Borough of Baldwin, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 7-18-1994 by Ord. No. 671.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Cable television franchise — See Ch. A174.
[1]
Editor's Note: This ordinance also repealed former Ch. 8, Cable Television Franchising Authority, adopted 5-17-1993 by Ord. No. 658.

§ 8-1 Adoption of SHACOG resolution.

The Borough of Baldwin hereby adopts SHACOG Board Resolution No. 01-94[1] and agrees to participate in the joint cable television rate review process.
[1]
Editor's Note: Said resolution is included at the end of this chapter.

§ 8-2 Term of participation.

SHACOG Board Resolution No. 01-94 shall be binding upon the Borough of Baldwin from year to year as provided in that resolution until such time as Borough Council withdraws pursuant to the procedures established in SHACOG Resolution No. 01-94.

§ 8-3 Repealer.

Ordinance No. 658, establishing the Franchising Authority of the Borough of Baldwin, is hereby repealed and the Authority is dissolved, and Resolution No. 94-3 establishing regulations for that Board to review cable television rates is hereby repealed.

§ 8-4 Authorization of signatures.

The appropriate municipal officers are authorized to sign the attached agreement[1] between SHACOG and the Borough of Baldwin to participate in the SHACOG Joint Rate Review Program.
[1]
Editor's Note: Said agreement is included at the end of this chapter.

§ 8-5 Authority of Committee and Review Board.

