CC Resolution No. 1188 2297
RESOLUTION NO. 1188
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE FCC FORM 328, CERTIFICATION OF FRANCHISING
AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND
INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the cable television system in the City of Baytown is
not subject to effective competition; and
WHEREAS, the Cable Television Consumer Protection and
Competition Act permits the City of Baytown, a local franchising
authority, to regulate rates for basic cable service provided over
a cable system to reduce the average subscriber rates and to
protect against unreasonable rates and rate increases; and
WHEREAS, the City of Baytown desires to regulate rates in
order that its citizens will not be subject to unreasonable rates
and rate increases of a cable system; and
WHEREAS, the City of Baytown must be certified by the FCC to
regulate the basic service tier and associate equipment of a cable
system within its jurisdiction in order for its citizens to enjoy
all the benefits of the FCC regulation; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby
authorizes and directs the Mayor to execute FCC Form 328,
Certification of Franchising Authority to Regulate Basic Cable
Service Rates and Initial Finding of Lack of Effective Competition.
A copy of said form is attached hereto, marked Exhibit "A" and made
a part hereof for all intents and purposes.
Section 2 : This Resolution shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this 14th day of October,
1993 .
PETE C. ALPARO, Mayor
ATTEST:
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?511CI0 RAMIREZ, SRO , City Attorney
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Walla , O.C. 20554 FCC 328 For FCC Use Only
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
1 Name of Franchising Authority 3. Will your franchising authority adopt ®Yes ❑No
CITY OF BAYTOWN (within 120 days of certification) and
Mailing Address administer regulations with respect to
P. BOX 42 basic cable service that are consistent
City P.
ZIP Code with the regulations adopted by the FCC
BAYTOWN TX 77522-0424 pursuant to 47 U.S.C.Section 543(b)1
Telephone No.(include area code):
713/422-8281 4. With respect to the franchising authority's regulations referred
r,n contact with respect to this form: to in Question 3,
®Yes No
IGNACIO RAMIREZ, SR. , CITY ATTORNEY a, Does your franchising authority have
the legal authority to adopt themt
®Yes No
2.a. Name(s)and address(es)of cable system(s)and associated FCC community b. Does your franchising authority have
unit identifier within your jurisdiction. (Attach additional sheets if necessary.) the personnel to administer them(
Cable Systems Name Yes. A_X S 1 El Np
TCI CABLEVISION OF TEXAS-
S. Do the procedural laws and regulations
Mailing A dr s applicable to rate regulation proceedings
�drT BOX 1218, 5623 BARKAL00 ROAD by your franchising authority provide a
City. State ZIP Code reasonable opportunity for consideration
BAYTOWN TX 77521 of the views of interested partiest
Cabs!Systems FCC Community Unit Identifier: TX0310 ElYes ❑No
S. The Commission presumes that the sable
system(s) listed in 2.b.is (are)not subject
to effective competition. Based on the
Cable Systems Name STAR CABLE ASSOCIATES definition below, do you have reason to
believe that this presumption is correct(
Mailing Address
P. 0. DRAWER 1570 (Effective competition means that(a)fewer than 30 percent of the
City. I State ZIP Code households in the franchise area subscribe to the cable service of a
BRAZORIA JTX 1 77422 cable system; (b) the franchise area is (i) served by at least two
unaffiliated multichannel video programming distributors each of
Cable System's FCC Community Unit Identifier:T1453 which offers comparable video programming to at least 50 percent
of the households in the franchise area; and 00 the number of
households subscribing to programming services offered by
2. b. Name ts) of system(s) and associated community unit identifier(s) you multichannel video programming distributors other than the largest
claim are subject to regulation and with respect to which you are filing this multichannel video programming distributor exceeds 15 percent of
certification. (Attach additional sheets if necessary.) the households in the franchise area; or (c) a multichannel video
rT77
of Stem Community Unit programming distributor operated by the franchising authority for
CrABLEVISION OF TEXAS, TN ,Identifier that franchise area offers video programming to at least So percent
TX0310 of the households in that franchise area.)
Signature
Name of System Community Unil
Iom grX 1453 ��/
STAR CABLE ASSOCIATES
Title
Mayor, City of Baytown
2.c. Have you served a copy of this form on all parties ®yes 0No Date 10/15/93
listed in 2.b.1
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S.CODE
TITLE 18,SECTION 1001).
Return the original and one copy of this certification form(as
indicated in Instructions),along with any attachments,to:
Federal Communications Commission
Attn: Cable Franchising Authority Certification
P.O.Box 18539
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INSTRUCTIONS FOR FCC 328
FRANCHISING AUTHORITY CERTIFICATION
I. The Cable Teleyulsm Consumer Protection and Competition Act, Question 4(b): The franchising authority must have a sufficient
enacted in Cooper 1992, changes the manner in which cable number of personnel to unaenake Sate regulation.
television systems mat are not subject to effective competition are
regulated. In general,rates for the bash Service tier(the tier required A franchise authority unable to answer"yes'to questions 4(a)or 4(b)
as a condition of access to all other video services and containing, may wish to review the FCC's Region&D;LOrder in Docket 92-266
among other services, local broadcast station signals and public, FCC 93-177 (released May 3, 19931 for further Information on me
educational, and public access channels)and associated equipment establishment of alternative federal regulatory procedures.
will be subject to regulation by local or state governments
('franchising authorities'). Rates for cable programming services and 9. Question 5:Franchising authorities must have procedural regulations
associated equipment tall services except basic and pay channels)will allowing for public participation in rate regulation proceedings. If a
be subject to regulation by the FCC Rates for pay channels franchising authority does not have these regulations already in place,
(channels for winch there is a specific per-channel or per-program it must adopt them within 120 days of cem(ication and before it may
charge)are not regulated. undertake rate regulation.
