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RESOLUTION BY THE C~TY COUNCIL OF THE CITY OF UNIVERSITY <br />[]ITY~ MISSOURI~ AUTHORIZING THE PETITION FOR <br />CERT I F I CAT I ON FR[]M lHE FEDERAL C(]MMUN I CAT IONS C[]MM i SS I ON <br />F0 PERMIT THE []ITY OF UNIVERSITY CITY T0 RF_GULATE RATES <br />F[]~ CABl.E SERV]'CEZS IN ACCORDANCE WITH PF<0VISIONS OF ALL <br />APF:'LiCABLE FEDERAL LAWS? TN[]LUDING THE STATUTE KNOWN AS <br />'~HE "CABIn. 'TE'.LEVISi[]N AC'~ OF i'>'~-~:%" <br /> <br />WHEREAS, the Cable 'relevision Consumer Protection and <br />Comoe~:~.ticln Act o+' ~t'.-.?'?2 provided that the rates o~ every cable <br />system not subject to e~ective competition shall be sub.ject to <br />m~equ~ at :i on by the Federa~l Commun icat ions Commission ( "FCC" ) or bv <br />a 'Franchising author:Lty certified by the FCC as authorized under <br />~::he Cable Act: and~ <br /> <br /> WHEREAS, the J'.-'.>'?2 Act provides that the ~ranchising authomity~ <br />under certain terms and conditions~ may ~ile with the FCC to <br />receive writ. t~n certification to en~ol-ce the regulations prescribed <br />by h_he FCC and regulate the rates ~or certain services; and, <br /> <br /> WHEREAS, the City has Peasop to believe the FCC"s presumption <br />that cable !systems de not ~ac:e e~cective competition is correct, <br />and no reason to believe ~.t is incorrect wit, hin the []ity o~ <br />ijniversity City. <br /> <br /> NOW, '[HEREFORE? BE IT RESOL.VEE~ BY THE: C[]LINCIL OF THE CITY OF <br />UNIVERSITY CITY: <br /> <br />The City is hereby authorized and directed and emoowered to: <br /> <br /> i. Take a].] steps appropriate to ~ile a written certification <br />to the Federal Communications Commission a~'~cirming that the City o~~' <br />University City: <br /> a. will adopt and administer rate regulation rules <br />which accord with ~ederal rules and regulations~ and <br /> b. has the legal authority to adopt., aod the personnel <br />to administer such rules and regulations; and, <br /> c. will ensure that the rate regulation procedure <br />prevides a reasonable opportunity ~or the consideration o~c the <br />views cdc ~nterest. ed parties~ and~ <br /> d. has reason to believe the FCC"s ~resumption that <br />cable systems do not 4~ace e~ective competition ~s correct~ and no <br />reason to believe it is incorrect. <br /> <br /> 2. Serve upon the City such not. i~ication regarding <br />cerl'~i~ic:atic~n as required by FCC rules, including application and <br />grant o~ certification and adoption of applicable regulations~ <br /> <br />O 1 <br /> <br /> <br />