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Resolution 7770006.080.003 MXA /are /srf 08/10/93 RESOLUTION NO. 777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO CABLE TELEVISION, AUTHORIZING THE COMMUNITY SERVICES DIRECTOR TO FILE ON BEHALF OF THE CITY OF EDMONDS A WRITTEN CERTIFICATION WITH THE FEDERAL COMMUNICATIONS COMMISSION PURSUANT TO THE CABLE TELEVISION CONSUMER PROTECTION AND COMPETITION ACT OF 1992 TO ENABLE THE CITY OF EDMONDS TO EXERCISE RATE REGULATORY AUTHORITY UNDER THE CABLE ACT OF 1992. WHEREAS, the Cable Television Consumer Protection and Competition Act of 1992 (hereinafter "Cable Act of 199211) provides that the rates of cable television systems not subject to effective competition shall be subject to regulation by the Federal Communications Commission (hereinafter "FCC ") or by a local franchising authority certified by the FCC to the extent authorized by the Cable Act of 1992; and WHEREAS, on April_ 1, 1993, the FCC adopted rate regulations for cable systems, and froze for 120 days all cable rates in effect on April 5, 1993; and WHEREAS, the purpose of the FCC rate freeze was to allow sufficient time for franchising authorities to become certified to regulate basic service rates, and for consumers and franchising authorities to be able to file complaints to invoke FCC oversight of rates for cable programming services as defined by the Cable Act of 1992; and 53917.1 -1- WHEREAS, under the Cable Act of 1992 it is the intent and expectation of Congress and the FCC that local franchising authorities accept and administer their rate regulatory responsibilities under the provisions of the Cable Act of 1992 on behalf of consumers; and WHEREAS, the City of Edmonds (hereinafter "City ") is a local franchising authority within the meaning of the Cable Act of 1992; and WHEREAS, the City will adopt and administer rate regulation rules which accord with FCC rules and regulations, as required by the Cable Act of 1992, the City, under state law and its legal authority to adopt, and the personnel to administer, such rules and regulations; and will ensure that all procedures in rate regulation matters provide a reasonable opportunity for consideration of the views of interested parties; and WHEREAS, the cable television system franchised by the City of Edmonds is not subject to effective competition within the meaning of the Cable Act of 1992; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Edmonds City Council authorizes the Community services Director to file on behalf of the City of Edmonds a written certification with the Federal Communications Commission that the City of Edmonds: A. Will adopt and administer rate regulation rules which accord with FCC rules and regulations; 53917.1 -2- B. Has the legal authority to adopt, and the personnel to administer, such rules and regulations; and C. Will ensure that all procedures in rate regulation proceedings will provide a reasonable opportunity for consideration of the views of interested parties. Section 2. A copy of the written certification prepared by the Community Services Director shall be provided to the City Council upon filing with the FCC. RESOLVED this 17thday of August , 1993. APPROVED: ATTEST /AUTHENTICATED: •��, WIN;= FILED WITH THE CITY CLERK: August 12, 1993 PASSED BY THE CITY COUNCIL: August 17, 1993 RESOLUTION NO. 777 53917.1 -3—