AG 1998 10 19 - Laserfiche WebLink

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BE IT ORDAINED that the CABARRUS COUNTY ORDINANCE DIRECTING THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN TI~E COUNTY OF CABARRUS is hereby amended to read as follows: WHEREAS, on October 5, 1992, Congress enacte~ the Cable Television Consumer Protection and Competition Act of 1992 which, among other things, provided that the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter, "Basic Service Rates and Charges") shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter the "FCC"); and WHEREAS, on April 1, 1993, the FCC prescribed such regulations in the Report and Order, In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992: Rate Regulation, MM Docket No. 92-266, FCC 93-177 (released May 3, 1993) and on July 15, 1993, the FCC issued Notice of Proposed Rulemaking, In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992, FCC MM Docket No. 93-215 (released on July 16, 1993) and as other Basic Service Rates and Charges regulation shall be hereafter be prescribed by the FCC and as such regulations may be amended from time to time (hereinafter the "FCC Rate Regulations"); and WHEREAS, pursuant to 47 C.F.R. Part 76.900, Subpart N, Section 76.910, on the 6th day of January, 1994 the County of Cabarrus submitted FCC Form 328-Certification for Local Franchising Authorities--to the FCC via Registered Mail, Return Receipt Requested. Pursuant to Section 76.910, the date on the return receipt, January 10, 1994, is to be considered the date filed. A copy of FCC Form 328 was also served on Franchisee on January 6, 1994, the same day it was flied with the FCC. WHEREAS, pursuant to Section 76.910, the County's certification becomes effective on February 10, 1994; thirty (30) days after the date filed. WItEREAS, the County of Cabarrus (hereinafter, the "County") is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the regulation of Basic Service Rates and Charges of any cable television system operating in the County (hereinafter the "Franchisee"), including, without limitation, the system currently being operated by X, qs!cn Cable Ccm~;dnicat!cn: Time Warner Cable pursuant to the current Franchise agreement adopted-November-9;-t97g-and-e~tended-November-.t;499-3 February 16, 1998; and