public. In determining whether a rate or charge
is reasonable, the Village shall apply the cable television rate
regulation criteria established by the Federal Communications
Commission ("FCC").
B. Should a Franchisee desire to change any
rate or charge, it shall submit a written proposal for the amounts
and effective date of such change to the Mayor and Council who
' shall instruct staff to evaluate the proposal in a manner
consistent with FCC cable television rate regulation standards and
' report this evaluation to the Village Council. The staff report
shall be placed before the Village Council at a duly noticed public
hearing. The Village will provide written notice of the public
hearing to the Franchisee no later than 72 hours prior to the
public hearing. The Village may require the Franchisee to notify
each subscriber, in writing and/or via the cable system, of the
proposed rate change and the date and time of the public hearing.
At such hearing, the cable operator and members of the public will
be given an opportunity to present their respective views on the
proposed rates. Upon conclusio» of the public hearing, the Village
Commission shall decide the matter by majority vote and adopt a
Resolution approving, disapproving or modifying the proposed rate
changes and providing such further relief as is appropriate and
' authorized by FCC rate regulation standards. The resolution shall
set forth complete findings of fact and conclusions regarding all
of the basis elements considered in the Village Council's
determination.
Section 3. If any section, clause, sentence or phrase of
this Ordinance shall be held to be invalid or unconstitutional by
any court of competent jurisdiction, such holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 5. This Ordinance shall take effect immediately
upon passage.
' PLACED ON FIRST READING THIS
9th DAY OF December 1993.
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II
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PLACED ON SECOND, FINAL READING AND PASSED THI3 13th DAY OF
January 1994 ,
~~- i~! i~~5~ ~-j . /~' .
MAYOR
(VILLAGE SEAL)
ATTEST:
' `~ / ` VILLAGE CLERK
PASSED AND ADOPTED THIS 13th. DAY OF January 1994
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