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Ordinance No. /w 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING SECTION 2 OF
ORDINANCE 1074, AS AMENDED BY ORDINANCE 1394,
EXTENDING THE TERM OF THE FRANCHISE AGREEMENT
WITH TCI OF WASHINGTON, INC. TO JANUARY 1, 1994 OR
UPON THE COMPLETION AND ACCEPTANCE OF A
SUCCESSOR FRANCHISE AGREEMENT.
WHEREAS, the City of Tukwila has granted a franchise to operate a cable
communications system within the City of Tukwila; and
WHEREAS, the current franchise agreement expires on October 3, 1993 and completion
of the successor agreement is not yet finalized; and
WHEREAS, it is in the best interests of the City of Tukwila and TCI of Washington, Inc.
to extend the existing agreement until negotiations on a successor agreement can be
concluded;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 1074, Section 2. Length of the Franchise, is hereby amended to
read as follows: The expiration date of the franchise shall be extended to January 1, 1994 or
until the completion and acceptance of a successor franchise agreement, whichever is sooner.
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CIIY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this -4Z day of ,1993.
Jo h11) W. Rants, Mayor
4
ATTEST/ AUTHENTICATED: APPROVED AS TO FORM:
J e E. Cantu, City Clerk Office of the City Attorney
FILED WITH THE CITY CLERK: 9 60 9
PASSED BY THE CITY COUNCIL: /0 9
PUBLISHED: /U 7- rj -3
EFFECTIVE DATE: i O
ORDINANCE NO.: 6
Federal Communications Conriission
Washiv D. C. 20551
1 Name of Franchising Authority
Mailing Address 6460 City iA v i f&..
Telephone No. (include area code):
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Person t
contact with respect to this
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FCC 328
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
2. a. Name (s) and address(es) of cable system(s) and associated FCC community
unit identifiers within your jurisdiction. (Attach additional sheets if necessary.)
Cable System's Name 7 Z /AC
Mailing Address/ J/f
Gty t SL,71/6, State U ZIP Code
Cable System's FCC Community Unit Identifier:
?'1t f et.44� 4;19 0-0. cz.
Cable System's Name
Mailing Address
Crty
Cable System's FCC Community Unit Identifier:
2. b. Name (s) of system(s) and associated community unit identifier(s) you
claim are subject to regulation and with respect to which you are filing this
certification. (Attach additional sheets if necessary.)
Name o f S n
"T J /L!/
Name of System
State
State ZIP Code
Community Unit
Identifier
%n /A ZOO
Community Unit
Identifier
2. c. Have you served a copy of this form on all parties E Y
fisted in 2.b.?
Return the original and one copy of this certification form (as
indicated in Instructions), along with any attachments, to:
Federal Communications Commission
Attn: Cable Franchising Authority Certification
P.O. Box 18539
Washington, D. C. 20036
For FCC Use Only
3. Will your franchising authority adopt
(within 120 days of certification) and
administer regulations with respect to
basic cable service that are consistent
with the regulations adopted by the FCC
pursuant to 47 U.S.C. Section 543(b)?
4. With respect to the franchising authority's regulations referred
to in Question 3,
a. Does your franchising authority have
the legal authority to adopt them?
b. Does your franchising authority have
the personnel to administer them?
5. Do the procedural laws and regulations
applicable to rate regulation proceedings
by your franchising authority provide a
reasonable opportunity for consideration
of the views of interested parties?
Approved by OMB
3060-0550
Expires 05/31/96
14 Yes E No
Yes ❑No
Yes No
Yes No
6. The Commission presumes that the cable
system(s) listed in 2.b. is (are) not subject
to effective competition. Based on the
definition below, do you have reason to
believe that this presumption is correct?
(Effective competition means that (a) fewer than 30 percent of the
households in the franchise area subscribe to the cable service of a
cable system; (b) the franchise area is (1) served by at least two
unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at least 50 percent
of the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for
that franchise area offers video programming to at least 50 percent
of the households in that franchise area.)
