8464-94 Amending Chapter 7 of the South Bend Service Charges of any Cable Television System

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• ORDINANCE NO. t `4 In & q 4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 7 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT The purpose of this Ordinance is to amend Chapter 7 of the South Bend Municipal Code to implement basic tier rate regulation as authorized by the Cable Television Consumer Protection and Competition Act of 1992 (Act) . As part of the certification process outlined by the Act, the Federal Communications Commission (FCC) requires local franchising authorities to adopt regulations consistent with regulations adopted by the FCC pursuant to 47 U. S .C. Section 543 (b) , and that the procedural laws and regulations applicable to rate regulation proceedings provide a reasonable opportunity for consideration of the views of interested parties . Pursuant to this Ordinance, the City of South Bend, Indiana, by its Board of Public Works, will regulate the rates for the basic tier of cable programming and associated equipment. It provides regulations for initial rate determinations as well as subsequent rate increases . NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : Section I . Chapter 7 of the South Bend Municipal Code is amended by adding Article II . Cable Television Rate Regulation, to read as follows : ARTICLE II. CABLE TELEVISION RATE REGULATION Sec. 7 .14. Definitions. (a) As used in this chapter: (1) Basic Cable Rates means the monthly charges for a subscription to the basic service tier and the associated equipment . (2) Basic Service Tier means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not limited to, all must-carry signals, all PEG channels, and all domestic television signals other than superstations . (3) Benchmark means a per channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable .