Loading...
HomeMy WebLinkAboutORD 2000-025 ORDINANCE NO. 2000-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE REJECTING FCC FORM 1235 FILED BY PARAGON CABLE AND ACCEPTING ITS WITHDRAWAL; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas (the "City") franchises cable television service for the benefits of its citizens; and WHEREAS, the City is the Grantor of a Franchise Ordinance by and between the City and Paragon Cable ("Paragon"); and WHEREAS, in accordance with applicable provisions of the Telecommunications Act of 1996 (herein the "Telecom Act") and rules adopted by the Federal Communications Commission ("FCC") and all other applicable federal and state law and regulations, the City has undertaken all appropriate procedural steps to regulate the equipment and installation rates; and WHEREAS, in accordance with applicable FCC regulations the City adopted an Ordinance providing for the regulation of rates charged by cable television operators within the City for the equipment and installation rates and related equipment and installation charges and providing for a reasonable opportunity for interested parties to express their views concerning basic cable regulations; and WHEREAS, Paragon has filed FCC Form 1235 regarding basic service rates; and WHEREAS, the City has requested, and Paragon has agreed to, the withdrawal of Form 1235, based on the City's belief that the rate increase proposed on Form 1235 included inappropriate charges Paragon had previously recovered under the Social Contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. Findings: 1. That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. 2. That on or about October 1, 1999, the City received Paragon's FCC Form 1235 filing. 3. That Paragon instituted a rate adjustment based on its Form 1235 filing effective January 1, 2000. 4. That on March 7, 2000, Paragon issued a letter to the City committing to withdraw FCC Form 1235. Section 2. Conclusions and Order for Action: The City has an obligation to timely act upon the pending rate application consistent with current FCC rules and regulations. The City rejects Form 1235. Therefore, Paragon's withdrawal of the FCC Form 1235 received on or about October 1, 1999, is hereby accepted based on the reason that the proposed rate is not reasonable. Paragon cable is hereby required to refund to its current customers any amounts charged to them based on the Form 1235 rate adjustment. Section 3. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which required that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 28th day of March, 2000. APPROVED: Jilliam D. Tate Mayor ATTEST: Lin a Huff City Secretary ORD. NO. 2000-25 2 APPROVED AS TO FORM: Matthew Boyle City Attorney ORD. NO. 2000-25 3