[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Editor's Note: This ordinance also repealed former Ch.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.
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.
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.
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the Borough of Baldwin, is hereby repealed and the Authority is dissolved,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review cable television rates is hereby repealed.
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.
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.
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No. 01-94
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SHACOG BOARD RESOLUTION
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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.
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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:
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Section 1
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(a)
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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.
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(b)
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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.
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Section 2
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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The Rate Review Committee may waive the requirements of the
public hearing provided for by Section 3 for promotional rate reductions.
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(f)
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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.
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Section 3
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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(e)
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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).
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Section 4
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(a)
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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.
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(b)
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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.
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ADOPTED this 17th day of February, 1994
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ATTEST:
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Executive Director
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President
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AGREEMENT BETWEEN SHACOG AND THE BOROUGH OF BALDWIN TO
PARTICIPATE IN THE SHACOG JOINT RATE REVIEW PROGRAM
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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:
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1.
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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.
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2.
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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.
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3.
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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.
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4.
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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.
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5.
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The assessment for calendar year 1994 shall be $0.14 per basic
cable subscriber in the participating municipality as of September
30, 1993.
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6.
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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.
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BOROUGH OF BALDWIN
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By
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President of Council
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ATTEST
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Borough Secretary
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EXAMINED AND APPROVED this _____ day of ____________________,
1994.
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SHACOG
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By
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President
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ATTEST:
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Executive Director
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