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