HomeMy WebLinkAboutRES NO 21-78RESOLUTION NO. 21-78
A RESOLUTION OF THE COUNCIL OF THE
CITY OF BAKERSFIELD SETTING FORTH
THE TERMS AND CONDITIONS FOR DE-
REGULATION OF RATES'FOR CABLE TV
FRANCHISES.
WHEREAS, Ordinance No. 1552, New Series, granted a fran-
chise to Trans-Video Corporation, the predecessor to Bakers-
field Cable Co., to engage in the business of CATV system in
the City of Bakersfield; and
WHEREAS, Ordinance F-83/F-94 of the County of Kern
granted a franchise to Warner Cable Co. to operate a CATV
system in the unincorporated areas surrounding the City; and
WHEREAS, both Ordinances Nos. 1552, New Series and
F-83/F-94 retained to the respective legislative bodies of
the City and County the power and right at all times to regu-
late rates of the two CATV systems operating in the Bakers-
field area; and
WHEREAS, portions of territory in which Warner Co.
operates have been annexed to the City; and
WHEREAS, it is the desire of the City Council of the
City of Bakersfield to deregulate the rates'of the Bakersfield
Cable Co. successor to Trans-Video Corporation and Warner Co.
operating within the City of Bakersfield, subject to certain
terms and conditions hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. Nothing contained in this Resolution shall deprive
the city council of its power to regulate rates of the CATV
Company as set forth in Ordinance No. 1552, New Series.
2. Grantees, Bakersfield Cable Company and Warner
Company shall not be subject to a rate structure for cable
service throughout the service areas within the City of
Bakersfield except as provided hereafter.
3. There shall be an annual public performance review
in April of each year commencing in the year 1979 by the Council
of the City of Bakersfield. Such review will be conducted by the
City Council at its direction.
4. If grantee at any time increases the rate for cable ser-
vices above the existing rates, they shall notify the City thirty
(30) days prior to implementing such increases and the City Council
shall have the right to review such increases in rates. If the
City Council by majority vote of its members desires to review
the rate increases, the Council shall notify the operators of
such decision and no increase in rates will become effective
until such time as a review is completed.
5. Grantees shall submit to City an annual financial state-
ment prior to April of each year.
6. This resolution shall be effective only so long as there
are three (3) Grade A network signals as defined by Federal
Communication Standards available to residents of the City, inde-
pendent of cable delivery of signals.
7. Grantees' subscriber penetration ratio (number of sub-
scribing residences and business divided by total number of
residences and businesses having cable available) shall not exceed
seventy per cent (70%), which shall be certified by grantees
at the time of notification of a proposed rate increase.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held on the 1st day of March , 1978,
by the following vote:
AYES: COUNCILMEN BARTON, .~1 Ik~S1Tl',i'SEl',l, MEDDERS, RAI'rY, ROGERS, SCEALE,S, ,STRONG
NOES: COUNCILMEN:
A~SENT, COUNCILMEN,
ASSTAINING COUNCILMEN:
CITY~C~LER~K~lo Clerk of
the Council of the City of Bakersfield
i978
APPROVED as to form:
CITY ATeORgY o~ t e ~~Bakersfield
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