The Rate Review Committee and the SHACOG Joint Rate Review Board created by SHACOG Board Resolution No. 01-94 is hereby authorized to act on behalf of the Borough of Baldwin within the confines of the authority set forth in SHACOG Resolution No. 01-94 for so long as the Borough of Baldwin participates in that process.
No. 01-94
SHACOG BOARD RESOLUTION
Authorizing a system by which member municipalities which are serviced by TCI of Pennsylvania as their cable television operator may jointly coordinate rate review procedures and decisions.
BE IT HEREBY RESOLVED that the Board of the South Hills Area Council of Governments (SHACOG) hereby establishes a joint municipal procedure for reviewing cable television rate requests from member municipalities serviced by TCI of Pennsylvania and sets forth the following procedures:
Section 1
(a)
Any SHACOG member municipality serviced by TCI of Pennsylvania as its cable television operator may enter into an agreement with SHACOG to jointly review and decide on cable television rates as permitted by the Cable Television Consumer Protection and Competition Act of 1992 (the "Cable Act"), and the Rate Regulation Standards of the Federal Communications Commission ("FCC") in Subpart (N) — Cable Rate Regulation, 47 CFR 76.900 et seq., as may be amended.
(b)
The signing of an agreement to participate in the Joint Rate Review Program will be binding on that member municipality for the duration of that calendar year. The agreement will automatically renew unless the Executive Director of SHACOG receives written notice of withdrawal at least 90 days before the end of the preceding calendar year.
Section 2
(a)
The SHACOG Rate Review Board Administrative Committee is hereby established (hereinafter referred to as the Rate Review Committee). The Committee shall consist of the Manager or Secretary or a designated substitute from each participating municipality. The SHACOG Executive Director shall be ex officio the Secretary for this Committee.
(b)
The Rate Review Committee shall meet and review rate information filed with the participating member municipalities within 10 days of notification that rate review information has been submitted to a member municipality. The representatives of those participating municipalities present shall decide what investigation, if any, will be undertaken to determine if the rate request is appropriate and lawful. A quorum of the Rate Review Committee will consist of a representative from 1/2 of the participating municipalities.
(c)
A majority vote of the members then present and voting shall be binding on all municipalities participating in the program. The Rate Review Committee may extend the time within which to decide on the extent of investigation, provided that the total time expended permits the hearing provided for in Section 3 to be conducted within the time parameters permitted by the FCC regulations.
(d)
If a majority of the Rate Review Committee members present determine that the thirty-day period is insufficient to review the filing, they may recommend that participating municipalities act to extend the period established for the review as permitted by the Cable Act and the FCC's regulations to prevent the proposed rates from becoming effective by operation of law.
(e)
The Rate Review Committee may waive the requirements of the public hearing provided for by Section 3 for promotional rate reductions.
(f)
In the event that there is a tie vote of the Rate Review Committee, the SHACOG Executive Director is hereby empowered to vote to break the tie.
Section 3
(a)
The SHACOG Joint Rate Review Board is hereby established with authority to determine whether a rate request received by any participating member municipality is appropriate and lawful. The SHACOG Executive Director shall be ex officio the Secretary of the Board.
(b)
The Review Board small be composed of one representative and one alternate appointed by each participating member municipality, although each municipality will only have one vote in deciding whether the rate request is permissible. Each municipality will determine who its representatives will be on the Review Board, and said representatives need not be a presently elected official or a member of the municipality's professional staff. In the event that an even number of municipalities participate, then the Executive Director of SHACOG, or his designate, shall sit on the Review Board to vote in the event of a tie. A quorum of the Review Board will consist of a representative from 1/2 of the participating municipalities.
(c)
The Review Board will schedule and conduct a public hearing for the receipt of oral comments and will receive written comments from the public and the cable operator on the reasonableness of the rates. The Executive Director of SHACOG shall give public notice of the hearing and notice of the hearing to the participating municipalities and to the cable operator.
(d)
The public hearing for oral comments shall normally be held and the close of the period for written comments shall be scheduled within 30 days of receipt of the rate filing unless extended by the Rate Review Committee. If the Rate Review Committee extends the period for the review of a rate filing, the period for written comments and the public hearing may be scheduled by the Board later than the thirty-day period commencing upon receipt of the rate filing, provided that such a period and hearing shall be held at such time that the comments received will be available for the Board's consideration in making the evaluation. The close of the comment period and the hearing for the initial rate filing of a cable operator that is providing service upon the effective date of the participating member municipality's ability to review rates as permitted by the FCC shall not be scheduled more than 120 days from the effective date of the participating member's ability to review rates.
(e)
The Review Board shall review the rate filing and the comments received and make a determination as to the reasonableness of the rate filing. The Board shall present its evaluation within 30 days of receipt of the rate filing unless the time period is extended as provided in Section 2(c).
Section 4
(a)
The costs of providing this Joint Rate Review Program shall be assessed on the participating member municipalities only. Such assessment shall be a pro rata share based on the ratio that the number of basic cable television subscribers in each participating municipality bears to the total number of basic cable television subscribers in all participating municipalities.
(b)
The number of basic subscribers shall be determined in each municipality as of September 30 of the preceding calendar year, and said ratio shall be revised annually in this manner.
ADOPTED this 17th day of February, 1994
ATTEST:
Executive Director
President
AGREEMENT BETWEEN SHACOG AND THE BOROUGH OF BALDWIN TO PARTICIPATE IN THE SHACOG JOINT RATE REVIEW PROGRAM
AND NOW, intending to be legally bound, the following agreement is entered into on this _____ day of _____, 1994, between the South Hills Area Council of Governments ("SHACOG") and the Borough of Baldwin:
1.
It is the intent of the participating municipality to join the SHACOG Joint Rate Review program, and it is the intent of SHACOG to permit the participating municipality to participate fully in that program.
2.
The participating municipality has read and reviewed SHACOG Board Resolution No. 01-94 which established the Joint Rate Review Program and any amendments to that resolution and agrees to be bound by that program.
3.
The participating municipality agrees to pay its proportionate share of the costs as set forth in that resolution and to pay the annual assessment within 30 days of receipt. This agreement will continue to bind the two parties for each calendar year hereafter unless the participating municipality gives written notice to the Executive Director of SHACOG that it wishes to withdraw at least 90 days prior to the start of a calendar year.
4.
SHACOG agrees to provide the participating municipality with an annual budget estimate prior to September 30 of the preceding calendar year, which assessment shall be based on the ratio which the number of basic cable television subscribers in the participating municipality bears to the total number of basic cable television subscribers of all of the participating communities. A member municipality shall not be required to pay more than that amount during the year unless SHACOG requests additional funds and the participating municipality agrees to pay same. If the participating municipality declines to pay the increased assessment, then that municipality's ability to participate in the joint program will end for that year as of the date of such refusal.
5.
The assessment for calendar year 1994 shall be $0.14 per basic cable subscriber in the participating municipality as of September 30, 1993.
6.
The participating municipality understands that it must pass an appropriate resolution and/or ordinance to effectuate the cable review program, and SHACOG takes no responsibility for municipality's failure to properly do so.
BOROUGH OF BALDWIN
By
President of Council
ATTEST
Borough Secretary
EXAMINED AND APPROVED this _____ day of ____________________, 1994.
SHACOG
By
President
ATTEST:
Executive Director