Sig Lure
tt C Administrator
D September 20, 1993
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND /OR IMPRISONMENT (U.S. CODE
TITLE 18, SECTION 1001).
FCC 328
August 1993
Federal Communications Commission
Washington, D.C. 20554
1, The Cable Television Consumer Protection and Competition Act,
enacted in October 1992, changes the manner in which cable
television systems that are not subject to effective competition are
regulated. In general, rates for the basic service tier (the tier required
as a condition of access to all other video services and containing,
among other services, local broadcast station signals and public,
educational, and public access channels) and associated equipment
will be subject to regulation by local or state governments
"franchising authorities Rates for cable programming services and
associated equipment (all services except basic and pay channels) will
be subject to regulation by the FCC. Rates for pay channels
(channels for which there is a specific per -channel or per program
charge) are not regulated.
2. Only cable systems that are not subject to effective competition may
be regulated. Effective competition means that (a) fewer than 30
percent of the households in the franchise area subscribe to the cable
service of a cable system; (b) the franchise area is (i) served by at least
two unaffiliated multichannel video programming distributors each of
which offers comparable video programming to at (east 50 percent of
the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for that
franchise area offers video programming to at least 50 percent of the
households in that franchise area.
3. In order to regulate basic service tier rates, a franchising authority
must be certified by the FCC. In order to be certified, a franchising
authority must complete this form. An original and one copy of the
completed form and all attachments must be returned to the FCC
by registered mail, return receipt requested, to the FCC at the
address on the form.
4. A copy of the form must be served on the cable operator by first-class
mail on or before the date the form is sent or delivered to the FCC.
5. The franchising authority's certification will become effective 30 days
after the date stamped on the postal return reteint unless otherwise
notified by the Commission by that date. The franchising authority
cannot begin to regulate rates, however, until it has actually adopted
the required regulations (see below) an until it has notified the cable
operator that it has been certified and that it has adopted the required
regulations.
6. In order to be certified, franchising authorities must answer "yes" to
Questions 3, 4, and 5, which are explained as follows:
7. Question 3: The franchising authority must adopt rate regulations
consistent with the Commission's regulations for basic cable service.
To fulfill this requirement for certification, the franchising authority
may simply adopt a regulation indicating that it will follow the
regulations established by the FCC.
8. Question 4(a): The franchising authority's "legal authority" to regulate
basic service must come from state law. )n Some states only the
state government may regulate cable rates In those states, the state
government should file this certification. Provisions in franchise
agreements that prohibit rate regulation are void, and do not prevent
a franchising authority from regulating the basic service tier and
associated equipment.
INSTRUCTIONS FOR FCC 328
FRANCHISING AUTHORITY CERTIFICATION
The franchising authority has 120 days to adopt these regulations
after the time it is certified. The franchising authority may not,
however, begin to regulate cable rates until after it has adopted these
regulations and until it has notified the cable operator that it has been
certified and has adopted the required regulations.
Approved bs' OMB
3060.0550
Expires 05/31/96
Question 4(b): The franchising authority must have a sufficient
number of personnel to undertake rate regulation.
A franchise authority unable to answer "yes" to questions 4(a) or 4(b)
may wish to review the FCC's Report and Order in Docket 92 -266
FCC 93 -177 (released May 3, 1993) for further information on the
establishment of altemative federal regulatory procedures.
9. Question 5: Franchising authorities must have procedural regulations
allowing for public participation in rate regulation proceedings. If a
franchising authority does not have these regulations already in place,
it must adopt them within 120 days of certification and before it may
undertake rate regulation.
10. Question 6: Most cable systems are IIOI subject to effective
competition, as defined by the Cable Act. (The definition is included
above and on the form.) The franchising authority may presume that
the cable system in its jurisdiction is not subject to effective
competition.
