HomeMy WebLinkAboutR-93-56 RESOLUTION NO. R-95-56
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO SEEKING CERTIFICATION WITH
THE FEDERAL COMMUNICATIONS COMMISSION (F.C.C.) TO
REGULATE BASIC LEVEL SERVICE FOR CABLE TELEVISION
PROVIDERS~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR
SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Congress has enacted the 1992 Cable Television
Consumer Protection and Competition Act 9ertaining to regulations
of.cable television providers; and
WHEREAS, local franchise authorities have been granted the
right to seek certification from the Federal Communications
Commission (F.C.C.) for the purpose of regulating basic level cable
television subscriber rates; and
WHEREAS, the City of Sebastian residents are provided cable
services by Falcon Communications Systems, Inc.; and
WHEREAS, Falcon Communications Systems, Inc. are without any
effective competition in the City of Sebastian franchise area; and
WHEREAS, Falcon Communications Systems, Inc. services
approximately ~0% of the population of the City of Sebastian; and
WHEREAS, recent amendments to the Falcon Communications
Systems, Inc. billing practices has resulted in approximately 80%
of city of Sebastian customers being effected by the basic level
service rates; and
WHEREAS, the City of Sebastian, is the only authority vested
with the ability to regulate basic level service rates for citizens
within the City of Sebastian; and
WHEREAS, the City Council of the City of Sebastian desires to
protect the citizens of the City of Sebastian through rate
regulation of basic level cable services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. F.C.C. CERTIFICATION.
This City Council of the City of Sebastian hereby directs the
City Manager to file with the F.C.C. all appropriate and necessary
documentation and applications to seek certification of the City of
Sebastian to regulate cable providers basic level service rates.
Sectien ~2. CONFLICT.
All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3. SEVERABILITY.
In the event a court of competent jurisdiction shall hold or
determine that any part of this Resolution is invalid or
unconstitutional, the remainder of the Resolution shall not be
affected and it shall be presumed that the City Council of the City
of Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that the
City Council would have enacted the remainder of this Resolution
without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE.
This resolution shall take effect immediately upon its
adoption.
The foregoing Resolution was moved for adoption by Council-
member ~~~ The motion was seconded
by Councilmember ~~~~, and, upon
being put into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
The Mayor thereupon dec~are~ this Resolution duly passed and
Kathryn M. O'Halloran
CMC/AAE, City Clerk
~fe R. ~ll;/~ayor
(Seal)
Approved de'Form and Content:
Charles Ian Nash, City Attorney
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