HomeMy WebLinkAboutCC 8 CNTL CABLE T.V. 09-08-81DATE: August 24, 1981
CONSENT CALRNDAR
No. 8
9-8-81
Inter-Corn
THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: JAMES G. ROURKE, CITY ATTORNEY
ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY
SU8JECT: OPPOSITION TO THE INTERFERENCE WITH THE LOCAL CONTROL OF
CABLE TELEVISION FRANCHISES
A Bill designed to restructure the telecommunications industry
was recently amended by the Senate Commerce Committee to include
the deregulation of the cable television industry by local govern-
ment. Cable television was not mentioned in the original version
of the Bill, so no hearings have been held on the cable provisions.
S. 898, as that Bill is now identified, if adopted would prohibit
the regulation of all cable television rates by states or local
governments and would require the FCC to set ceilings on franchise
fees.
Specifically, the Bill provides:
"No executive agency of the United States...and no
state or political subdivision or agency...may
establish, fix or restrict the rates charged any
person for the receipt, use or sale of cable channel
capacity or time on such channels or cable service...or
other competitive services."
S. 898 is ready for consideration on the Senate floor and may
be taken up soon after Congress returns from its summer recess in
early September. Opposition to S. 898 is being strongly urged by
the California League of Cities.
Attached to this memorandum is a copy of a Resolution which
would oppose the adoption of S. 898 so long as that Bill contains
provisions restricting the regulation of the cable television
industry by local governments.
RLL:sl:D:8/21/81
Attachment
cc: City Manager
RESOLUTION NO. 81-102
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ENDORSING THE LOCAL REGULATION
OF CABLE TELEVISION FRANCHISES AND OPPOSING THE
ADOPTION OF UNITED STATES SENATE BILL 898.
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WHEREAS, the development of cable television requires the use
of local government rights-of-way in and over public streets; and
WHEREAS, the use and regulation of the public streets and
rights-of-way is and has been traditionally the concern of local
government; and
WHEREAS, a community antenna television system is in its very
concept a form of electronic media which is capable of being limited
to local communities with a capacity for providing local access
which is not available through the media utilizing the airwaves;
and
WHEREAS, local government has, without Federal or State inter-
vention in the area of local control of cable television, provided
for the regulation of the cable television industry in a manner
which has benefited the public as well as the industry; and
14 WHEREAS, the intervention of Federal and State government
into the local control of cable television systems is unnecessary
15 and would be counterproductive to the progress made by local
government in assuring the effective and systematic development
16 of cable television in the local communities; and
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WHEREAS, United States Senate Bill 898 has been introduced in
the Senate to restructure the tele-communications industry and has
been amended by the Senate Commerce Cimmittee to provide for the
deregulation of cable television by local government; and
WHEREAS, said amendments reflect no consideration of the public
interest in the regulation by local government of its streets and
rights-of-way, or of the developing monopolies being developed by
cable television companies in the local communities; and
WHEREAS, the cable television industry has been growing
rapidly even with local regulation of the industry.
NOW THEREFORE, the City Council of the City of Tustin,
California, resolves as follows:
25 1. That it strongly endorses the concept of local control
as it relates to the issuance of cable television franchises and
26 the supervision of such franchise operations, and that the State
and Federal governments be urged to reaffirm this historical
27 relationship and the responsibilities expressed thereunder by
cities and counties;
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2. That it opposes the adoption of United States Senate Bill
898 while it contains provisions limiting the control of the cable
television industry by local government; and
3. That copies of this Resolution be forwarded to the Orange
County League of Cities, the California League of Cities, Senator
S.I. Hayakawa and Senator Alan Cranston, urging their opposition
to United States Senate Bill 898 so long as it contains provisions
limiting the control of cable television franchises by local
governments.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin, this day of , 1981.
ATTEST:
MAYOR
City Clerk
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