2002-24 Cable TV Rate Regulation RequirementsORDINANCE 24-2002
• AN ORll1NANCL' OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FI,ORI DA, AMENDING SECTION 17-1, CABLE TELEVISION RATE REGULATION,
OI~ AK77CLE I OF CHAPTER 17, LICENSES AND MISCELLANEOUS BUSINESS
KHGLILA'1'IONS, OF THE CODE OF ORDINANCES OF TIIE VILLAGE OF NORTH PALM
BEACH, WHICH AMENDMENT GIVES THE VILLAGE THE OPTION RATHER THAN MAKE
MANDATORY THE PROCEDURE SET FORTH FOR EVALUATION AND HEARING IN TI IE
IiVf;NT THE FRANCHISEE DESIRES TO CHANGE CABLE TELEVISION RATES OR
CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING
FOR AN EFFECTIVE DATE.
Bli 1T ORDAINED BY THE VILLAGE COUNCIL OF NORTH FALM BEACH, FLORIDA:
Section 1. Section 17-1, Cable Television Rate Regulation, of Article I of Chapter 17, Licenses and
Miscellaneous Business Kegulations, of the Code of Ordinances of the Village is hereby amended
to read as follows:
"Section 17-1. Cable television rate regulation.
(a) Implementation. The village council does hereby implement cable television rate
regulation within the village consistent with Federal Communications Commission requirements.
(b) Kate regulation requirements.
(1) 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").
(2) 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 may 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 seventy-two (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 conclusion 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 basic elements considered in the village council's determination."
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any
• reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PI,ACIiD ON FIRST READING THIS 22nd DAY OF AUGUST, 2002.
I'I "ACI:U ON SECOND, FINAL READING AND PASSED THIS 12th DAY OF SEPTEMBER, 2002.
(Vll"I,AGE SEAL)
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A"1'"1'I;S7
VILLAGE CLERK
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