2. Only cable systems that are not subject to effective competition may 10. Question 6: Most cable systems are Opt subject to effective
be regulated. E;:ec ive competition means that (a) fewer than 30 competition,as defined by the Cable Act. (The definition is included
percent of the households in the franchise area subscribe to the cable above and on the form.) The franchising authority may Drenlme that
service of a Cable system;Ib)the franchise area is If served by at least the cable system in its jurisdiction is not subject to effective
two unaffiliated multichannel video programming distributors each of competition.
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and fill the number of For purposes of applying the definition of effective competition (see
households s,cschbmg to orogrammmg services offered by Item 2 above),"multichannel video programming distributors'include
multichannel vlceo programming distributors other than the largest a cable operator, a multichannel mutlmomt distribution service, a
multichannel vfeeo programming distributor exceeds 15 percent of direct broadcast satellite service, a television recerveoniv saieflite
the housenolds In the franchise area; or (c) a multichannel video program distributor, a video dialtone service, and a satellite master
programming distributor operated by the franchising authority for that antenna television system. A multichannel video programming
franchise area offers video programming to at least 50 percent of the distributor's services will be deemed 'offered' when they are both
households in Inat franchise area. technically and actually available. Service is "technically available'
when the multichannel distributor is physically able to deliver the
3. In order to regulate basic service tier rates, a franchising authority service to a household wishing to subscribe, with only minimal
must be crtmhe^ oy the FCC. In order to be certified, a franchising additional investment by the distributor. A service is 'actually
authority must Complete this form. An original and one copy of the available' if subscribers in the franchise area are reasonably aware
completed form and all attachments must be returned to the FCC through marketing efforts that the service is available. Subscribership
by registered mail, return receipt requested, to the FCC at the of those multichannel video programming distributors offering service
address on the form, to at least 50 percent of the households in a franchise area will be
aggregated to determine whether at least 15 percent of the
4. A copy of the form must be served on the cable operator by first-class households in the franchise area are served by competitors. A
mail on or before the date the form is sent or delivered to the FCC. multichannel video programming distributor must offer at least 12
channels of programming, at least one channel of which is
5. The franchising authority's certification will become effective TO days nonbroadcast,to be found to offer"comparable'video programming.
fitaLthe date sta—led un- 1�nnifal_return rereim unless otherwise
notified by the Commission by that date. The franchising authority 11. This certification form must be signed by a government official with
cannot begin to reeulate rates. however,until it has actually adopted authority to act on behalf of the franchising authority.
the required reguations(see below)arid until it has notified the cable
operator that it has peen certified and that it has adopted the required
regulations.
FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK
6. In order to be certified, franchising authorities must answer 'yes' to REDUCEION ACT
Questions 3, 4, and 5, which are explained as follows: The sokitation of personal information in this form n aulhorve l by the Communication,An of
1934,as amended. The Commnison will use the information powee i in Inn Form to determine
t
7. Question 3: The franchising authority must adopt rate regulations ' the banmtse amhords, should be aulhoeaee sit regulate cable raln In reasoning slot
consistent Wlln the Commission's regulations for basic cable service. determmanpn, of for law enforcement purposes. if may become nece an,Id we,renoMl
To fUlhll this requirement for certification, the franchising authority InIormanm contained in .this form to another government26sou All information gorged in lots
fonts wdl be awhable lot public inspection. Your rnoonse n recollect to obtain the wduesno
may simply adcot a regulation indicating that it will follow the aumotdy.
regulations estamisned by the FCC.
Public reporting burden for this collection of information is esumalyd 10 average 30 minutes.
The franchising a-mority has 120 days to adopt these regulations 'ndodfng the time for reviewing msuuctmns watching existing data sources, pinerag and
maintaining Ine data needed,and completing am reviewing the collection of nfo(n1ahOIL Sew
after the time it s certified. The franchising authority may not, comments rrgammg this burden esumam or any other asoen of this collectors of mlarmauon,
however, begin to regulate cable rates until after it has adopted these noudmgsuggnbdns for reducing the burden,mme Federal Cabmunfcauons Co nnu nin.Records
regulations and until it has notified the cable Opefal0r that it has been Aanagemem Orviuon,AMC-PIRS.Wadungmn.O.C. 20554,and to the Office pf Management
certified and has acapied the required regulations. and Budget.Pafaerwon Reduction Proles 006MS501,Washinal O.C. 20503.
THE FOREGOING NOTICE 15 REQUIRED BY DIE PRIVACY ACE OF 1974, P.L. 93 EYE.
8. Question 4(a):The franchising authority's'legal authority'to regulate DECEMBER 31, 1975.S U.S.C.523atex3l AND THE PAPERWORK REDUCTION ACT Of 19110.
basic servtce must come from state law. In some states only The P 1.96511,DECEMBER 11, 1950,44 U.S.C.3507.
slate enve%nmenr ^ay reeulate rabl rates In those states, the state
government should file this certification. Provisions in franchise
agreements that cronibit rate regulation are Yalic, and do not prevent
a franchising aumonry from regulating the basic service tier and
associated edulornent.