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<br />" ,!l ~ È2@ <br />D.ä: C;-' ::5 <a 29 <br />JjJ <.> . - <br />0 1..U ...::;; <br />Õ .---': e::: <br />Uò - c..:>ã <br />~ '-- t3~ <br />-'-- -. 0 <br />Ir~ ~ ¡::: b <br />~.:i! '3õ <br /> <br />b-r'; ~ ~ I ORDINANCE NO. 1993- 85 <br />ILl 8 -- tj== <br />~ v- û ã AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, <br />~fr>1 ~ ;¿¡~ AMENDING CHAPTER 23, PUBLIC UTILITIES, OF THE <br />11. J-j =. := ; SAN MARCOS CODE OF ORDINANCES TO ADD AN <br />. < è3~ ARTICLE IV, CABLE TELEVISION RATES; <br />PRESCRIBING REGULATIONS FOR RATES CHARGED TO <br />CABLE TELEVISION SUBSCRIBERS FOR THE BASIC <br />SERVICE TIER; PROVIDING THAT THIS ORDINANCE IS <br />CUMULATIVE OF CERTAIN LAWS AND REPEALING <br />OTHERS; PROVIDING FOR SEVERABILITY; PROVIDING <br />A PENALTY; PROVIDING FOR PUBLICATION; AND <br />DECLARING AN EMERGENCY. <br /> <br /> <br />WHEREAS, the Federal Communications commission ("FCC") has <br />issued rules' pursuant to the Cable Television Consumer Protection <br />and Competition Act, Pub. L. No. 102-385(1992) ("1992 Cable Act"), <br />implementing the regulation of cable television subscriber rates; <br />and, <br /> <br />WHEREAS, these rules allocate the regulation of rates for the <br />basic service tier and associated equipment to local franchising <br />authorities and require local authorities to become certified and <br />adopt their own regulations governing the process of rate <br />regulation; and, <br /> <br />WHEREAS, the City of San Marcos franchises cable television <br />service for the benefit of its citizens; and, <br /> <br />WHEREAS, the city has submitted its application for <br />certification to the FCC and it is expedient to adopt the required <br />regulations now, in order to implement regulations at the earliest <br />. possible date to obtain the most competitive rates for the City's <br />. cable ratepayers; NOW, THEREFORE, I <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. That Chapter 23, Public utilities, of the San <br />Marcos Code of Ordinances is hereby amended to add an Article IV, <br />Cable Television Rates, to read as follows: <br /> <br />ARTICLE IV. CABLE TELEVISION RATES <br /> <br />Sec. 23-35. Definitions. <br /> <br />In this Article: <br /> <br />(1) Basic Cable Rate means the monthly charge for <br />subscription to the basic service tier and the <br />associated equipment. <br /> <br />(2) Basic Service Tier m:=ans a separately available <br />service tier to which subscription is required for <br />access to any other tier of service, including as a <br />minimum, but not limited to, all must-carry <br />signals, all PEG channels, and all broadcast <br />television signals other than superstations <br />provided by a cable operator to any subscriber. <br /> <br />(3) Benchmark means a per channel rate of charge for <br />cable service and associated equipment which the <br />FCC has determined is reasonable. <br /> <br />(4) Cable Act means the Cable Television Consumer <br />Protection and Competition Act of 1992, as amended. <br /> <br />(5) Cable Operator means any person or group of <br />persons: <br />