For purposes of applying the definition of effective competition (see
hem 2 above), "multichannel video programming distributors" include
a cable operator, a multichannel multipoint distribution service, a
direct broadcast satellite service, a television receive -only satellite
program distributor, a video dialtone service, and a satellite master
antenna television system. A multichannel video programming
distributor's services will be deemed "offered" when they are both
technically and actually available. Service is "technically available"
when the multichannel distributor is physically able to deliver the
service to a household wishing to subscribe, with only minimal
additional investment by the distributor. A service is "actually
available" if subscribers in the franchise area are reasonably aware
through marketing efforts that the service is available. Subscribership
of those multichannel video programming distributors offering service
to at least 50 percent of the households in a franchise area will be
aggregated to determine whether at least 15 percent of the
households in the franchise area are served by competitors. A
multichannel video programming distributor must offer at least 12
channels of programming, at least one channel of which is
nonbroadcast, to be found to offer "comparable" video programming.
11. This certification form must be signed by a govemment official with
authority to act on behalf of the franchising authority.
FCC NOTICE TO INDIVIDUALS REQUIRED RV THE PRIVACY ACT AND THE PAPERWORK
REDUCTION ACT
The sotcatation of personal information in this form is authorized by the Communications Act of
1934, as amended. The Commission will use the information provided in this form to determine
if the franchise authority should be authorized to regulate cable rates. In reaching that
determaanon, or for law enforcement purposes, it may become necessary to refer personal
inlormren contained in this form to another govemment agency All information provided in this
form wit. be available for public inspection. Your response is required to obtain the requested
authorin.
Public reporting burden for this collection of information is estimated to average 30 minutes,
including the time for reviewing instructions, searching existing data sources, gathering and
maintairng the data needed, and completing and reviewing the collection of information. Send
commerrs regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Federal Communications Commission, Records
Management Division, AMD-PIRS, Washington, D. C. 20554, and to the Office of Management
and Budget, Paperwork Reduction Project (3060-0550), Washington, D. C. 20503.
THE FOREGOING NOTICE 1S REQUIRED BY THE PRIVACY ACT OF 1974, P.L 93 -579,
DECEMBER 31, 1975, 5 U.S.C. 522a(eX3) AND THE PAPERWORK REDUCTION ACT OF 1980,
P.L. 96511, DECEMBER 11, 1980, 44 U.S.C. 3507.
To: City Council
From: John McFarland
Date: September 30, 193
City of Tukwila
6200 Southcenter Boulevard Tukwila, Washington 98188 John W. Rants, Mayor
Re: Extension of TCI Franchise
The operating agreement between the City and TCI for provision of cable TV service
expires on October 4. We have been involved in the negotiation of a successor agreement
for sometime. Doug Micheau advises that a few remaining details are yet to be worked out,
however, we will not be able to conclude the agreement prior to October 4.
TCI has suggested an extension of the franchise agreement until January 1, 1994 or upon
completion of the new agreement, whichever occurs sooner. The Administration is
agreeable to this extension. Attached for your consideration is an amendment to the
franchise agreement (Ordinance 1074) which will provide for the requested extension.
Phone: (206) 433 -1800 City Hall Fax (206) 433 -1833
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING SECTION 2 OF ORDINANCE
1074, AS AMENDED BY ORDINANCE 1394, EXTENDING
THE TERM OF THE FRANCHISE AGREEMENT WITH TCI
OF WASHINGTON, INC. TO JANUARY 1, 1994 OR UPON
THE COMPLETION AND ACCEPTANCE OF A SUCCESSOR
FRANCHISE AGREEMENT.
On /6'' 1` 3 the City Council of the City of Tukwila passed Ordinance
No. 7 extending the term of the franchise agreement with TCI of Washington, Inc. to
January 1, 1994 or upon the completion and acceptance of a successor franchise agreement,
providing for severability, and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published: Seattle Times 10/8/93.
i
V. Jan EE. Cantu, City Clerk
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