City Council Minutes 1993 09 21 - Laserfiche WebLink

Home Browse Search

Sisk stated that until they're in compliance with the existing franchise agreement, he felt that it was foolish to suspend the hearings and discuss another franchise extension. Sisk moved that Council continue the hearings until November 16, 1993 at 7:00 p.m. Seconded by Mayer. All in favor. DISCUSSION/DIRECTION - REGULATION OF BASIC CABLE RATES Susan Griffiths, City Attorney, stated that as a result of the 1992 Federal Cable legislation, effected September 1, 1993, the City of Louisville could apply to the FCC to be certified to regulate the basic cable service and equipment rates. The basic cable service, a technical term within the Federal Cable Act applying only to that level of service, which includes the over-the-air channels and the paid channels. It does not include the additional channels. The application can be made individually or in conjunction with other franchising authorities. The city may not regulate other rates of Scripps Howard. For other rates of Scripps Howard, those above the very minimal level of service, those rates will be regulated by the FCC on a complaint basis only. Under the 1992 Act, there is no rate regulation of the per channel programming. She explained that, if the City does not become certified to regulate this basic cable service and equipment rates, they will likely remain unregulated within the City of Louisville. Only under the most limited conditions will the FCC assume any authority to regulate when the franchising authorities do not do it, it will not be done. The application for certification is filed by the city, who sends it into the FCC. Unless the FCC denies it, it is automatically approved after 30 days. There is no cut off date for filing for this certification, with one exception. There is a current rate freeze on preventing an increase in the average monthly subscriber bill, above the average monthly subscriber bill, determined by the rates in effect April 5, 1993. That freeze will be off on November 15, 1993. If the city is not certified to regulate rates prior to November 15, there is the potential there could be some change in the level of rates at that time, which would be unregulated. She stated that there is some value in the city filing for certification prior to October 15, so that it could go into effect prior to November ~ 1993. This rate regulation can be done individually or in junction with other franchising authorities. She had been contacted by attorneys from two other cities, who wondered if the city would have any interest in some joint certification for franchising, with respect to Scripps Howard. She commented that there would be some personnel and other costs related to regulating rates. She suggested Council postpone the final decision on this until the October 15, 1993, meeting. Sisk wondered, if Louisville doesn't set up a local regulatory agency in the form of City Council, then the citizen's only recourse for excess charges for basic rates would be to go through the FCC? 14