(A) On the 19th day of July, 1978, the city passed and adopted Ordinance No. G20-78 granting to Citizens Cable ("Grantee") the non exclusive right to construct, own, and operate a cable television system in the city.
(B) On the 12th day of March, 1986, the city passed and adopted Ordinance 535-86 approving the transfer of Citizens Cable stock to Comcast Cablevision of Indiana, L.P.
(C) The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective on December 4, 1992. The 1992 Cable Act amends the Cable Communications Police Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators.
(D) On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate regulations were released May 3, 1993, and became effective September 1, 1993.
(E) Pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 30th day of August, 1993, the city submitted FCC Form 328--Certification for Local Franchising Authorities--to the FCC via Registered mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt, September 2, 1993, is to be considered the date filed. A copy of FCC Form 328 was also served on Grantee on August 30, 1993, the same day it was filed with the FCC.
(F) Pursuant to Section 76.910, the city's certification becomes effective 30 days after the date filed.
(G) In adopting this chapter, the city reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the views of interested parties.
(H) This chapter will govern the procedures to be undertaken by the city for the regulation of Grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC.
(Ord. S-78-93, passed 10-26-93)