ORD NO 23-1993 `+l
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. -1993
AN ORDINANCE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED
EQUIPMENT INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING
IN THE CITY OF VAN BUREN, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, The City of Van Buren, Arkansas (hereinafter, the "CITY is
a franchising authority with the legal authority to adopt, and
the personnel to administer, regulations with respect to the
Basic Service Rates and Charges of any cable television system
operating in the City, including, without limitation, the system
currently being operated by the Van Buren T.V. Cable Company
(hereinafter "the Company pursuant to Ordinance No. 21 =1971,
as amended (hereinafter the Franchise and
WHEREAS, The City desires to regulate the Basic Service Rates and Charges
of the Company and any other cable television system operating
in the City and shall do so in accordance with the FCC Rate
Regulations, notwithstanding any different or inconsistent
provisions in. the Franchise:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
SECTION 1: The City will follow the FCC Rate Regulations in its regulation
of the Basic Service Rates and Charges of the Company and any
other cable television system operating in the City, notwith-
standing any different or inconsistent provision in the
Franchise.
SECTION 2: In connection with such regulation, the City will ensure a
reasonable opportunity for consideration of the views of
interested parties.
SECTION 3: The Mayor or the Mayor's designee, is authorized to execute on
behalf of the City and file with the FCC such certification
forms or other instruments as are now or may hereafter be
required by the FCC Rate Regulations in order to enable the City
to regulate Basic Service Rates and Charges.
SECTION 4: Consultant and Costs.
A. The City may utilize a rate consultant to advise it on pro-
posed rate changes and to assist it in the procedures and
the standards for review adopted by the FCC. A rate con-
sultant 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.
B. All costs for the review of initial rates or rate changes
shall be paid by the cable operator upon demand of the City,
unless contrary to applicable rules of the FCC governing
these procedures or unless otherwise specifically preempted
by state or federal law. The costs shall include, but not
be limited to, rate consultants, attorney's fees and the
reasonable value of services (as determined by the City)
rendered by the City or any City employees, agents or
representatives of the City.
SECTION 5: Emergency. Whereas our City has been Certified to regulate the
Basic Tier Cable T.V. Rates effective October 8, 1993, and
whereas the rates have been frozen until November 15, 1993, and
we need to officially notify our cable operator that we have
been certified and we request the cable operator to file a Form
393 within thirty (30) days. Therefore, an emergency is hereby
declared to exist and this ordinance being necessary for the
immediate protection of the public peace, health and safety
shall take effect immediately on its passage and approval.
PASSED AND APPROVED THIS 18TH DAY OF OCTOBER ,19 93
f I I/ i
YOR
ATTESTED:
CITY—CLERK— TREASURER