Ordinance 213ORDINANCE NO. 213
AN ORDINANCE GOVERNING THE PROCEDURES AND
STANDARDS FOR THE REGULATION OF CABLE
TELEVISION RATES PURSUANT TO THE RULES OF
THE FEDERAL COMMUNICATIONS COMMISSION AND
THE CABLE TELEVISION CONSUMER PROTECTION
AND COMPETITION ACT OF 1992
The City Council of the City of Chanhassen ordains as follows:
SECTION 1. Background and Purpose.
A. On the 11th day of July , 19 94 , the
City of Chanhassen, Minnesota ("City") passed
a:.CA' adopted Ordinance No. 213 granting
to Triax Cablevision ("Grantee") the nonexclusive
right to construct, own, and operate a cable
television system in the City.
B. The Cable Television Consumer Protection and
Competition Act of 1992 ("1992 Cable Act") was
enacted on October 5, 1992, and became
effective on December 4, 1992. The 1992 Cable
Act amends the Cable Communications Policy Act
• of 1984 and, in particular, Section 623 (47
U.S.C. 543) governing the regulation of rates
charged by cable television operators.
C. On April 1, 1993, the Federal Communications
Commission ("FCC") adopted rate regulations
pursuant to the 1992 Cable Act. These FCC
rate regulations were released May 3, 1993,
and became effective September 1, 1993. In
addition, on February 22, 1994, the FCC
adopted additional rate regulations .pursuant
to the 1992 Cable Act. These additional rate
regulations were released March 30, 1994, and
became effective May 15, 1994.
D. Pursuant to 47 C.F.R. Part 76, Subpart N,
Section 76.910, on the 11th day of May
1994, the City submitted FCC
Form 328--Certification for Local Franchising
Authorities --to the FCC via Registered Mail,
Return Receipt Requested. Pursuant to
Section 76.910, the date on the return
receipt, -May 17 1994 is to be
considered the date filed. A copy of FCC
Form 328 was also served on Grantee
• on May 11 , 199:4, the same day it was
filed with the FCC.
E. Pursuant to Section 76.910, the City's
certification becomes effective 30 days after
• the date filed.
F. In adopting this Ordinance, the City reviewed
applicable FCC regulations governing the basic
service tier and provided a reasonable
opportunity for consideration of the views of
interested parties.
G. This Ordinance will govern the procedures to
be undertaken by the City for the regulation
of Grantee's cable television rates pursuant
to the 1992 Cable Act and the regulations of
the FCC.
SECTION 2. Full Regulatory Power Reserved.
All rates and charges for basic cable service and
any other cable programming services, as defined by
the 1992 Cable Act and applicable FCC regulations,
shall, to the extent permissible, be subject to
regulation by the City in a manner provided by this
Ordinance. This Ordinance shall apply to all cable
television system operators in the City. The
Grantee and/or any other operator of a cable
television system operating in the City shall be
subject to the rate regulation provisions provided
• for herein, and those of the FCC at 47 C.F.R., Part
76, Subpart N.
The City reserves the right to amend this Ordinance
from time to time consistent with the requirements
of the FCC, and state and federal law.
SECTION 3. Procedures For Implementing Regulation of Basic
Cable Service.
A. The City hereby adopts and shall follow the
rules relating to cable rate regulation
promulgated by the FCC at 47 C.F.R., Part 76,
Subpart N.
B. Upon adoption of this Ordinance, a City
representative will send to Grantee and each
operator of a cable television system in the
City, via Certified Mail, Return Receipt
Requested, a written notice, which shall
include a copy of this Ordinance and the
completed FCC Form 328.
C. Within thirty (30) days after receipt of the
notice referenced in Section 3.B., Grantee and
• any other cable television operator shall have
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thirty (30) days to respond with rate and
benchmark information utilizing applicable FCC
• Forms.
1. If the initial rates and/or any
subsequent rate increases are within the
FCC standards, as determined by the City,
the rates will be effective thirty (30)
days after submission.
