1994 - 01-04-94 Regular Meeting - Laserfiche WebLink

Home Browse Search

M1 BOOK X15 '?tr 539 008 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 COUNTY OF LEE EXCLUSIVE OF INCORPORATED AREAS WHEREAS, On October 5, 1992, Congress enacted the Cable Television Consumer Protection and Competition Act of 1992, which among other things, provided for the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter, "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter the "FCC"); and WHEREAS, on April 1, 1993, the FCC prescribed such ,regulations in the Report and Order. In the Matter of Implementatioir-'of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 3, 1993) (hereinafter the "FCC Rate Regulations"); and WHEREAS, the County of Lee (hereinafter, the "County") is a franchising authority with the legal authority to adopt and the personnel to administer, regulations with respect to Basic Service Rates and Charges of any cable television system operating in the County, exclusive of incorporated areas, including, without limitation the system currently operated by Crown Cable (hereinafter "the Company") pursuant to the ordinance granting a non-exclusive franchise to operate and maintain a cable television system in the County of Lee, North Carolina exclusive of incorporated areas granted to Cass Community Antenna Television, Incorporated on August 17, 1981, which franchise has been duly assigned to Cencom Partners, L.P., a Delaware limited partnership which has done business since March 24, 1993, under the name of Crown Cable (hereinafter the "Franchise"); and WHEREAS, the County desires to regulate the Basic Service Rates and Charges of the company and any other cable television system operating in the County and shall do so in accordance with the FCC rate regulations,,not withstanding any different or inconsistent provisions in the franchise; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE COUNTY OF LEE, THAT: 1. The County will follow the FCC rate regulations and its regulation of the basic service rates and charges of the Company and any other cable television operating in the County, not withstanding any different or inconsistent provisions in the Franchise; 2. In connection with such regulation, the County will ensure a reasonable opportunity for consideration of the views of interested parties;