Resolution 6940006.080.003A
WSS /klt
02/08/90
RESOLUTION NO. 694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, EXPRESSING CONCERN TO
CONGRESS AND THE FEDERAL COMMUNICATIONS
COMMISSION IN RESPONSE TO ITS NOTICE OF INQUIRY
REGARDING THE CABLE COMMUNICATIONS POLICY ACT OF
1984.
WHEREAS, Congress and the Federal Communications
Commission (FCC) have invited comments regarding their review of
the Cable Communications Policy Act of 1984;
WHEREAS, the City Council finds and believes that
despite its maintenance of a nonexclusive franchise the granting
of a cable franchise in the context of the current law and the
practical realities of the development of a cable communications
network, creates a potential monopoly;
WHEREAS, the inability of the City to regulate rates
leads to constant, periodic rate increases based upon a
franchisee's assessment of the maximum return available from the
system and unrelated to any assessment of a-reasonable return
upon its investment;
WHEREAS, the Council finds that while its franchisee
currently complies and in certain respects exceeds the minimum
standards established by the Federal Communications Commission
and the Cable Communications Policy Act of 1984, it still
receives complaints from its citizens regarding the quality of
service;
WSS52077R -1-
WHEREAS, while the franchisee appears to be in
compliance with current law, the City Council finds and believes
that it would be in the public's best interest to provide for
reasonable review of rate increases in order to insure that they
are rationally related to the cost of maintaining and upgrading
the system and a reasonable return thereon; and
WHEREAS, because cable television franchises must be
nonexclusive, the Council believes that issues such as the
designation of channels to be carried as a part of the basic
service offered to all subscribers, complaint procedures,
technical standards, and other similar issues should be open to
local regulation through the franchise negotiation process; Now,
Therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Federal Communications Commission and
Congress is respectfully requested to consider amendment of the
Cable Communications Policy Act of 1984 in order to provide for:
1.1 Reasonable review by local governmental agencies.of
rate increases. Such review could be limited to review of
individual or total increases which exceed the Consumer Price
Index increase for the period of review, thus permitting
reasonable increases without review and more in -depth review only
of large or otherwise unsubstantiated increases.
1.2 Permitting local governmental entities to
negotiate, through the franchising process, more stringent
WSS52077R -2-
1
requirements than those currently provided for by federal law in
the areas of:
the system;
service; and
1.2.1 Subscriber complaint review procedures;
1.2.2 Technical standards for the operation of
1.2.3 The nature and extent of basic subscriber
1.2.4 Such other reasonable limitations as the
parties may negotiate.
Section 2. The City Clerk is hereby directed to
forward a certified copy of this resolution to Congress and to
the Federal Communications Commission, care of the FCC.
RESOLVED this 20 day of February , 1990.
ATTEST /AUTHENTICATED:
ITY CLERK, JACQUELINE G. PARRETT
APPROVED:
FILED WITH THE CITY CLERK: February 9, 1990
PASSED BY THE CITY COUNCIL: February 20, 1990
RESOLUTION NO. 694
WSS52077R
-3-