2. If the City is unable to determine
whether the proposed rates are within the
FCC's standards, based on the material
before it, or if the Grantee or any other
cable operator has submitted a cost -of -
service showing seeking to justify a rate
above the FCC's reasonable rate level,
the City may take an additional period of
time to make a final determination and
toll the effective date of the proposed
rates for a commensurate period.
a. The City may take an additional 90
days if it needs more time to ensure
that a rate is within the FCC's rate
standards.
• b. The City may take an additional 150
days to evaluate a cost -of -service
showing seeking to justify a rate
above the reasonable rate level.
C. The City must issue a brief written
decision regarding its invocation of
the additional time period.
3. If no action is taken within the above
referenced time periods, the ..proposed
rates will go into effect, subject to
subsequent refund orders if the City
later issues a decision disapproving any
portion of the proposed rates.
4. In all cases, the City will issue a
written decision to approve the rate
schedule, disapprove the rate schedule or
continue for review.
5. If rates are in excess of the FCC's
standards, the rates may be reduced by
the City pursuant to applicable FCC
regulations.
• D. After the initial rate schedule procedures are
followed, as described in this Section,
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�.I
•
Grantee and/or any other cable operator shall,
in conjunction with each change in the rates
and charges applicable to basic cable service,
conform to the standards of the FCC. Before
any rate change is effective, Grantee and/or
any other cable operator shall notify the City
of its requested rate change by giving the
City thirty (30) days' advance written notice
before the change is effective and by
providing the City with its rates and
applicable information pursuant to FCC
regulations.
E. To the extent specifically permitted by
federal law and applicable FCC rules, Grantee
and/or any other cable operator shall be
permitted to appeal to the FCC for a review of
the decision of the City.
SECTION 4. Consultant.
The City may utilize a rate consultant to advise it
on proposed rate changes and to assist it in the
procedures and the standards for review adopted by
the FCC. A rate consultant may be any person who
has sufficient background and experience, in the
sole opinion of the City, to properly evaluate and
analyze rates and charges.
SECTION 5. Application of the Requirements in this Ordinance.
The requirements described in this Ordinance are
applicable to the Grantee and all operators of
cable television systems within the City subject to
rate regulation according to the 1992 Cable Act and
applicable FCC rules.
PASSED AND ADOPTED THIS 11th
Attest:
D n worth, y Clerk/Manager
904Z140
DAY OF July 1994.
Byr
onald J . nt ayor
(Summary Ordinance published in the Chanhassen Villager on July 21, 1994.)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO.213
SUMMARY ORDINANCE
GOVERNING THE PROCEDURES
AND STANDARDS FOR THE
REGULATION OF CABLE
TELEVISION RATES PURSUANT
TO THE RULES OF THE FEDERAL
COMMUNICATIONS COMIVIISSION
AND THE CABLE TELEVISION
CONSUMER PROTECTION AND
COMPETITION ACT OF 1992
On July 11, 1994, the Chanhassen
City Council adopted an ordinance grant-
ing to Triax Cablevision the nonexclusive
right to construct, own, and operate a
cable television system in the city. This
ordinance will govern the procedures to
be undertaken by the city for the regula-
tion of cable television rates and other
aspects of the cable television franchise
pursuant to the regulations of the FCC. A
copy of the entire ordinance is available
for inspection at City Hall.
This ordinance shall take effect upon
its passage and publication.
Don Ashworth
City Manager
(Published in the Chanhassen Villager
on Thursday, July 21, 1994; No. 2210)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
(A) This newspaper has complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and ' e of type used in the composite
and publication of the Notice:
abcdefghijklmnopgrs
Subscribed and sworn before me on
thisz2 day of , 1994
otary Public
By:
tan IWsrud, Ge?l'eral Manager
:• F"' "'::•. GWEN M. RADUENZ
,� NOTARY PUBLIC - MINNESOTA
' SCO T T COUNTY
.1 �.. My Com,'P*s on Exp res Feb. 24,1999
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.. $8.00 per column inch
Maximum rate allowed by law for the above matter...................................$8.00 per column inch
Rate actually charged for the above matter......... $6.89 per column inch