HomeMy WebLinkAboutResolution 859 j - $
RESOLUTION FILE NO.
A Resolution
WHEREAS, in the interest of its citizens and in keeping with the
expectations of quality, affordable service for residents, the City of Fort
Worth traditionally and historically has regulated utilities and other
businesses which must use the public right-of-way to conduct their business;
and,
WHEREAS, many knowledgeable officials consider the cable industry a
utility because it is generally granted a de facto monopoly to operate within
municipal boundaries; and,
WHEREAS, the cable company dispenses information and entertainment
services through a limited-channel system; and,
WHEREAS, the cable company uses the right-of-way to hang coaxial cable
and in the process, causes considerable disruption of the daily commerce,
affairs, and property of Fort Worth citizens; and,
WHEREAS, cable television systems are "local" entities because each and
every system is designed to serve the community in which it operates, in terms
of both its physical plant design and programming selections; and,
WHEREAS, the City of Fort Worth chose a cable firm which offered a
diversity of programming and a level of service of the quality and caliber
which reasonably could be expected by its residents; and,
WHEREAS, the franchise agreement mutually signed by the City of Fort Worth
and Sammons of Fort Worth is fair and equitable to both parties; and,
WHEREAS, a cable firm operating in Fort Worth affects the health, safety
and public welfare of citizens through the construction process, programs,
and services it offers; and,
WHEREAS, the consideration and approval of proposed rate increases
traditionally has been used by local governments to insure that residents at
all economic levels have access to services at the lowest reasonable cost; and,
WHEREAS, the philosophy under the Reagan administration of dealing with
problems at the lowest level of government appears appropriate for cable matters
because each system is designed to meet local interests and concerns and not
those of Federal agencies or legislative bodies; and,
WHEREAS, the U.S. Senate is now marking-up S. 2172, the Cable Telecommunica-
tions Act of 1982, which is intended to severely limit local government regulation
of cable company operations within cities; and,
L-.,-, VI-U-1
CM of FORT WORM
WHEREAS, this legislation will effectively strip local government, including
the City of Fort Worth, of its authority to regulate local cable franchise by
(1) severely limiting the regulation of rates by local, state or federal authoritj-es,
and by (2) directing the FCC to set a nationwide ceiling on the franchise fee which
a city can require a cable company to pay for use of the public right-of-way, (3)
restricting use of the franchise fee to cable regulatory matters only, and not any
general fund uses; and,
WHEREAS, this legislation will require all existing franchise agreements to
be brought into compliance with its provisions, and will thereby eliminate all
previous good-faith contractual agreements between the City and the cable company;
and,
WHEREAS, passage of such legislation would leave cable companies as the only
major franchisee of a city to operate outside a local regulatory framework;
NOW, THEREFORE, BE IT RESOLVED that members of Congress and other interested
and concerned parties be advised that the City of Fort Wo.rth's City Council
adopts the following position:
1. That all efforts be used immediately by congressional representatives
of Fort Worth residents in keeping with the emerging philosophy of
this country, that Congress insure that regulatory powers over the
cable industry be left at the local level.
13
CM OF FORT WORTH