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Resolution 10234CITY OF ALAMEDA RESOLUTION NO. 10234 SUPPORTING NATIONAL LEAGUE OF CITIES RESOLUTION PROTECTING LOCAL AUTHORITY AND CONSUMER INTERESTS IN CABLE LEGISLATION WHEREAS, the City of Alameda has affirmed its view that federal cable television legislation restricting local government responsibilities is not appropriate; and WHEREAS, the City of Alameda has urged Congress to preserve existing municipal authority on the cable television field; and WHEREAS, the City of Alameda wishes to reinforce those past actions in light of efforts to improve current legislation under consideration; NOW, THEREFORE; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said City goes on record as supporting the attached National League of Cities Resolution which seeks to protect local authority and consumer interests in cable legislation. 0 BE IT FURTHER RESOLVED that copies of this resoluiton be forwarded to the Chair of the House Energy and Commerce Committee and other members from California and Congressman Fortney H. Stark. * * * * * * 0„ NATIONAL LEAGUE OF CITIES ADOPTED RESOLUTION November 30, 1983 New Orleans THE PROTECTION OF LOCAL AUTHORITY AND CONSUMER INTERESTS IN CABLE LEGISLATION WHEREAS, provision of cable television service has proven to be a valuable service to hundreds of communities across the country and holds great promise to all cities in the United States; and WHEREAS, local governments have had the responsibility for franchising cable television systems in their cities and for overseeing the implemen- tation of those franchises once awarded; and WHEREAS, the presence of a strong local governmental role in the overseeing of franchise agreements has worked to ensure that contractual obligations are carried out and the public interest served; and WHEREAS, since 1981, the National Municipal Policy of the League has called for the pursuit of federal cable television legislation which protects local regulatory authority; and WHEREAS, the National League of Cities has provided valuable leadership in developing such legislation; and WHEREAS, the U.S. House of Representatives has been deliberating on federal cable television legislation; and WHEREAS, the National League of Cities recognizes that since the U.S. Senate adopted S. 66, circumstances have changed due in part to the complexity of the legislative agenda involving telephone deregulation as well as to rapidly developing technology in the field of tele- communications; NOW, THEREFORE, BE IT RESOLVED that the National League of Cities continue its efforts to achieve cable legislation, consistent with the following goals: • that local and state governments not be limited in their option to negotiate the definition of basic services and to regulate the rates charged by cable television companies for basic service, should they believe it to be in the public interest; o that at the time of franchise renewal, cities be able to obtain reasonable upgrades of system hardware to "state -of- the -art" standards; be able to refuse renewal to an operator which has given poor service during the life of the franchise; be able to negotiate the purchase price of a cable franchise when a municipality buys back a cable system or the system 2 is transferred to a third party through a forced sale; and that any court review will not be de novo and court review of renewal or non-renewal decisions be the same as that accorded other legislative decisions; • that all existing franchises and their terms and conditions and all franchise processes in which a Request for Proposals has been issued be grand- fathered; • that the legislation protect cities from antitrust liability for compliance with federal law; • that any limitation on franchise fees not apply to fees, charges and taxes charged to or through a cable operator as part of a larger class, for example, utility user taxes; • that federal cable legislation not restrict the ability of cities to require public, educational, governmental and leased access to cable television; • that cable companies not be provided with the power to abrogate contractual obligations based on a unilateral assertion of a "significant change in circumstances"; and • that local government not be restricted from municipal ownership and operation. Submitted by: Date Received: Referred to: Resolutions Committee November 28, 1983 NLC Membership I, the undersigned, hereby cert fy that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular ,ueet ng assembled on the 17th of January, 1984, by the following vote to wi t AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of January, 1984.