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HomeMy WebLinkAbout85-22 - Amending Section 5.44.035 of the Newport Beach Municipal Code Deregulating Rates and Charges for Community Antenna TelevisionORDINANCE NO. 85 -22 • AN ORD I NANCE OF THE C I TY COUNC I L OF THE C I TY OF NEWPORT BEACH AMENDING SECTION 5.44.035 OF THE NEWPORT BEACH MUNICIPAL CODE DEREGULATING RATES AND CHARGES FOR COMMUNITY ANTENNA TELEVISION SECTION 1. The City Council of the City of Newport Beach finds and declares as follows: The City Council of the City grants franchises within the City for the operation of Community Antenna Television (CATV) services. The City Council has determined that the public good shall be served by the exercise of the police power to amend the Municipal Code to include sections regarding the Regulation of Rates and Service relating to CATV. SECTION 2. The City Council DOES ORDAIN as follows: The City Council is enabled by the Terms of the . Franchises and by Section 5.44.060 of the Municipal Code to amend the ordinances governing such franchises. • The Federal Cable Communications Policy Act of 1984 prohibits any franchising authority from regulating the rates for CATV service after December 29, 1986. The City Council has determined that the public good shall be served by the exercise of the police power to amend the Municipal Code to include sections regarding the Regulation of Rates and Service relating to CATV. SECTION 2. The City Council DOES ORDAIN as follows: -1- Section 5.44.035 of the Newport Beach Municipal Code is . hereby amended to read as follows: -1- • 5.44.035 REGULATION OF RATES AND SERVICE (a) The City Council shall, at all times and from time to time during the term of any franchise granted hereunder, have the power to and shall adopt and enforce and Grantee shall conform to rules and regulations of the Council governing and establishing reasonable rules, regulations and standards of performance pertaining to the system of Grantee. (b) The rates and charges for those services included under the definition "Non Basic Services" and "Basic Subscriber Services" as defined herein shall not require City Council review and approval. The Grantee shall, however, provide the City with sixty (60) days' prior written notification of any new rates or charges associated with "Non Basic Services" or "Basic Subscriber Services" to be provided within its franchise area. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be • effective thirty (30) days after the date of its adoption. • This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of August , 1985, and was adopted on the 26th day of 1985 by the following vote: AT EAT August 9 AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS City Clerk �/ -2-